Advanced Search

Royal Decree 1346 / 1976, 9 April, Which Approves The Revised Text Of The Law On The Regime Of The Soil And Urban Planning.

Original Language Title: Real Decreto 1346/1976, de 9 de abril, por el que se aprueba el texto refundido de la Ley sobre Régimen del Suelo y Ordenación Urbana.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

In use of the authorization granted by article ten point four of the Law of Legal Regime of the State Administration, of twenty-six of July, of a thousand nine hundred and fifty-seven and of the Final Disposition Second of the The Law of the Soil and Urban Planning, of two of May of one thousand nine hundred and seventy-five, on the proposal of the Minister of Housing, in accordance with the opinion of the Council of State in plenary, and after deliberation of the Council of Ministers in its Meeting of the day nine of April thousand nine hundred and seventy-six, I have:

PRELIMINARY TITLE

Purposes and field of law enforcement

Article first.

Urban planning is the object of this Law throughout the national territory.

Article 2.

Urban activity will refer to the following aspects:

a) Urban planning.

b) Land urban regime.

c) Execution of urbanizations.

d) Promotion and intervention of the exercise of the Sunday faculties regarding the use of soil and building.

Third item.

One. Urban planning concerning planning shall comprise the following powers:

a) Compose a National Planning Plan.

b) Forming Territorial Coordinating Directors, Municipal General Plans, Complementary Standards, and Subsidiaries of Planning.

c) Employ the production and residence centers in the appropriate way for the best distribution of the Spanish population in the national territory.

d) Divide municipal territory in areas of urban, urbanizable and undeveloped land.

e) Establish different zones of use according to the density of the population to be inhabited, a percentage of land that can be occupied by buildings, volume, form, number of plants, class and destination of the buildings, subject to uniform general ordinations for each species of the same throughout the area.

f) Formulate the layout of public roads and media.

g) Establish free spaces for parks and public gardens in proportion to the collective needs, in the terms set out in this Law.

h) Point out the location and characteristics of public and social interest centres and services, teaching centres, airports and similar sites.

i) Determine the configuration and dimensions of buildable plots.

j) Limit the use of soil and buildings.

k) Orientate the architectural composition of the buildings and regulate, in cases where necessary, their aesthetic characteristics.

Two. Urban competition in order to the soil regime shall comprise the following functions:

a) Seek that the soil is used in congruence with the public utility and the social function of the property.

b) Prevent the unequal attribution of the benefits and burdens of planning among the affected owners and impose the fair distribution of the same.

c) To regulate the land market as a guarantee of the natural subordination of the land to the purposes of building and housing.

d) Affect the increase in land value caused by planning for the payment of urbanization costs.

e) Ensure the rational use of soil in terms of maintaining adequate density for the well-being of the population.

f) Acquire land and buildings to constitute land assets.

Three. Urban competition as regards the implementation of urbanisation confers the following powers:

a) Encauzing, directing, performing, granting, and supervising the execution of urbanization works.

b) Expropriate the land and buildings necessary to carry out the works and how many convince the economy of the projected urbanization.

Four. Urban competition in order to promote and intervene in the exercise of the power of the Sunday faculties regarding the use of the soil and building will comprise the following faculties:

a) Ceder buildable land and surface rights on them.

b) Intervening the parcelation.

c) Require owners to edit certain deadlines.

d) Impose the alienation when they are not built in the time or form provided.

e) Prohibit uses that do not fit the Plans.

f) Intervening in the construction and use of farms.

g) Promote the possibility for owners to be provided with the means to comply with the obligations imposed by this Law.

Five. The above powers shall be of an enunciative and non-limiting nature, and urban competition shall comprise any other jurisdiction in accordance with this Law to be exercised in accordance with this Law.

Article 4.

One. Urban management may be entrusted to public bodies, private initiative and mixed entities.

Two. Public administration will, as far as possible, raise the private initiative and replace it, when it will not meet the necessary objectives, with the compensation that this law establishes. In the formulation, processing and management of urban planning, the competent bodies shall ensure the greatest participation of the stakeholders and in particular the rights of initiative and information by the Corporations, Associations and individuals.

Article 5.

One. Without prejudice to the competence which this Law attributes to the Council of Ministers, the urban activity will be developed under the direction of the Ministry of Housing.

Two. The Central Planning Commission, the Directorate General of Urbanism, the Provincial Planning Commissions and the other Organizations and Entities that make up the State Urban Administration will operate in that ministerial department.

Three. The Special Bodies shall coordinate their respective powers with those corresponding to the different Ministries.

Four. The urban bodies shall encourage the action of the Local Corporations, cooperate in the exercise of the competence conferred on them by the Local Regime Law and shall subsuge them when they do not exercise it properly, or their mission exceeds their possibilities.

TITLE I

Territory planning planning for the territory

CHAPTER FIRST

Sort Plans Classes

Article 6.

One. The urban planning of the national territory will be developed through a National Plan of Management and Planning Territorial Directors of Coordination, Municipal General Plans and Complementary Standards and Subsidiaries of the planning.

Two. The Territorial Coordination Steering Plans may have a supra-provincial, provincial or regional level.

Three. The Municipal General Plans will be developed, as the case may be, in Parcial Plans. Special Plans, Urban Performance Programs and Detail Studies.

Item seventh.

The National Planning Plan will determine the major guidelines for spatial planning, in coordination with economic and social planning for the greater well-being of the population.

Article 8.

One. The Territorial Coordination Management Plans shall establish, in accordance with the principles of the National Planning and Economic and Social Planning and the requirements of regional development, the guidelines for the management of the territory, the physical framework in which the provisions of the Plan and the territorial model in which the Plans and Rules to be coordinated are to be developed.

Two. The Plans shall contain the following determinations:

(a) The scheme for the geographical distribution of the uses and activities to which the soil concerned should be allocated priority.

(b) The pointing out of areas where limitations are to be established for national defence requirements, taking into account specific legislation in the field, or for other reasons of public interest.

(c) The protective measures to be taken in order to preserve the soil, other natural resources and the defense, improvement, development or renovation of the natural environment and the historical-artistic heritage.

(d) The identification and location of basic infrastructure related to land, sea and air communications, water supply, sanitation, energy supply and other similar ones.

Three. The Territorial Coordinating Directors ' Plans shall include studies to justify the choice of the territorial model, plans, standards and programmes that require its implementation and the technical and economic bases for development and implementation. of the Plan itself.

Article ninth.

One. The determinations of the Territorial Coordinating Directors ' Plans shall bind the Administration and the individuals. The actions envisaged therein shall be carried out by each of the ministerial departments concerned in the matters of their respective powers in accordance with the requirements laid down in the Decree of their approval.

Two. Local Corporations whose territory is affected, in whole or in part, by a Territorial Coordination Director Plan, without prejudice to the immediate entry into force of this Plan, shall promote within the maximum period of one year the corresponding accommodation to their determinations, through the timely review of their respective Municipal General Planning Plans. In the same sense we will proceed to the accommodation of the Complementary Standards or Subsidiaries of the Planning.

Article ten.

One. The General Municipal Planning Plans, as an instrument of integral management of the territory, will cover one or more complete municipal terms and classify the soil for the establishment of the corresponding legal regime; they will define the fundamental elements of the general structure adopted for the spatial planning of the territory and shall establish the programme for its development and implementation as well as the minimum period of its validity.

Two. Where there are plans for the Territorial Coordination of the Municipal General Plans, the Municipal Plans shall be drawn up taking into account the determinations and guidelines established in those in a coordinated manner with the planning forecasts. economic and social.

Item eleven.

One. The General Municipal Plans have for specific purpose, in the urban land, to complete their ordination by the detailed regulation of the use of the land and the building; to point out the renovation or interior reform that will result from it; define those parts of the overall structure of the plan corresponding to this type of land and propose the concrete action programmes and measures for their implementation.

Two. The General Municipal Plans have for specific purpose, in the land urbanizable, to define the fundamental elements of the general structure of the urban planning of the territory; to establish according to its categories, a generic regulation of the different global uses and levels of intensity and set development programmes in the short and medium term, referring to a set of public and private actions.

They will also regulate the form and conditions with which unscheduled performances can be incorporated into urban development by means of the corresponding Urban Action Programmes for the realization of urban units integrated.

Three. The General Municipal Plans have for specific purpose, in the undeveloped land, to preserve the soil of the process of urban development and to establish, where appropriate, measures of protection of the territory and the landscape.

Article twelve.

One. The General Municipal Management Plans shall contain the following general determinations:

a) Classification of soil with expression of the surfaces assigned to each of the adopted soil types and categories.

b) General and organic structure of the territory integrated by the determinants of urban development and, in particular, the general communication systems and their protection zones, the free spaces intended for public parks and green areas in proportion not less than five square metres per inhabitant and community equipment and for public centres.

c) Programming in two four-year stages of the development of the Plan in order to coordinate public and private actions and investments, and in accordance with the plans and programmes of the various ministerial departments.

d) Measures for the protection of the environment, conservation of the nature and defence of the landscape, natural elements and urban and historical-artistic assemblies, in accordance with the specific legislation of application in each case.

(e) Point of view of the circumstances under which the review of the Plan is appropriate at the time, depending on the total population and its rate of growth, resources, uses and intensity of occupation and other elements which justified the classification of the soil initially adopted.

Two. In addition to general determinations, the general plans shall contain the following:

Dos.One. On urban soil.

(a) Delimitation of its perimeter with the indication, where appropriate, of the scope of the internal reform operations that are deemed necessary.

b) Allocation of detailed uses for the different zones.

c) Delimitation of free spaces and green areas for public parks and gardens and recreational and expansion sports areas.

d) Sites reserved for temples, teaching centers, public or private, healthcare, and other services of public and social interest.

e) The layout and characteristics of the road network and forecast car parks with alignments and scratches for all or part of this soil.

f) Detailed regulation of the detailed use, volume and hygienic-sanitary conditions of the land and buildings, as well as the aesthetic characteristics of the management, the building and its surroundings.

g) Characteristics and layout of the galleries and networks of water supply, sewerage, electrical energy and those other services which, if necessary, provide for the Plan.

h) Economic assessment of the implementation of services and the execution of urbanisation works.

In these determinations, those that retain, modify, and refine the existing order shall be expressed. The provisions of paragraphs (c) and (d) shall be established on the basis of the socio-economic characteristics of the population and, in any event, with specific legislation on the subject.

Dos.dos. On scheduled urbanizable soil:

a) Development of the systems of the general structure of urban planning of the territory, with sufficient precision to allow the drafting of the Parcial Plans.

(b) the fixing of the average utilisation of the total area and, where appropriate, by sectors according to the global intensities and uses indicated on land not intended for roads, parks and public gardens and other services; and envelopes of general interest, homogenised according to their relative values.

c) Tracing of the fundamental networks of water supply, sewerage, electrical energy, telephone service and other services which, if necessary, provide for the Plan.

d) Division of the territory in sectors for development in Parcial Plans.

The content of the General Plan will incorporate into this soil category the determinations of the General Plan contained, if any, in the Parcial Plans that it respects.

Dos.three. On unscheduled urbanizable soil:

a) Pointing of incompatible uses with those foreseen in the different soil classes and with the general structure.

(b) Establishment of the technical characteristics and minimum quantities to be carried out in this category of soil, in accordance with the various uses, and the allocations, services and equipment to which they are correspond.

Dos.four. In the undeveloped soil, the General Plan shall establish the measures and conditions that are necessary for the conservation and protection of each and every natural element, whether soil, flora, fauna or landscape, in order to avoid degradation; and of buildings and sites which, due to their special characteristics, advise them, with the scope of application that is necessary in each case.

Three. The determinations referred to in this Article shall be carried out in the following documents, the content and rules of which shall be determined in accordance with:

a) Memory and complementary studies.

b) Planes of information and spatial planning of the territory.

c) Urban rules.

d) Action program.

e) Economic and financial study.

Article thirteen.

One. The Partial Planning of Ordination has for object on the ground classified as scheduled, to develop, through the detailed planning of a part of its territorial scope, the General Plan and, if necessary, the Complementary Planning subsidiaries; and on the ground classified as unscheduled, the development of the Urban Action Programs.

No Plans may be drawn up without prior General Plan or Complementary and Subsidiary Rules of Planning; and, in no case, will be able to modify the determinations of one and the other.

Two. Without prejudice to the provisions of Article 70 and five, the Contingency Plans shall contain such determinations:

a) Allocation of detailed uses and delimitation of the zones in which the planned territory is divided by reason of those and, where appropriate, the division into polygons or units of action.

b) Pointing of land reserves for public parks and gardens, public and recreational sports areas and expansion, in proportion to the collective needs. The area allocated to these reserves shall be at least 18 square metres per dwelling or per 100 square metres of residential building if the number of dwellings which could be constructed has not been expressly fixed. the reserve may not be less than 10% of the total ordered area, whatever the use of the land and the building, and shall be established independently of the areas covered by the General Plan free spaces or green areas for public urban parks.

(c) Setting up land reserves for public and private cultural centres and teachers in the minimum proportion of ten square metres per dwelling or per one hundred square metres of residential building if there is no specifically determined the number of dwellings that could be built, grouped according to the modules needed to form complete school units.

d) Sites reserved for temples, health care facilities and other public and social services.

(e) The layout and characteristics of the sector's own communications network and its link to the general communications system provided for in the General Planning Plan, with the indication of alignments, scrapings and areas of protection of the entire road network, and provision of car parks in the minimum proportion of one square per hundred square metres of construction.

f) Characteristics and layout of the galleries and networks of water supply, sewerage, electrical energy and those other services which, if necessary, provide for the Plan.

g) Economic assessment of the implementation of services and the implementation of urbanisation works.

h) Plan of stages for the execution of the works of urbanization and in their case of the building.

Three. The Partial Plans shall comprise the information plans, including the cadastral, and the supporting studies of their determinations, as well as the project plans, determination of the services and regulatory ordinances necessary for their execution, and, where appropriate, those to be regulated.

The levels corresponding to the soil reserves laid down in paragraph (d); the relations between these and those corresponding to paragraphs (b) and (c) and the graduation of the two, in the different population units, shall be fixed regulentarily.

Article fourteen.

One. Detail Studies may be formulated where necessary to complete or, where appropriate, adapt determinations set out in the General Plans for Urban Soil and in the Parent Plans.

Two. Its content shall be intended to provide for or readjust, as the case may be:

a) The pointing of lineups and scrapes; and/or

b) The sorting of the volumes according to the Plan specifications.

Three. The Detail Studies will maintain the fundamental determinations of the Plan, without altering the use that corresponds to the fields included in the Study.

In no case may they cause injury or alter the conditions of the ordination of the adjacent premises.

Four. Detail Studies may also be formulated when required to complete the signposting of lineups and scrapings, with respect to the Complementary and Subsidiary Standards of Planning.

Five. The Detail Studies shall include the supporting documents of the ends referred to in number two.

Article fifteen.

One. The Urbanization Projects are projects of works that aim to implement the Municipal General Plans in the urban land, the Parcial Plans and, where appropriate, the Complementary and Subsidiary Standards of the Planning. They may not contain determinations on land and building management and arrangements, and shall detail and schedule works which they understand with the necessary precision to enable them to be executed by a technician other than the author of the project.

Two. The Planning Projects may not modify the forecasts of the Plan they develop, without prejudice to the possibility of making the adjustments required by the material execution of the works.

Three. The Urbanization Projects will include a description of the characteristics of the works, the level of the situation in relation to the urban and project plans and details, measurements, price tables, budget and specifications conditions of the works and services.

Article sixteen.

One. The planning and urbanization of land classified as unscheduled land for development will be carried out in accordance with the respective Municipal General Plan through the Urban Action Programme for the implementation of urban planning units. integrated.

Two. The Urban Performance Programs will contain the following determinations:

a) Development of the systems of the general structure of the spatial planning of the territory.

b) Pointing of uses and levels of intensity, with expression of the average utilization in all its scope.

c) Tracing of the fundamental networks of water supply, sewerage, telephones, electrical energy, communications and other services to be provided.

d) Division of territory for stages development.

These determinations will be completed for each stage with the corresponding Parcial Plans and the Urbanization Projects. Private promotions will also include building programs.

Three. The Urban Action Programmes shall comprise the studies and plans of information supporting their determinations, including the analysis of their relationship with the forecasts of the Municipal General Plan and the documents and plans of management and project required for execution.

Article seventeen.

One. In the development of the forecasts contained in the Municipal General Plans, in the Planning Territorial Directors of Coordination or in the Complementary and Subsidiary Standards of the Planning they must be written, if necessary, Plans Special arrangements for the planning of artistic enclosures and ensembles, protection of the landscape and of the roads, conservation of the rural environment in certain places, internal reform, sanitation of populations and other purposes similar, without in any case being able to replace the Municipal General Plans as instruments for the integral management of the territory.

Two. Special plans may also be drawn up for the direct execution of works corresponding to the infrastructure of the territory or to the determining factors of urban development referred to in Article 8 (d), number two, and in the Article 12 (1) (b) of Article

.

Three. The Special Plans shall contain the determinations necessary for the development of the Territorial Coordinating Director Plan or the corresponding Management Plan; and, failing that, the nature and purpose of the Plan. justified and developed in the relevant studies, plans and standards.

Article eighteen.

One. The conservation and valuation of the historical and artistic heritage of the Nation and natural beauties, as a matter of special planning, will cover, among others, these aspects:

a) Natural and urban elements whose ensemble contributes to characterizing the landscape.

b) Pashes, streets and buildings of interest.

c) Gardens of a historical, artistic or botanical nature.

d) Realce of significant constructs.

e) Composition and detail of buildings located on sites to be subject to special protective measures.

f) Use and destination of old and modern buildings.

Two. Special rules for the conservation, restoration and improvement of natural and urban buildings and elements may be laid down for the purposes of this report, subject to the national nature of the Directorate-General for the Artistic and Cultural Heritage.

Article nineteen.

The protection of the landscape, in order to preserve certain places or perspectives of the national territory as soon as it constitutes object of special planning, will refer, among others, to these aspects:

a) Natural Bellezas in their panoramic complex or in perspectives that will agree to the promotion of tourism.

b) Rustic pregod of picturesque situation, amenity, topographical uniqueness or historical memory.

c) Isolated buildings that are distinguished by their architectural location or beauty and parks and gardens highlighted by the beauty, artistic disposition, historical transcendence or importance of the botanical species that in them exist.

d) Built perimeters that form a set of traditional or aesthetic values.

Article twenty.

Protection in the urban order of the communication routes, as soon as it relates to the restriction of the destination and the use of the marginal lands, will allow:

a) Split the land into areas of use, construction, vegetation and panoramic areas.

b) To prohibit or limit, in accordance with current legislation, direct access to farms from the road.

c) Point out minimum distances for the mouth of other paths.

d) Dispose the retranking of the buildings as a forecast of future extensions and the establishment of service heaters.

e) Order parking lots and places of supply and rest

f) Maintain and improve the aesthetics of adjacent tracks and areas.

Item twenty-one.

Special urban planning may affect, for the purpose of protection, orchards, crops and forest spaces, by appropriate restrictions of use to prevent their disappearance or alteration.

Article 22.

The improvement of the urban or rural environment and the suburbs of the cities may be the subject of Special Plans for these purposes:

a) Modify the exterior appearance of the buildings, their architectural character and their conservation status.

b) Alter certain plant elements, gardens or trees.

e) Banning harmful constructs and uses.

d) Submit to urban standards the coupling of the buildings.

Article twenty-three.

One. The purpose of the Special Plans for Internal Reform is to carry out operations in urban areas, by the competent local authorities, of operations aimed at decongestion, creation of urban facilities and community facilities. sanitation in unsanitary quarters, resolution of problems of movement or aesthetics and improvement of the environment or of public services or other similar purposes.

Two. The Special Plans for Internal Reform shall contain the determinations and documents appropriate to the objectives pursued by them, and at least those provided for in Article 13, save that any of them is unnecessary for not being related with the reform.

Three. In the case of internal reform operations not provided for in the General Plan, the Special Plan shall not modify the fundamental structure of the Plan, which shall be accompanied by a study justifying its need or appropriateness, its coherence with the General Plan and the impact on it.

Article 24.

One. It will be conceptualized as plans and sanitation projects that refer to works in the soil and subsoil to improve the conditions of sanitation, hygiene and safety.

Two. These plans and projects will include the works of water supply, purification and utilization of the waste, sewage installation, drainage, fountains, water utilities, sinks, waste collection and treatment.

Three. Urban sanitation plans and projects will also be considered as those for the supply of buildings and public service establishments belonging to the State. Municipality and Province, whether they have their own installation or are surfed from other pipelines.

Article 25.

The protection that the Special Plans refer to, when it comes to preserving or improving monuments, gardens, natural parks or landscapes, will require the inclusion of the same in catalogues approved by the Minister of the Housing or the Provincial Planning Commission, either on its own initiative or on a proposal from other bodies or individuals.

CHAPTER SECOND

Training and Approval of Plans

Section first. Preparatory acts

Article twenty-six.

Public bodies, public service dealers and private individuals will lend their support to the drafting of Planning Plans and, to this end, will facilitate the Local Corporations, Provincial Commissions and Directorate General of Urbanism the necessary documents and information.

Article twenty-seven.

One. The competent bodies for the initial and provisional approval of the General Municipal, Regional, Special or Detail Studies Plans may, for the maximum period of one year, agree to suspend the granting of licences for the land and construction in sectors within a given area in order to study the Plan or its reform. This agreement will have to be published in the official Bulletins of the province or provinces concerned and in one of the major newspapers the dissemination of each of them.

Two. The time limit shall be extended to no more than one year if the period of public information provided for in Article 40 and one has been completed within that year. No new suspensions may be agreed in the same zone for the same purpose until five years after the end of the suspension.

The term extension agreement will be published in the form provided for in the previous section.

Three. The initial approval of a Plan or Programme or of its reform shall in itself determine the suspension of the granting of licences for those areas of the territory covered by the planning whose new determinations entail modification of the scheme. urban planning. The effects of this suspension shall be extinguished with the final approval and, in any case, for the period of two years from the initial approval.

With the publication of the agreement for which public information is submitted, the Plan approved initially will necessarily express the areas of the territory under planning affected by the suspension of the grant of licenses.

Four. The petitioners of licences requested prior to the publication of the suspension shall be entitled to be compensated for the official cost of the projects and for the return, where appropriate, of the municipal fees.

Article twenty-eight.

One. Interested Entities and Agencies may make progress on Plan and partial preliminary projects to guide the drafting of the Plans on accepted bases in principle.

Two. Advances and projects may be submitted to the City Council, the Provincial Planning Commission or the Ministry of Housing without public information.

Three. The approval will only have internal administrative effects in preparation for the drafting of the final Plans and projects.

Section 2. Competencies

Article twenty-nine.

The National Planning Plan will be drawn up by the public and private bodies and local entities to be determined by Decree, on a proposal from the Presidency of the Government and initiative of the Ministry of Housing. In any event, the participation of the Trade Union Organization shall be required in its wording.

Article thirty.

One. The Territorial Coordinating Directors ' Plans shall be formulated by the Agencies or Entities which, on the proposal of the Minister of Housing and prior report of the Central Planning Commission, shall determine the Council of Ministers, which shall indicate, in addition, the bodies or entities to be involved in their preparation, their territorial scope and the time limit in which they are to be drawn up. The proposal of the Ministry of Housing shall be carried out on its own initiative or by another ministerial department or at the request of a Local Entity or a competent Special Urbanistic Entity.

Two. The Provincial Councils and the Island Councils may draw up, on their own initiative or at the request of the respective Councils, Territorial Coordination Directors when the territorial scope of the same affects the whole or part of the respective provincial or island territory.

Three. In any case, the Ministry of Housing and the competent authority or body in the planning of the development, the Corporations and Local Entities shall be involved in the preparation of the Territorial Coordination Plans. o Competent special urbanistic entities affected upon request and the Trade Union Organization.

Article thirty-one.

One. The Municipal Plans will be formulated by the Councils. However, they may entrust their formulation to the Provincial Planning Commission or to the Diputación.

Two. In any case, the wording may be entrusted to the technicians of the Corporation or the Commission or to whom they shall be appointed, either freely or by contest, between competent authorities with a Spanish official title.

Article thirty-two.

One. If the urban needs of a municipality advise the extension of its zone of influence to another or others, in defect of agreement between the Corporations affected, the Minister of Housing, when it will be the municipalities belonging to different provinces and the Provincial Planning Commission, if they belong to the same one, at the request of the municipality or of their trade they will be able to arrange the formation of a Plan of Assembly.

Two. The same measure shall apply when it is agreed to order an urban area.

Three. In both cases, the Minister or the Commission shall determine the territorial extent of the Plans, the City Council or Body to be drawn up and the extent to which the municipalities concerned should contribute to the expenditure.

Four. The Councils included in the Plan shall assume the obligations arising from it.

Article thirty-three.

One. If the Municipal Plans are not to be formed within the time limits laid down in Articles 30 and six and thirty-seven, the Minister for Housing may have to be drawn up by the Directorate-General for Urban Planning, by the Commission. Provincial of Urbanism or Provincial Diputación. The Provincial Planning Commission may also agree to be drawn up by the Commission itself or by the Provincial Council.

Two. The costs of writing the Municipal Plans shall be borne by the respective Local Entities, except for special and justified circumstances in the case instructed to the effect.

Article thirty-four.

One. The Special Plans may be formed by the Local Entities, Special Urbanistic Entities and Organ competent in the urban planning according to this Law.

The formation of the Special Plans referred to in Article 17 (2) may be carried out by those who are responsible for the direct execution of the works corresponding to the infrastructure of the territory or to the determinants of urban development.

Two. The Urban Performance Programs shall be formed by the Local Entities and, where appropriate, by the competent urbanistics or the corresponding adjudicators, in accordance with the provisions of Chapter VI of Title III of this Law.

Article thirty-five.

One. The competition to definitively approve Plans and Projects will be:

a) To the Courts, the National Plan of Ordination.

b) To the Council of Ministers, the Territorial Coordinating Directors ' Plans.

c) To the Minister of Housing, the Plans, Urban Action Programs and Complementary Standards and Subsidiaries of the Planning that refer to provincial capitals or populations of more than fifty thousand inhabitants and, in all case, those affecting several municipalities.

d) To the Provincial Planning Commissions, the Plans, Urban Action Programs and Complementary Standards and Subsidiaries of the Planning, in the remaining cases and always that of the Urbanization Projects.

e) To the competent Municipal Corporations the Studies of Detail, giving an account to the Provincial Commission of Urbanism.

Two. When the Special Plans initiative is due to Local Entities or Special Urbanistics, their definitive approval will be:

a) If they develop a General Plan of Management, to the Organ competent to approve the Parcial Plans.

b) In other cases the Minister of Housing.

Section 3. Deadlines

Article thirty-six.

One. The General Municipal Planning Plans of provincial capitals or populations of more than fifty thousand inhabitants shall be formulated within the time limit specified by the Minister of Housing.

Two. The General Planning Plans of the other municipalities shall be drawn up within the time limits set by the Minister for Housing or the Provincial Planning Committees.

Article thirty-seven.

The partial plans shall be formed within the time limits provided for in the General Plan, in the Urban Action Programme, where appropriate, or within the time limits to be determined by the Minister of Housing or the Provincial Planning Commission.

Article thirty-eight.

The Urbanisation Projects shall be drawn up in advance so that the works referred to may be carried out in accordance with the deadlines set out in the relevant action programme.

Section 4. Procedure

Article thirty-nine.

One. The Minister of Housing shall submit the Territorial Directors of Coordination to the processing of public information and report of the Local Corporations to whose territory it will affect, provided for in article forty and one of this Law, as well as the report of the ministerial departments which have not been involved in their preparation and which they may be interested in because of their competence. The latter shall be deemed to be favourable if they are not issued within two months.

Two. The approval of the Territorial Directors ' Plans of Coordination corresponds to the Council of Ministers on the proposal of the Minister of Housing, prior to the report of the Central Commission of Urbanism.

Article forty.

One. The General Municipal Planning Plans shall be carried out in accordance with the procedure laid down in Article 40 and one of this Law, with the following specialties:

(a) Initial and provisional approval is the responsibility of the City Council when they refer to a single municipality and the corresponding Provincial Diputación when they are extended to more than one municipal term.

b) The final approval of the provincial capital plans and the population of more than fifty thousand inhabitants is the responsibility of the Minister of Housing, prior to the report of the Central Commission of Urbanism and the Diputación y de la Diputación. Corresponding Provincial Planning Commission, reports that will be deemed favorable if they are not issued within one month.

Two. The Detail Studies shall be processed in accordance with the procedure laid down in Article 40 and one, but with the amendment in respect of the provisions of their numbers two and three of the competent Municipal Corporation, in view of the result of the public information, will definitely approve it with the modifications that will proceed and will give the same to the Provincial Commission of Urbanism.

Article forty-one.

One. Initially approved the Partial Plan, Program of Urban Action or Urbanization Project by the Corporation or Agency that would have drafted it, it will submit it to public information for a month, and after the deadline, if it will be Plans, Programs or Projects not drafted by the respective City Council. another period of equal duration shall be opened to give an audience to the Local Corporations whose territory they affect.

Two. The Corporation or the Agency that initially approved the Plan, Program or Project in view of the outcome of the public information will approve it provisionally with the modifications that will proceed and submit it to the Authority or the Authority competent to grant final approval, in order to examine it in all its aspects and decide within six months from the entry of the file into the Register which has elapsed without communicating the resolution shall be deemed to have been approved by administrative silence.

Three. If the Authority or the Authority to whom the final approval corresponds does not give it, it shall indicate the deficiencies of technical order and subsequent amendments to be made to the Authority or the Body to which they are subject to the approval of the Corporation or the Agency. (a) the provisional approval shall be renewed for final approval unless it has been relieved to do so because of the minor importance of the corrections.

Article forty-two.

The rules and ordinances on land use and building, and the catalogues referred to in Article 25, shall be formed in accordance with the procedure laid down in the preceding Article for the Plans and Projects.

Article forty-three.

One. The Special Plans shall be processed in accordance with the procedure laid down in Article forty and one of this Law.

Two. When they are made on the initiative of Local Entities or Special Urbanistics, before their final approval they shall be submitted to the report of the Ministry of State and other Bodies that will be affected.

Three. When dealing with Special Plans as defined in Chapter I of this Title, the purpose of which is to improve the urban conditions and especially the aesthetics of the villages of a region or tourist route and which do not correspond to the planning modification of alignments or supusueren destruction of buildings, the processing will be reduced to the prior approval by the Minister of Housing or the Provincial Commission of Urbanism, public information for fifteen days in the capital of the province, communication to the affected councils and final approval of the Organs.

Article forty-four.

The agreements of the Council of Ministers, Minister of Housing or Provincial Planning Commission, approval of Plans, Action Programmes, Complementary and Subsidiary Standards, Studies, projects or standards, ordinances or catalogues, will be published in the "Official State Gazette" or in the respective province.

Section 5. Validity and review of plans

Article forty-five.

Planning Plans and Urbanization Projects will have an indefinite effect.

Article forty-six.

The update of the National Plan of Management and its agreement with the successive Economic and Social Development Plans can be carried out by the Government in the form that the respective laws that approve them have.

Article forty-seven.

One. The General Municipal Planning Plans shall be reviewed within the time limit specified therein and, in any event, when the circumstances set out in the heading (e) of Article 12 (1) are presented.

Two. Without prejudice to Article 9, number two, where the circumstances so require, the Minister for Housing, after a report from the Central Planning Commission, may order the revision of the General Planning Plans, prior to the hearing of the Local Entities concerned, or to be agreed upon at the request of the same or the Special Urban Entities or the Ministerial Departments concerned.

Article forty-eight.

One. The Councils shall review the action programme contained in the General Plan every four years.

Two. If, as a result of this revision, the soil classified as scheduled is modified, the review of the program will be completed with the determinations and documents required for the above ground and will be subject to the provisions set forth in the above mentioned provisions. for the formation of the Plans, in accordance with the provisions of the following Article.

Article forty-nine.

One. Amendments to any of the elements of the Plans, projects, programmes, rules and ordinances shall be subject to the same provisions as set out for their training.

Two. However, when the modification tends to increase the buildable volume of an area, it will be necessary to approve the forecast of the largest free spaces requiring the increase of the population density and the favorable vote of two thirds from the members of the Corporation and the Commission who have agreed to the initial, provisional and final approval.

Three. The same quorum shall be specified where the amendment shall result in opposition of 25% of the owners of the sector concerned or of the farms located in front of it.

Article fifty.

If the modification of the Plans, Complementary Standards and Subsidiaries and Performance Programs has for object a different zoning or urban use of the green zones or free spaces provided for in the Plan, it must be approved by the Council of Ministers, prior to the favorable reports of the State Council and the Minister of Housing, and agreements of the Local Corporation concerned adopted with the quorum of the article three hundred three of the Law of Local Regime.

Article fifty-one.

One. The Council of Ministers by Decree, acting on a proposal from the Minister of Housing, or, where appropriate, on a proposal from the Minister of Housing and the holder or holders of other departments concerned, and after the Central Planning Commission and the hearing of the Interested Local Authorities may suspend the validity of the Plans referred to in this Law, in the form of deadlines and effects referred to in Article twenty-seven, in whole or in part of its scope, to agree its review. As long as the revised Plan is not approved, Complementary and Subsidiary Rules of the Planning will be issued within the maximum period of six months from the suspension agreement.

Two. The National Planning Plan may only be suspended in the form in which it is available in its own law or in the approval of the Development Plans.

Section sixth. Particular initiative and collaboration

Article fifty-two.

One. Private individuals will be able to form Municipal Plans, Special Plans and Urbanization Projects.

Two. If they have obtained the prior authorization of the City Council, they will be provided by the public bodies as many information elements necessary to carry out the drafting and will be able to carry out in particular farms the necessary occupations for the drafting of the Plan under the Compulsory Expropriation Act.

Article fifty-three.

One. Plans and projects drawn up by individuals shall contain the documents which for each class indicate the first chapter.

Two. When referring to particular initiative developments, the following data shall also be reported:

a) Supporting memory of the need or convenience of urbanization.

b) Name, last name and address of the affected owners.

c) Mode of execution of the works of urbanization and foresight on the future conservation of the works.

d) Commitments to be contracted between the urbanizer and the City Council, and between that and the future owners of solar.

e) Guarantees of the exact fulfillment of those commitments; and

f) Economic means of all kinds.

Article fifty-four.

One. Plans and projects will be raised to the City Council and will be dealt with in accordance with the provisions of Section 4, with personal summons for public information of the owners of the land included in those plans.

Two. If they affect several municipalities, they shall be submitted to Provincial Diputación and follow the procedure referred to in the preceding number.

Three. The act of approval may impose the conditions and time limits which are appropriate.

THIRD CHAPTER

Effects of Plan Approval

Section first. Advertising, enforceability and enforcement

Article fifty-five.

One. The Plans, Complementary and Subsidiary Standards, Urban Performance Programs, Detail Studies and Projects, with their rules, ordinances and catalogues, will be public, and any person will be able to consult them and inform them in the Town Hall of the term to which they refer.

Two. Any administrator shall have the right to inform the City Council in writing, within one month of the application, of the urban arrangements applicable to a farm or sector.

Three. Advertising relating to particular initiative developments shall express the date of approval of the relevant plan and shall not contain any indication in dispute with its clauses.

Article fifty-six.

Plans, Complementary and Subsidiary Standards, Urban Performance Programs, Detail Studies, Projects, Standards, ordinances and Catalogs will be immediately executive, once final approval has been published, and if be granted subject to the remedy of deficiencies, while not being carried out, shall not be enforceable in respect of the sector to which they relate.

Article fifty-seven.

One. Individuals, like the Administration, will be obliged to comply with the provisions on urban planning contained in this Law and in the Plans, Urban Action Programmes, Detail Studies, Projects, Standards and ordinances approved according to the same.

Two. The approval of the Plans shall not limit the powers corresponding to the various ministerial departments for the financial year, in accordance with the provisions of the Plan, of their powers, in accordance with the law applicable by reason of the material.

Sectoral Plans which are at odds with a Territorial Coordinating Director Plan should be adapted to the guidelines contained in the latter within the time limit set out in Article 9, number two.

Three. The reserves of supply which are contained in the plans or ordinances, as well as those which are granted regardless, shall be null and void.

Article fifty-eight.

One. The enforcement of the Plans will entail the following limitations:

First. The use of the premises may not depart from the intended destination, nor shall it be possible to carry out in them field holdings, the fixing of propaganda posters, movements of land, short of trees or any other similar use in dispute with their urban qualification, its special legislation or in a different way from the one regulated in the Plan.

Second. The new builds will conform to the approved sort.

Third. When the discovery of uses not foreseen in the approval of the Plans is of such importance that it will alter substantially the fate of the soil, the review of those, of trade or instance, will proceed to adjust to the new situation.

Two. However, if they have not made it more difficult to implement the Plans, they may be authorized on the grounds, subject to a favourable report from the Provincial Planning Commission, on grounds or on grounds of provisional nature, to be demolished when It will be agreed by the City Council, without the right to compensation, and the authorization accepted by the owner must be registered, under the conditions indicated, in the Registry of the Property.

Three. The lease and the area right of the land referred to in the preceding paragraph, or of the provisional constructions which are raised in them, shall be excluded from the special scheme of rustic and urban leases and, in any event, automatically complete with the order of the City Council by agreeing on the demolition or eviction to execute the urbanization projects.

Article fifty-nine.

The classification of the soil, and the limitations of all kinds in the use and use resulting from the plans, programs, norms, ordinances and catalogues, for the protection of the urban and rural landscape will be account for the assessment of such soil for the purposes of all types of taxation.

Article sixty.

One. Buildings and installations erected prior to the approval of the General or Partial Plan which are disagreeable to the plan shall be classified as out of order.

Two. No consolidation, volume increase, modernization or increase in the value of expropriation may be carried out on them, but small repairs that require the hygiene, ornato and preservation of the property.

Three. However, in exceptional cases, partial and circumstantial works of consolidation may be authorized where the expropriation or demolition of the farm is not foreseen within 15 years, to be counted on the date on which it is intended. perform them.

Four. Where the plan does not prevent the construction of the building in the same site as the building, the owner may demolish it by submitting to the Management Plan, and the case within the number two of Article 70 shall be understood eight, Section III of Chapter VIII of the Urban Leases Act, or rules that replace it, without requiring the commitment to build a third of the houses when the aforementioned Plan is prohibited.

Article sixty-one.

One. When an approved plan is approved, the buildings and their installations will be subject to the limitations of the previous article, with the tolerances that are generally provided for in the urban regulations. or in the building ordinances.

Two. The limitations shall be communicated to the provincial delegation of industry for the ensuing effects.

Article sixty-two.

One. Such qualifications shall be expressly stated in the relevant title of disposal by the person who is not liable to be built under the Plan, or out of order buildings and industries.

Two. The date of the act of approval of the particular initiative and the terms of the provision of the parcels and commitments to the acquirers shall be recorded in the case of land of special initiative housing.

Three. In the case of the disposal of land in the process of urbanisation, the commitments which the owner has undertaken in order to be carried out shall be entered and the compliance of which is pending.

Four. Infringement of any of these provisions shall entitle the acquirer to terminate the contract within one year of the date of its award, and shall require compensation for any damages incurred.

Article sixty-three.

One. The municipalities may create in the corresponding ordinance a document proving the urban circumstances that are present on the farms included in the municipal term.

Two. This document will be referred to as "land or building town planning", depending on the nature of the farm to which it relates, and the Councils may demand it for the land, building and any use of the premises.

Three. It will be mandatory to create such a CDula for estates in polygons where any of the action systems outlined in this Law apply.

Section 2. Legitimization of expropriations

Article sixty-four.

One. The approval of plans of urban planning and of the polygons of expropriation will involve a declaration of public utility of the works and the necessity of occupation of the grounds and buildings corresponding to the purposes of expropriation or imposition of easements.

Two. The benefits of expropriation may be extended to natural or legal persons subrogated to the faculties of the State or Local Corporations for the execution of certain Plans or works.

Three. The procedure for determining the value of the land will be the one indicated in the Law of Compulsory Expropriation, except for the provisions of the article one hundred and thirty-eight of this Law. The assessment criteria shall in any event be those set out in this Law.

Article sixty-five.

One. In the plans or projects, they shall be estimated, for the purposes of the expropriation, in addition to the areas which have been materially occupied by the planned works, all of which are necessary to ensure the full value and performance of the projects. of those.

Two. The areas of influence and even the entire sectors identified in the Plan shall be considered to be expropriable.

Three. Land and buildings destined for the establishment of public services or for the construction of temples, markets, cultural centers, teachers, health care and health care, sports zones and other analogues for non- lucrative.

Four. If, for the regularization or formation of apples or free spaces, it is necessary to remove any patio, street or square or portion thereof, the farms with facade or direct lights on those, at the request of the owners, shall be expropriated.

Article sixty-six.

In the event that property owners do not perform the adaptation works required by plans, standards or projects of a historical or artistic nature, the building may be expropriated in whole or in part or only facade.

Article sixty-seven.

The land of any kind that is expropriated for urban reasons must be destined for the specific purpose that was established in the corresponding Plan.

If it is intended to modify its affectation or to exhaust its validity of the Plan without having fulfilled the fate to which they were affected, the reversion of the land will proceed according to the provisions of the Law of Forced Expropriation.

Article sixty-eight.

One. Where the expropriation of the domain is not necessary for the execution of a Plan and the constitution of a serfdom on the same shall be sufficient, provided for by private or administrative law, it may be imposed, if no agreement is reached with the owner, in accordance with the procedure of the Compulsory Expropriation Act, by means of the following requirements:

a) Authorization of the Provincial Planning Commission.

(b) Not to exceed the compensation which shall be paid out of half the amount of which it would be necessary to satisfy for the absolute expropriation.

Two. Where private easements have been modified or removed because they are in contradiction with the provisions of the Plan, they may be expropriated in accordance with the procedure laid down in that Law.

Three. The administrative acts of constitution, modification or forcible extinction of servitude shall be entered in the Register of Property, in the form provided for the minutes of expropriation.

Article sixty-nine.

One. Five years after the entry into force of the Urban Action Plan or Programme without the expropriation of the land being taken into effect, which, according to its urban status, is not buildable by its owners, the right to distribute the profits and charges on the polygon or the unit of action, the holder of the goods or his successors in title shall not be required to give notice to the competent authority of his or her the purpose of initiating the case file, which may be carried out by the Ministry of Law, if another two years elapse from the time of the warning.

To this effect, the owner may present the corresponding sheet of appreciation, and if three months elapse without the Administration accepting it, he may be able to address the Provincial Jury of Expropriation, which will fix the Justiprice. in accordance with the criteria of this Law and in accordance with the procedure laid down in articles thirty-one and following of the Law on Compulsory Expropriation.

Two. For the purposes of the foregoing paragraph, the valuation shall be understood as referring to the timing of the initiation of the case file by the Ministry of Law and the interest on late payment shall be payable from the filing by the owner of the corresponding assessment.

CHAPTER FOURTH

Planning Complementary and Subsidiary Rules

Article seventy.

One. The Ministry of Housing may issue Complementary and Subsidiary Standards for Planning.

Two. The Local Entities, the Provincial Planning Commissions and other Bodies competent to formulate Municipal General Plans may write or propose Rules of the same character for all or part of the territory on which they exercise their competence, where the particular characteristics of the competition warrant it.

Three. In one case, they shall be dealt with in accordance with the procedure laid down in Article 40 and one, except for reasons of urgency appreciated by the Council of Ministers and after a favourable report by the Central Planning Commission, and heard ! as Local Entities affected, the Minister of Housing agrees to enter into force without the need for such processing.

Four. Such rules shall, in any event, be developed within the limits set by this Law for Planning Plans and shall, where appropriate, contain the cases in which they are subject to review or replacement by a Plan.

Article seventy-one.

One. In the municipalities or part of them where there is no Planning Plan, the Rules promulgated in accordance with the previous Article shall be governed.

Two. The Rules themselves will apply to regulate aspects not foreseen in the Planning Plan.

Three. The Supplementary and Subsidiary Rules of Planning will contain the following determinations:

a) Fines and objectives of their enactment.

(b) Delimitation of the urban territories and nuclei that constitute the scope of their application.

c) Relationships and incidents with the planning that complement, if any,

d) Minimum urban planning rules to be established.

e) Minimum revisions for public buildings and services and for purposes of general or community interest.

Four. For urbanisation and building under the Complementary and Subsidiary Standards, they shall, in addition to the determinations referred to in the previous paragraph, provide for the following:

a) Projection, dimensions and characteristics of foreseeable development.

b) Indicative framework for urban infrastructure and services.

(c) The pointing out of areas where it can be urbanised according to the requirements of the Rules themselves.

The development of these determinations will be carried out through the corresponding Parcial Plans.

Five. The Rules shall be composed of the documents necessary to justify the determinations and extremes they understand and the function for which they are issued and must be drawn up with the appropriate degree of precision to the class of Plan to which their plan complements and in accordance with the relevant provisions of this Law.

Article seventy-two.

Construction will not be possible in locations near the roads, but according to what, in addition to what is available in this Law, establishes the legislation specifically applicable.

Article seventy-three.

Constructions will have to adapt, in the basic, to the environment in which they are located, and to this effect:

(a) Buildings in immediate places or forming part of a group of buildings of an artistic, historical, archaeological, typical or traditional character will have to harmonize with the same, or when, without any buildings, there would be some great importance or quality of the characters indicated.

b) In the places of open and natural landscape, be rural or maritime, or in the perspectives that offer the urban sets of historical-artistic, typical or traditional characteristics and in the immediate vicinity of the roads and paths of picturesque path, the situation, mass, height of the buildings, walls and closures or the installation of other elements, limit the visual field to contemplate the natural beauties, break the harmony of the landscape or disfigure the own perspective of the same.

Article seventy-four.

As long as there is no Plan or Urban Standard that authorizes it, it cannot be built with a height greater than three plants measured at each point of the site, without prejudice to any other limitations that may apply.

When it comes to solar-located in nuclei or apples built on more than two-thirds of them, the city councils will be able to authorize heights that reach the average of the buildings already built.

In non-urbanizable soil, the provisions of Article eighty-six shall be provided for.

Article seventy-five.

In the Parcial Plans, a density must be set which may not exceed 70 and five dwellings per hectare, depending on the types of population, detailed uses and other characteristics to be determined regulentarily.

In exceptional cases, the Council of Ministers, after obtaining the opinion of the Central Planning Commission, may authorize densities of up to one hundred dwellings per hectare, when the urban circumstances of the locality so require.

TITLE II

Soil Urban Regime

CHAPTER FIRST

Soil Classification

Article seventy-six.

The powers of the right of property shall be exercised within the limits and with the fulfilment of the duties laid down in this Law, or, by virtue of it, by the Plans of Ordination, according to the classification urban planning of the prediums.

Article seventy-seven.

The territory of the municipalities in which the Municipal General Plan of Management will exist will be classified in all or some of the following types: urban, urbanizable and non-urbanizable soil.

Article seventy-eight.

They will constitute urban soil:

(a) The land to which the plan includes in that class for having access, water supply, water evacuation and electricity supply, or to be included in areas consolidated by the construction of the less than two thirds of its surface, in the manner determined by that area.

(b) Those implementing the Plan shall have the same urbanisation elements as referred to in the preceding paragraph.

Article seventy-nine.

One. Land for which the Municipal General Plan declares fit, in principle, to be urbanized shall constitute the land.

Two. Within the builtable soil, the Plan shall establish all or any of the following categories:

a) Scheduled Soil, constituted by the one to be urbanized according to the program of the Plan itself.

b) Unscheduled Soil, integrated by the one that can be urbanizing by the approval of Urbanistic Take Action Programs.

Article eighty.

Constitute undeveloped soil:

(a) Those that the Plan does not include in any of the types of soil referred to in the above articles.

b) The spaces that the Plan determines to grant them special protection, for the purposes of this Law, because of their exceptional agricultural, forestry or livestock value, of the possibilities of exploitation of their natural resources, its landscape, historical or cultural values or for the protection of fauna, flora or ecological balance.

Article eighty-one.

One. In the municipalities that lack the Municipal General Plan of Management the territory will be classified in urban land and land not urbanizable.

Two. The urban land will be the land for access to the land, water supply, water evacuation and electricity supply, or to be included in areas consolidated by the building at least in the middle of its territory. the area is included in a delimitation project, which, dealt with by the City Council according to Article forty and one, will be approved by the Provincial Planning Commission, prior to the Provincial Council's report,

Three. The other spaces of the municipal term shall not be urbanizable.

Article eighty-two.

For the purposes of this Law, solar consideration shall be given to areas of urban land suitable for construction that meet the following requirements:

First. If they are urbanized according to the minimum standards laid down in each case by the Plan, and if it does not exist or do not exist, it will be specified that in addition to having the services mentioned in the articles seventy-eight or eighty and one point two, the path to which the front plot has paved the driveway and lit sidewalks.

Second. That they have flagged alignments and scrapes if the Sort Plan existed.

Article eighty-three.

One. The urban land, in addition to the specific limitations imposed by the planning, will be subject to that of not being able to be built until the respective parcel deserves the qualification of solar, unless the simultaneous execution of the urbanization and building by means of the guarantees that are regulated.

Two. However, buildings intended for industrial purposes may be authorised in the permitted areas where safety, health and non-pollution are sufficiently met and the owner takes on the obligations laid down in the the first paragraph of the following paragraph by registration in the Land Registry.

Three. The owners of the urban land must:

First. Give free to the respective Councils the land destined for roads, parks, public gardens and basic General Education centres at the service of the polygon or the corresponding unit of action.

Second. Afford urbanization.

Third. To build the solar panels when the Plan so establishes within the deadline specified by the Plan, or, failing that, within the time limits set in the Chapter 1 of Title IV of this Law.

Four. The equitable distribution of the charges arising from the application of this Article shall be made through the repairs carried out, in accordance with the provisions of Articles 90 and seven, two and a hundred and seventeen three points.

Article eighty-four.

One. The scheduled land area will be subject to the limitation of not being able to be urbanized until the corresponding Partial Plan is approved. In the meantime, it shall not be possible to carry out in the works or installations other than those to be carried out by the wording of the Special Plans referred to in Article 17 (2) and the provisional measures provided for in the Article Fifty-eight point two, and no land may be used for uses or uses other than those specified in the General Plan.

Two. For the purposes of urban management, it shall be determined:

(a) The average utilization of the total scheduled land-based land and that of each sector in which it is divided.

b) The use of each farm, referring to its surface the average utilization of the sector in which it is located, without having any relevance to it in its specific qualification in the Plan.

When the average utilization of a sector exceeds that of the total scheduled land, the excess will be compulsory and free of charge, for the purposes of compensation provided for in the number four of this article. The surplus, if any, shall be incorporated into the Municipal Heritage of the Soil.

If the average utilization of a sector is lower than the total of the scheduled land, the burden of urban management will be reduced proportionally, with the rest of the City Council or organ. Current urban planning.

Three. Scheduled urbanizable soil owners should:

(a) compulsory and free Ceder in favour of the City Council or, where appropriate, acting urban organ, land which is permanently allocated to roads, parks and public gardens, public and public sports areas; recreation and expansion, cultural centres and teachers and other necessary public services.

b) Ceder compulsory and free of charge the remaining ten percent of the average utilization of the sector in which the farm is located.

c) Cost urbanization.

(d) Edify the Solar, when the Plan so establishes and within the time limit specified by it or, failing that, within the time limits set forth in Chapter 1 of Title IV of this Law.

The grounds that, under this article, are incorporated into the Municipal Heritage of the Soil will preferably be used for the purposes foreseen in the articles one hundred and sixty-five and one hundred and sixty-six of this Law.

Four. When the actual use of an estate, according to the classification established by the General Plan, does not reach ninety percent of the corresponding use, it shall be compensated, by the award of buildable land in areas of situation and similar conditions. If this defect is less than 15% of the farm, the award may be replaced, at the discretion of the competent authority, by a cash allowance.

Article eighty-five.

One. As long as no Urban Action Programmes are approved, land classified as unscheduled land-based land shall be subject to the following limitations, in addition to those applicable under other laws:

First. The incompatibilities of uses identified in the General Plan shall be respected.

Second. Other constructions may not be carried out which are intended for agricultural holdings which are related to the nature and destination of the farm and are in accordance with the plans or rules of the Ministry of Agriculture, as well as the construction and facilities linked to the execution, entertainment and service of public works. However, in accordance with the procedure laid down in Article 40 and three, three, buildings and installations of public utility or social interest to be placed in the rural environment, as well as isolated buildings, may be authorized. intended for family housing in places where there is no possibility of forming a population core.

Third. The types of constructions shall be suitable for their isolated condition, in accordance with the rules laid down by the Plan, with the characteristics of the urban areas being prohibited.

Fourth. In the case of transfers of property, divisions and segregations of rustic land, no fractionations may be made against the provisions of the agricultural legislation.

Two. An Urban Action Programme shall be approved, subject to the provisions of numbers two, three and four of the previous Article without prejudice to any additional obligations, limitations and burdens identified in the Programme and in the approval.

Article eighty-six.

One. Land which is classified as non-urban land in the General Plan or by application of Article 80 and one shall be subject to the limitations set out in the previous Article.

Two. Spaces which, according to the General Plan, should be subject to special protection for the purposes of this Law, may not be used for uses which involve the transformation of their destination or nature or damage the value of the specific to be protected.

Article eighty-seven.

One. The management of the use of land and buildings set out in the preceding articles shall not confer the right to the owners to require compensation, for the purpose of involving mere limitations and duties which define the normal content of the property as its urban rating. Those affected shall, however, be entitled to the equitable distribution of the benefits and burdens of planning in the terms provided for in this Law.

Two. The modification or revision of the land and buildings management established by the Parcial Plans, by the Special Plans and by the Urban Action Programmes can only give rise to compensation if it occurs before the time-limits for the implementation of the respective Plans or Programmes shall elapse, or if the implementation has not been carried out for reasons attributable to the Administration.

Three. The orders to be linked or limited to a single restriction of land use which cannot be equitably distributed between the parties concerned shall confer the right to compensation.

Article eighty-eight.

The disposal of farms will not change the situation of its owner in order to the limitations and duties instituted by this Law or taxes, pursuant to it by the acts of execution of its precepts and the acquirer will remain subrogated to the place and place of the previous owner in the commitments that he has contracted with the Public Corporations regarding the urbanization and construction.

CHAPTER SECOND

Municipal soil heritage

Article eighty-nine.

One. The City Councils of provincial capitals, those of a population of more than fifty thousand inhabitants, those who voluntarily agree and the others that the Minister of Housing will point out, will constitute their respective municipal heritage of the soil.

Two. This heritage will aim to prevent, to channel and to develop technically and economically the expansion of the populations, and will be attached to the urban management for the immediate preparation and disposal of buildable solar and reserve of land of future use.

Article ninety.

One. The acquisition of land to constitute the Heritage site will be verified in accordance with the program of action of the Municipal General Plan of Urban Planning, if approved.

Two. The acquisition of land to form soil reserves may be carried out by expropriation, after approval by the Provincial Planning Commission of a project consisting of the supporting document and the surface of the surface corresponding.

Three. When they are included in the Plan of their own, they will be affected to the municipal heritage of the soil

Four. The volume of assets will be tempered by the needs of the General Plan and the economic resources of each City Council.

Article ninety-one.

One. The municipalities that have recognized a perimeter of influence for the urban planning will be able to extend their soil heritage to the municipal terms that they understand.

Two. In order to apply the forced expropriation to territory outside the municipal term, authorization from the Ministry of the Interior will be specified, after the Housing Report.

Article ninety-two.

The land of the Heritage sites will be subject to the convenience of building them or to the fulfillment of the General Plan, within the deadlines that, in one case or another, will be pointed out.

Article ninety-three.

The income from urban management through the disposal of heritage sites will be used for the conservation and expansion of the heritage.

THIRD CHAPTER

Parcelations and Repairings

Article ninety-four.

One. The simultaneous or successive division of land into two or more lots shall be considered to be an urban area where the establishment of a population nucleus may result in the form in which it is regulated.

Two. Any parcels that are contrary to the Plan, Program or Urban Standard applicable to it or which infringe the provisions of Article ninety-six of this Law shall be deemed to be illegal for urban purposes.

Article ninety-five.

One. They shall be indivisible:

(a) The parcels determined as minimum in the corresponding Plan or Standard, in order to constitute independent farms.

(b) Parcels whose dimensions are equal to or less than those specified as minimum in the Plan, except where the resulting lots are acquired simultaneously by the owners of adjoining land, in order to group them and form a new estate.

(c) Parcels whose dimensions are less than double the area determined at least in the Plan, unless the excess over that minimum can be segregated for the purpose indicated in the preceding paragraph; and

d) buildable plots in a proportion of volume in relation to their area when the corresponding to the whole area is constituted, or, in the event that it is built in smaller proportion, the portion of excess, with the caveats indicated in the previous section.

Two. The Notaries and Registrars shall record in the description of the estates the quality of "indivisible" from which they will be found in any of the cases expressed.

Three. When a building license is granted on a plot within the meaning of paragraph (d) of paragraph one, it shall be communicated to the Land Registry for constancy in the registration of the estate.

Article ninety-six.

One. No urban planning can be carried out without prior approval of a General Plan when it affects urban land, or without the prior approval of the Partial Plan of the corresponding sector for the urban land. In non-urbanizable land, no urbanisation can be carried out.

Two. Any urban parking is subject to a licence and any repair to the approval of the project concerned.

Three. The Notaries and Registrars of the Property will require to authorize and register, respectively, a deed of division of land, that the grant of the license is credited, that the first ones will have to testify in the document.

Four. In no case shall they be considered as solar or shall be allowed to build in them the lots resulting from a breakdown or repair carried out in violation of the provisions of this article or the one that precedes it.

Article ninety-seven.

One. The group of farms included in the polygon or unit of action for its new division, adjusted to the Plan, shall be deemed to be repaired, with the allocation of the resulting parcels to the persons concerned, in proportion to their respective rights.

Two. The purpose of the repair is to distribute fairly the benefits and burdens of the urban planning, to regularize the configuration of the farms and to place their use in zones suitable for the construction according to the Plan.

Article ninety-eight.

One. The repair file shall be deemed to be initiated when the delimitation of the polygon or acting unit is approved, except in the following cases:

a) That the repair was processed and approved in conjunction with such approval.

(b) That the performance by the expropriation system has been expressly approved or is unnecessary under the approval agreement in the clearing system.

Two. The initiation of the repair file shall take with it, without the need for an express declaration, the suspension of the granting of parcelation and building licenses in the field of the polygon or unit of action until it is firm on track The administrative agreement of the repair.

Requesters of licenses requested prior to the date of initiation of the repair file shall have the right to be resarched in the manner indicated by the number four of the article twenty-seven.

the Local Entity may leave without effect, prior to the compensation for damages that it corresponds to, the licenses granted prior to the date of initiation of the file that are incompatible with the execution of the planning.

Three. The repair project will be formulated:

(a) By two thirds of the owners concerned representing at least eighty per cent of the repairable area within three months of the approval of the delimitation of a polygon or a unit of action.

(b) By the Local or Urban Entity acting, on its own initiative or at the request of any of the owners concerned, when they have not made use of their rights or have not been remedied within the time limit for the defects which would have been appreciated in the project that you will make.

Draft drafts of trade will seek to comply with the criteria expressly stated by the interested parties within three months of the approval of the delimitation of the polygon or unit of action.

The projects will be submitted to public information for a month, with personal summons from the interested parties, and will be approved by the City Council or, where appropriate, by the urban organ that is subrogated in the municipal.

Article ninety-nine.

One. In any case, the project of repair will take into account the following criteria:

(a) The owners ' right shall be proportional to the area of the respective parcels at the time of the approval of the polygon delimitation.

(b) The resulting solar will be valued with objective and general criteria for the entire polygon according to its use and buildable volume and according to its situation, characteristics, degree of urbanization and destination of the buildings.

(c) It shall be ensured, wherever possible, that the farms awarded are located in close proximity to that of the former properties of the same holders.

(d) Where the limited amount of the rights of some owners does not allow them to be awarded independent farms to all of them, the resulting solar will be awarded to such owners. However, if the amount of those duties does not reach 15% of the minimum buildable parcel, the award may be replaced by a cash allowance.

e) In any event, the differences in award shall be the subject of economic compensation among the parties concerned, with the result that the average price of the resulting solar costs is assessed.

(f) plantations, works, buildings, installations and improvements which cannot be preserved shall be assessed independently of the soil and their amount shall be met with the owner concerned, with the project as a cost of urbanization.

Two. In no case may areas lower than the minimum buildable plot be awarded as independent farms or do not meet the appropriate configuration and characteristics for building in accordance with the planning.

Three. No new award shall be made, the original properties being retained, without prejudice to the regularisation of borders where necessary and the financial compensation provided for:

a) The land built according to the planning.

(b) Non-built farms according to the planning, when the difference in more or less, between the use corresponding to the Plan and the one that would correspond to the owner in proportion to their right in the repair, be less than fifteen percent of the latter.

Four. In the urban land, the rights of the owners in the repair will be regulated by the value of their respective plots at the date of approval of the Plan that will motivate the repair according to the provisions of the article one hundred and eight.

Article 1.

One. The approval agreement of the repair project will produce the following effects:

a) Cession of the right to the municipality in which it acts in full and free of charge of all the land of compulsory cession for incorporation to the Patrimony of the soil or its affectation according to the intended uses in the Plan.

b) Subrogation, with full real effectiveness, of the old ones by the new plots.

(c) Actual impact of the parcels awarded to the fulfilment of the charges and payment of the costs inherent in the relevant system of action.

Two. The approval agreement for repair will be impugable on administrative basis. In the case of an administrative dispute, such an agreement may be contested only if the procedure for its adoption is absolute nullity or in order to determine the compensation which, where appropriate, is applicable.

Article one hundred one.

One. The Agency which has approved the project of repair shall issue a document with the solemnities and requirements laid down for the minutes of its agreements, in which the old properties and their owners are related, according to the titles provided or, in default of these, by description of the farms and indication of their owners, if they are known, and description of the new plots with the award of each one to the respective holder. This administrative document will be formally protocolised, without prejudice to the possibility that public writing may also be granted, in cases and in such a way as to be regulated.

Two. The physical and legal situation of the farms or rights affected by the repair and the resulting thereof will be reflected in the Land Registry, in accordance with the provisions of the mortgage legislation in the form that Regulation is determined.

Three. If any load is incompatible with the new situation or characteristic of the farm, the Registrar shall limit himself to the corresponding seat, and the interested parties may go to the competent court to request the a declaration of compatibility and incompatibility of charges or charges on new farms and, in the latter case, their conversion into a credit claim with a mortgage guarantee on the new farm in the amount in which the charge is justified.

Article one hundred two.

One. Awards of land to which the repair is carried out, where they are carried out in favour of the owners falling within the relevant polygon or unit of action and in proportion to their respective rights, shall be exempt on the basis of permanent, of the General Tax on Proprietary Transmissions and Documented Legal Acts, and they will not have the consideration of transmissions of dominion to the effects of the charge of the arbitration on the increase of the value of the grounds. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

Two. The rules of compulsory expropriation will be applied to the repair of the land.

CHAPTER FOURTH

Valuations

Article one hundred three.

Land assessments shall be carried out in accordance with the criteria set out in this Law.

Article one hundred four.

One. The initial value of a predium or cultivation unit, for the purposes of this Law, shall be determined:

(a) For the gross yield that corresponds to the effective rustic exploitation or is naturally susceptible.

b) By their average value for sale for the purposes of their agricultural holding.

In no case shall it be possible to take into consideration values or yields that have direct or indirect relation to the possible urban use of land.

Two. In the rustic yield, the agricultural, forestry, livestock, hunting, and any other similar shall be estimated.

Three. Among the yields of which a founder is naturally susceptible, the results of transformations which can be operated with the normal means, both mechanical and technical or capital, which exist for the development of the agricultural exploitation and conducive to the maximum use of land fertility, but not hypothetically resulting from an alleged application of extraordinary means.

Four. The cultivation units directly operated by the owners shall also establish the award of the condition which must be attributed to them in the case of forced expropriation.

Five. Where the initial value to which the above criteria is applied is lower than that which is recorded in cadastral valuations, municipal indices or other approved public estimates, the highest of those that are available shall prevail. the terrain.

Article one hundred five.

One. The urban value shall be determined on the basis of the utilisation corresponding to the land under its situation, in accordance with the performance which is attributed for tax purposes at the beginning of the assessment file.

Two. The use which, in any case, will serve as a basis for the determination of the urban value, after deducting the land of compulsory disposal affecting the town, will be as follows:

-On unscheduled urbanizable soil, which results from its use and intensity of occupancy, determined in the General Plan.

-On schedule, the average utilization of the sector.

-In the urban area, the allowed for the Plan or, where appropriate, the average use fixed to the polygons or units of action subject to repair, and in defect of Plan, three cubic meters per square meter, referred to any usage.

Three. The urban value determined on the basis of these criteria may be increased or decreased by 15% in consideration of the degree of urbanisation and the specific particularities of the land concerned.

This correction shall be applied regardless of which, by way of similar concepts, they proceed in accordance with the tax legislation.

Article cent six.

One. Plantations, works, buildings and installations which exist on the ground shall be justified independently and shall increase the total value of the building with their value, unless, due to their permanent improvements, they have been laid down in the determination of the incial value or of the town planning according to the previous article

Two. Compensation in favour of rural and urban tenants shall be fixed in accordance with the provisions of the Compulsory Expropriation Act.

Article one hundred seven.

Land classified as non-urbanizable soil shall be assessed according to the initial value.

Article one hundred eight.

Land classified as urban or urbanizable land in all its categories shall be assessed according to the urban value.

The appraisals will limit the initial value, which will prevail over the urbanistic when it is lower.

Article one hundred nine.

Where the initial or urban value is applied to the valuation of land, the price entered in the securities for acquisition or for the formation of charges following the enactment of the latter shall not be taken into account. Law.

Article one hundred ten.

Whenever the value assigned to a plot in which the owner has cost some urbanization works, not in contrast to the plans in force at the time of execution, is less than the sum of the initial and the part of the Proportional to the current value of the works, it shall be completed to cover the amount of the two subcommands.

Article one hundred and eleven.

One. The valuation of the real estate rights, for the purposes of its constitution, modification or extinction, shall be made in accordance with the provisions on expropriation that specifically determine the justicprice of the property; subsidiary, in accordance with the rules of the Administrative or Civil Law governing the institution and, failing that, by those established for the Taxes of Successions, Heritage Transmissions and Documented Legal Acts.

Two. When expropriating a property taxed with loads, the Corporation or Agency that will make it will be able to choose between justiciar each of the rights that compete with the domain to distribute it among the holders of each one, or to value the property as a whole and to record its amount held by the Court, so that it establishes and distributes, by the processing of the incidents, the proportion corresponding to the respective persons concerned.

Article one hundred twelve.

One. The valuations will be valid for ten years.

Two. Where actual and non-speculative circumstances cause significant variations in the land market or in the general economic situation, the Justicprices shall be reviewed, either on their own initiative or at the request of any owner concerned.

Three. It will serve as a basis for the review, without prejudice to other factors, the general weighted index of wholesale prices published by the National Statistics Institute.

Article cent thirteen.

The payment of the Justiprice in the expropriations may be verified in cash or, according to the expropriated, by permuse with other parcels of the beneficiary of the expropriation.

TITLE III

Running the Sort Plans

CHAPTER FIRST

General provisions

Article one hundred and fourteen.

One. The execution of the Planning Plans corresponds to the State, the Local Entities and the Special Urbanistic Entities in their respective spheres of action, without prejudice to the participation of the individuals in such execution in the terms set out in this Title.

Two. The implementation of the Plans through the system of expropriation may be the subject of administrative concession, which will be awarded by means of competition, on the basis of which the rights and obligations of the concessionaire will be established.

Article one hundred fifteen.

The State and the Local Entities may constitute joint stock companies or mixed economy enterprises, in accordance with the applicable law in each case for the execution of the Management Plans.

Article one hundred and sixteen.

One. The actions on scheduled urban land require the prior approval of the relevant sector's Partial Plan.

Two. In the unscheduled land area, only the approval of the Urban Action Programmes and the relevant Parcial Plans may be implemented.

Three. Except as provided for in this Article, the implementation of the general systems of urban planning of the territory provided for in the Territorial Coordination Plans, or in the General Plans, or any of the elements of such systems.

Article one hundred and seventeen.

One. The implementation of the Plans and the Urban Action Programmes shall be carried out by complete polygons, except in the case of directly executing the general systems or any of their elements or of carrying out isolated action on the ground. urban.

Two. Polygons will be delimited taking into account the following requirements:

(a) That by its dimensions and characteristics of the ordination they are susceptible to assume the ground cessions derived from the requirements of the Plan and the Programs of Urban Action.

b) Make it possible to distribute the benefits and burdens of urbanization equally.

c) That they have sufficient entity to technically and economically justify the autonomy of the performance.

Three. In urban land, where the determination of a polygon with the requirements laid down in the preceding number is not possible, nor is it possible for isolated action, the urban operations may be carried out by means of the delimitation of units. (a) to provide at least the fair distribution between the owners of the benefits and charges arising from the planning.

Four. No polygons or units of immediate action may be defined on grounds of compulsory and free disposal without including on the polygons and units the corresponding part of the indicated grounds.

Article one hundred and eighteen.

One. The delimitation of polygons and units of action, if not contained in the Plans, as well as the modification of the already demarcated ones where appropriate, will be agreed, on its own initiative or at the request of the individuals concerned, by the Local Entity or Current special town planning, prior to initial approval and public information procedures for 15 days.

Two. However, no complaint or appeal which is based on any errors or omissions which have not been reported in the public information phase may give rise to the action retrospection.

CHAPTER SECOND

From the Take Action Systems

Article cent nineteen.

One of the execution of the polygons or acting units will be performed by any of the following performance systems:

a) Compensation.

b) Cooperation.

c) Expropriation.

Two. The acting administration will choose the system of action applicable according to the needs, economic and financial means with which it counts, collaboration of the private initiative and other circumstances that are present, giving preference to the systems of compensation and cooperation, except where reasons of urgency or need require expropriation.

Three. When the Urban Action Plan or Pragram does not require the system, its determination shall be carried out with the delimitation of the polygon or unit of action. If the owners representing sixty per cent of the total area of the polygon or unit of action request, in the process of public information of the procedure for their delimitation, the application of the compensation system, the Administration will agree upon hearing from other owners of the polygon or acting unit.

Four. In any event, the system of expropriation shall be applied when the Board of Compensation, or where appropriate, the sole owner of all the grounds of the polygon or the unit of action, is in breach of the obligations inherent in the system of compensation.

Article one hundred and twenty.

One. Owners of land affected by an urban development are subject to compliance with the following charges:

(a) To effect the disposals of land that are established in this Law.

b) defray the costs of urbanization.

Two. The Administration will be obliged to affect the soil from the disposals to the intended destination in the Plans, and eventually to the Municipal Heritage of the soil, and to carry out the urbanization within the prescribed deadlines. The variation in the destination of the land of compulsory disposal shall in no case imply a reduction in the amount of the disposals corresponding to the average use in each case.

Article one hundred and twenty-one.

When action in the field of polygons or units of action is not presumably cost-effective, the burden in relation to the limited use for building areas, the Council of Ministers, is not likely to be excessive. Ministers, acting on a proposal from the Minister of Housing and after obtaining the opinion of the Council of State, with a hearing or, if appropriate, at the request of the interested parties, may authorize, without modifying the determinations of the Plan, a reduction of the the contribution of the owners to the same or an economic compensation in charge of the Administration, seeking to equate the costs of the performance to those of other similar ones, which have been viable.

Article one hundred and twenty-two.

One. The costs of urbanization to be borne by the affected owners include the following concepts:

(a) The works of road, sanitation, water and electricity supply, public lighting, trees and gardening, which are foreseen in the Plans and projects and are of interest to the sector or area of action, without prejudice to the right to reintegrate the costs of installation of the water and electricity supply networks from the undertakings to be provided by the services, except for the part to be contributed by the users in accordance with the rules of those.

(b) Indemnities arising from the demolition of buildings, the destruction of plantations, works and installations required for the implementation of the Plans.

c) The cost of the Parcial Plans and the Urbanization and repair projects.

Two. The payment of these costs may be made, after agreement with the owners interested, giving these, free of charge and free of charge, land buildable in the proportion that is considered sufficient to compensate them.

Article one hundred and twenty-three.

Unscheduled land owners, which are the subject of an Urban Action Programme, will have to come to the implementation or supplement of the external infrastructure works on which the project will be supported. urban performance without prejudice to compliance with the charges referred to in Article 80 (2) and (5

.

Article cent twenty-four.

One. The obligations and burdens of the owners of the soil referred to in this Chapter shall be the subject of fair distribution between them, together with the benefits derived from the planning, in the form that they freely agree with. compensation or repair.

Two. Failure to comply with the obligations and charges imposed by this Law shall enable the competent authority to expropriate the land concerned.

Article one hundred and twenty-

.

One. The 10% transfer referred to in Article 80 (3) and (4) in the case of urban development activities of a sectoral nature or which, by their nature, require a small extension of land or to be placed in a site In isolation, it may be replaced by an economic indemnity, determined in accordance with the procedure laid down in Article 100 (5

.

Two. The replacement allowance shall also be made between the persons concerned when, in the circumstances of the construction of an urban development, it is not possible to carry out the physical repair of the land of all or part of the land. Fifty percent of the affected area.

THIRD CHAPTER

Compensation System

Article one hundred and twenty-six.

One. In the system of compensation, the owners provide the land of compulsory cession, they carry out at their cost the urbanization in the terms and conditions that are determined in the Plan or Program of Urban Action or in the agreement of the approval of the system and are constituted as Board of Compensation, except that all land belongs to a single owner.

Two. The Basis of Action and the Statutes of the Board of Compensation shall be approved by the Acting Administration. To this end, owners representing at least sixty percent of the total area of the polygon or unit of action shall submit to the Administration the corresponding projects of Bases and Statutes. Prior to the decision to be taken, the other owners shall be heard.

Article one hundred and twenty-seven.

One. The owners of the polygon or acting unit who have not applied for the system may be incorporated with equal rights and obligations to the Board of Compensation, if they had not done so at an earlier time, within one month of from the notification of the approval agreement of the Statutes of the Board. If they do not do so, their farms will be expropriated in favor of the Board of Compensation, which will have the legal status of beneficiary

Two. The town planning companies that have to participate with the owners in the management of the polygon or unit of action may also be incorporated to the Board.

Three. The Board of Understanding shall have administrative nature, legal personality and full capacity for the fulfilment of its purposes.

Four. A representative of the Acting Administration shall be part of the governing body of the Board in any event.

Five. The Compensation Board's agreements shall be made available to the Acting Administration.

Article one hundred and twenty-eight.

The transmission to the corresponding municipality, in full control and free of charge, of all the land of compulsory cession and of the works or installations that must be carried out to its coast the owners will take place by ministry of the Law under the conditions which are determined to be determined.

Article one hundred and twenty-nine.

One. The incorporation of the owners to the Board of Compensation does not assume, except that the Statutes dispute otherwise, the transmission to the same of the buildings affected to the results of the common management, In any case, the grounds will remain directly affected by the fulfilment of the obligations inherent in the system with annotation in the Land Registry in the form that is regulated.

Two. The Compensation Boards shall act as a trustee with full power over the farms belonging to the members of the owners, without any limitations other than those laid down in the Statutes.

Three. The transfer of land which is carried out as a result of the formation of the Board of Compensation for the contribution of the owners of the polygon or the unit of action, in the event that the Statutes are disputed, or by virtue of (a) compulsory expropriation, and the award of solar contracts to be carried out in favour of the owners of such boards and in proportion to the land incorporated by them, shall be exempt on a permanent basis from the General Tax on Transfer of assets and of legal instruments Documented, and shall not be considered transfer of domain to the effects of the charge of the arbitration on the increase in the value of the land. Where the value of the solar energy awarded to an owner exceeds the value of the land in proportion to the land provided by the owner, the excess amounts shall be rotated.

Article one hundred thirty.

One. The Board of Compensation shall be directly responsible, in front of the competent authority, for the complete urbanization of the polygon or the unit of action and, where appropriate, the construction of the resulting solar systems, where such set.

Two. The amounts owed to the Board of Compensation by its members shall be payable by way of award, upon request of the Board to the Acting Administration.

Three. Failure by the members of the Board of the obligations and burdens imposed by this Law will enable the Acting Administration to expropriate their respective rights in favor of the Board of Compensation, which will have the benefit legal.

CHAPTER FOURTH

Cooperation System

Article one hundred and thirty-one.

One. In the system of cooperation, the owners provide the land of compulsory cession and the administration executes the works of urbanization with charge to them.

Two. The application of the cooperation system requires the repair of the land covered by the polygon or the unit of action, unless it is unnecessary for the distribution of the benefits and charges to be sufficiently equitable.

Three. Administrative associations of owners may be established, either on the initiative of the owners or by agreement of the City Council, in order to collaborate in the execution of the works of urbanization.

Article one hundred and thirty two.

One. The loads of urbanization will be distributed among the owners in proportion to the value of the farms that are awarded to them in the repair.

Two. The Acting Administration may require the owners concerned to pay amounts on account of the costs of urbanisation. These amounts may not exceed the amount of the investments planned for the next six months.

Three. The Acting Administration may also, where the circumstances advise, agree with the owners concerned to defer payment of the costs of urbanization.

Article one hundred and thirty-three.

In the cooperation system, no building licenses may be granted until the approval agreement for the repair of the polygon or the unit of action is signed on an administrative basis, when that agreement is obtained.

CHAPTER QUINTO

Expropriation system

Article one hundred and thirty-four.

One. The expropriation system shall be applied by whole polygons or units of action and shall comprise all the goods and rights included therein.

Two. Without prejudice to the provisions of the preceding number, the compulsory expropriation may be applied for the implementation of the general systems of the urban planning of the territory or of any of its elements, or for carrying out isolated actions in urban soil.

Article one hundred and thirty-five.

One. Where the implementation of the Plans is carried out by the system of expropriation, the delimitation of the polygons or units of action shall be accompanied by a relationship of owners and a description of the goods or rights concerned, drawn up in accordance with the provisions of the Compulsory Expropriation Act.

Two. If no polygons or complete units of action are carried out, the application of compulsory expropriation for the execution of the general systems or of any of its elements or for carrying out isolated actions on urban soil, will require the formulation of the relationship of owners and description of goods and rights referred to in the preceding number, which shall be approved by the Expropriating Body, after the opening of a period of public information for a period of 15 days.

Article one hundred and thirty-six.

One. Where public domain goods exist on the demarcated area and the destination of the same according to the planning is different from the one which motivated their affectation or attachment to the general use or the public services, the intended procedure shall be followed. in the Law of State Heritage or, where applicable, in the legislation of Local Regime.

Two. The rural roads which are covered by the defined area shall be understood as municipal property, unless otherwise tested. In terms of the urban routes that will disappear, they will be understood to be fully transmitted to the Expropriating Body and subrogated by the new ones resulting from the planning.

Article one hundred and thirty-seven.

On the area covered in the area defined for expropriation purposes, no construction or modification of the existing ones can be carried out, except in specific and exceptional cases, subject to express authorization by the Agency. expropriating, which, if not the City Council, will communicate it to the City Council for the purpose of granting the appropriate license.

Article one hundred and thirty-eight.

The expropriant may choose to follow the expropriation individually for each farm or apply the joint appraisal procedure according to the following:

First. The project of expropriation will be exposed to the public for a month, so that the interested parties, to whom the corresponding sheets of appreciation must be notified, can formulate observations and complaints concerning the ownership or assessment of their respective rights.

Second. Informed by the Acting Administration, the file will be submitted to the Provincial Planning Commission for its resolution.

Third. The decision shall be individually notified to the holders of the goods and rights concerned If the persons concerned within the following 20 days express in writing their disagreement with the assessment established by the Provincial Commission of Urbanism, with a claim in its case of how much it considers relevant to its right, the Provincial Planning Commission will give the file to the Provincial Jury of Compulsory Expropriation for the fixing of the Justiprice according to the criteria of assessment as set out in this Act.

In another case, the silence of the person concerned will be considered to be an acceptance of the valuation established by the Provincial Planning Commission, which is definitely determined by the Justicist.

Fourth. The resolution of the Provincial Planning Commission shall imply the declaration of urgency of the occupation of the goods or rights concerned, and the payment or deposit of the amount of the valuation established by it will produce the effects expected in the the numbers six, seven and eight of Article fifty and two of the Law of Compulsory Expropriation,

Article one hundred and thirty-nine.

One. Without prejudice to the following paragraph, the actions of the expropriatory file shall be followed by those who appear as interested in the draft delimitation, drawn up in accordance with the Law on Compulsory Expropriation or Credit: legal form, be the real holders of the goods or rights against whatever the project says. In the joint assessment procedure, errors not reported and justified within the time limit referred to in the first paragraph of the previous Article shall not give rise to a declaration of invalidity or replacement of proceedings, while retaining the right of persons concerned to be compensated in the appropriate manner.

Two. When the payment of the price is paid, only cash shall be made, if, if not, to those concerned who provide the registration certificate in their favour, on the record that the note in Article 30 has been extended and two of the Mortgage Regulation or, failing that, the evidence of their right, completed with negative certifications of the Land Registry referring to the same estate described in the titles. If there are loads, the holders of loads must also appear.

Three. Where there are registered statements contrary to the reality, the Justicality may be paid to those who have rectified or distorted them by any of the means indicated in the mortgage legislation or with the act of notoriety dealt with in accordance with Article 200 (9) of the Notary Regulation.

Article one hundred and forty.

One. Once the payment or entry has been made, one or more occupation records may be lifted and entered, as one or more registered farms, all or part of the area covered by its action, without the prior registration of all of them being necessary. and each of the expropriated estates. The fact that one of these farms is not registered will not be an obstacle to the direct practice of the registration. In addition to the registration of the grouped farms, the timely note will be extended with transfer effects.

Two. The minutes or minutes of occupation shall be entered in the form of the minutes of payment or the supporting documents for the payment of the fair value of all the occupied farms, which shall be described in accordance with the mortgage legislation. That title, as well as those necessary for the registration referred to in the following Article, shall be accompanied, where appropriate, by the respective plans, one of whose copies shall be filed in the Register.

Three. If, in the case of registration, there are reasonable doubts as to whether or not there is any land in the occupied area which is not taken into account in the expropriatory file, without prejudice to the application of the registration, circumstance for the purposes of the following Article, in the knowledge of the Expropriating Body.

Article one hundred and forty-one.

One. When the expropriation procedure is carried out in the form set out in the preceding articles and the minutes of the occupation are lifted, the whole of the farms covered by the administration shall be deemed to be free of charge. expropriating, which will be maintained in its acquisition once it has registered its right, without any real or inter-dictal action being brought against it even if third parties are subsequently not taken into account in the file, who will, however, retain and be able to exercise as many personal actions as possible (a) to be entitled to a fair price or to the expropriation and to discuss the amount.

Two. If, after the entry of the joint occupation act, any of the previously registered farms or rights were not taken into account in the expropriatory file, the Administration expropriating, ex officio or at the request of a party interested or from the Registrar himself, will request from him to practice the corresponding cancellation, without prejudice to the provisions of the previous number.

Article one hundred and forty two.

One. In the case of urban development actions for public promotion in new polygons for the creation of urbanized land, the payment of the Justiprice of the expropriated goods and rights may be carried out by the Acting Administration, according to the expropriated, with plots resulting from the urbanization itself.

Two. The valuation of the expropriated property and rights and the resulting parcels will be made according to the criteria set out in this Law, taking into account the costs of the urbanization corresponding to the Plan as provided for in the article One hundred and twenty-two and according to the procedure established in the Law of Compulsory Expropriation. All this in the form and conditions that are regulated.

Article one hundred and forty-three.

In all the non-expressly provided for in this Law will apply the general legislation of compulsory expropriation.

Article one hundred and forty-four.

In the cases of expropriation provided for in Article 100 (2), thirty-four, the procedure of the Compulsory Expropriation Act will always apply, without prejudice to the fact that the valuation of the land is carried out with the criteria for the assessment of this Law

Article one hundred and forty-five.

The cost of the expropriations referred to in the previous article may be passed on to the owners who are particularly benefited by the urban development, through the imposition of special.

CHAPTER SIXTH

Running the Urbanistic Take Action Programs

Article one hundred and forty-six.

One. The Local Entities and, where appropriate, the competent Special Urbanistics, either on their own initiative or at the request of a party, may call for tenders for the formulation and implementation of Urban Action Programmes, in accordance with the determinations and criteria which, to this effect, point to the General Plan.

Two. The bases of the contest shall indicate the zones suitable for the location of the performances, the magnitude of the areas urbanizable, the minimum requirements of planning in relation to the determinations and criteria that to these effects establish the General Plan, with a view to the general uses of the action, the obligation of the promoters to construct a percentage of construction within specified time limits, the guarantees and penalties in the event of non-compliance and the other circumstances that configure the referred performance.

Three. The bases shall also specify the other obligations to be assumed by the successful tenderers, which shall include at least the following:

(a) Free transfer to the Local Entity or, where appropriate, the competent Special Urbanistics, of land intended for roads, parks and public gardens and other services and envelopes of general interest which, in no case, may be lower than those laid down in this Law.

(b) Construction of the entire road network of the area of action and of the water and electricity supply, sanitation, lighting and other services networks which, where appropriate, are provided for.

(c) Construction of the necessary connections on the outside of the area of action, with the networks referred to in the previous paragraph.

d) Forecasting and execution of the equipment appropriate to the dimensions and purpose of the action which, in the case of residential use, will consist of at least in the creation of public green spaces and in the construction of centres teachers, social and commercial.

Four. The transfer of 10% of the average utilisation may be replaced by the higher obligations which, to this end, lay the foundations.

Five. The bases will also be able to set the maximum sales or rental prices of the buildings.

Article one hundred and forty-seven.

One. The bases shall be drawn up by the Entity that convokes the contest and shall be approved by the competent body for the approval of the Action Programme.

Two. The contestants, when formulating their offers, must present planning advances.

Three. The award of the contest shall be awarded by the same Entity that convened it.

Four. The act of award of the contest shall determine the applicable system of action and approve the progress of planning submitted by the selected contestant for the purposes of Article 28 (8), with the amendments which, if necessary, procedures.

Five. In any event, the presentation of the advance of planning shall not limit the powers of the Administration with respect to the approval of the Program of Urban Action and the Parcial Plans that develop it

Article one hundred and forty-eight.

Awarded the contest, the selected contestant will proceed to formulate the corresponding Program of Action according to the advance of the approved planning if it has not been done previously, subject to the determinations provided for in Article 16 of this Law and the processing established for the Partial Plans.

Article one hundred and forty-nine.

One. According to the forecasts of the General Plan and without the detriment of the programs in the established, the Local Entities and, where appropriate, the competent Special Urbanistics will be able to formulate and execute directly Programs of Urban Action the call for competition is not necessary in this case.

Two. In addition, Urban Action Programmes may be formulated and implemented without prior call for tenders in the case of urbanisation of land destined for installations of relevant or of particular importance and for the formation of industrial estates, and so the Council of Ministers agrees with Decree, on a proposal from the Ministry of Housing and the competent for the subject matter prior to the report of the Local and the Central Commission for Urbanism, and opinion of the State Council. The Decree shall lay down the obligations to be fulfilled by the successful tenderer in relation to the provisions laid down in Article 100 (3) and (6

.

Article one hundred and fifty.

To have directly formulated Urban Action Programs by the Local Entities and, where appropriate, by the Special Urbanistics, these may call for competitions for the execution and development of the same, with subjection the laws and provisions governing their respective powers.

Article one hundred and fifty-one.

Urban Action Programs will be implemented by compensation, cooperation, or expropriation systems. The determination of the system shall be made by the Administration in the manner provided for in this Law.

Article 150 and two.

In any case, the approval of the Urban Action Programme will involve the declaration of public utility and the need for the occupation for the forced expropriation of the necessary land for the area of the action with the relevant elements of the existing general systems abroad.

Article 150 and three.

Failure to comply with the obligations of the successful tenderer will, where appropriate, lead to the resolution of the Convention and the expiry of the Urban Action Programme, in respect of the pending part of the implementation, without prejudice to the penalties provided for.

TITLE IV

Exercise of the faculties regarding the use and building of the soil

CHAPTER FIRST

Building Building

Section first. Time limits for building and forcible disposal of properties

Article 150 and four.

One. The owner of solar, according to the article eighty-two, must undertake the construction within the deadline set in the Plan or Program of Urban Action.

Two. If it is not determined, the deadline will be as follows:

(a) Two years, counted from the time the plot, which deserves the rating of the site, is comprised in areas consolidated by the building at least two thirds of its surface, if the owner of the plot has ceded land and costed urbanization; and

(b) Three years after the provisional receipt of the urbanisation works referred to in the number one of Article 80 and two in other cases.

Three. For the purposes of this Section, they shall also have regard to the land on farms where there are paralyzed, ruinous, derruid or unsuitable constructions where they radiate, the owners of which must undertake the construction. within the period referred to in paragraph 2 of Article 150 and six.

Article one hundred and fifty-five.

One. The time limits specified for the building will not be altered even though several domain transmissions will be carried out during the same.

Two. These deadlines will be extended for one year, if I will agree with the City Council for a fair cause; for two years, under the reasoned resolution of the Provincial Planning Commission, and for more time, through the agreement of the Minister of Housing founded on excess buildable solar.

Three. Public corporations and industrial enterprises which possess or acquire solar power for extensions or future justified needs may retain them without building in time longer than those provided for in Article 150 and four, prior agreement of the City Council, heard the Delegation of Industry of the province and approved by the Minister of Housing.

Article 150 and six.

One. After the corresponding period and the extension, where appropriate, without the owner having undertaken and following the normal pace of building a solar, adjusted to the Plan, the parcel shall be immediately put on sale and shall be individualized and entered by the City Council, either on its own initiative or at the request of any person, in the Municipal Registry of Solares.

Two. The farms referred to in paragraph 3 of Article 150 and four shall be, after file processed ex officio or at the request of a party, included in the Register of Solares, but shall not pass on to the situation of forced sale until after the two-year period has elapsed, to be counted from that inclusion, without the construction work being initiated or continued by the owner during that period, or not to develop them with normal rhythm.

Article 150 and seven.

One. The inclusion of a solar or farm in the Register shall involve the initiation of the assessment file, the final result of which shall be entered in the same Register.

Two. The justiprice of the solar, built or not, will be founded on its urban value, according to the present Law.

Three. In this case, the compensation shall be taken into account, where appropriate, for the compensation to be paid to the holders of the right of hire or other similar persons when the right holders are extinguished.

Article 150 and eight.

One. Any person may acquire, after the retention periods by the owner, indicated in the articles one hundred and fifty-four and paragraph two hundred and fifty-six, a solar or estate included in the Register and request from the The municipality that expropriates it and is awarded it in full according to the assessment referred to in the previous article, provided that the petitioner assumes the commitments to build according to the Plan and to enter the Municipal Fund Depositary with fifteen days in advance of the payment of the justiprice the amount necessary to pay it.

Two. The City Council will be able to expropriate the solar and farms in a situation of forced sale to build them.

Three. The City Council or the Provincial Planning Commission may formulate and apply the regime of polygons of expropriation to all or part of the solar and farms included in the Register.

Four. The acquirer of expropriated land or estates may choose between the continuation or extinction of the actual rights which are not incompatible with the purpose of the expropriation; and if no manifestation is made, it shall be understood that he chooses to absolute expropriation.

Article 150 and nine.

One. The City Council, after two years without having exercised any of the powers governed by the previous article, will auction the building, under the type of tender that will result from the Justiprice made according to the article Fifty-seven and with the clause that the acquirer will have to build according to the Plan.

Two. The auction shall be held in accordance with the provisions governing the hiring of the Local Corporations, but at the request of the owner, before the conclusion of the auction, bids may be agreed to the llana.

Three. If the price is higher than the tender rate, the difference shall be the benefit of the expropriated owner.

Four. If the auction is declared deserted, it shall be reconvened within six months, with a reduction of the rate of 25%.

Five. If the second auction is also deserted, the City Council may, within the following six months, acquire the building for the minimum bid price and for the construction of the building in accordance with the Plan.

Six. In the event that the City Council does not exercise the power referred to in the preceding paragraph, the state of forced sale of the building shall be suspended for one year, during which the owner may undertake and continue the building at a pace. normal.

Seven. If the time limit is expired without the owner having made it, the property shall return to permanent status of forced sale, according to the type of valuation resulting from the last auction.

Article one hundred and sixty.

One. The owner of immovable property in a situation of forced sale may, as a subsidiary, exclude them from such a situation by making them direct, by means of a public deed in which the acquirer expressly submits to the obligation of to build according to the Plan and within the time limits specified in the article one hundred and sixty-two, unless previously requested the direct acquisition or the expropriation provided for in Article 150 and eight.

Two. The owner of the property at auction provided for in the previous Article may exclude them from the auction prior to the agreement of their convocation, in accordance with these requirements:

(a) Offering to the public for the sale of the property, by means of an announcement inserted once a year in the "Official Gazette" of the province and in the two newspapers of greater circulation in the population, in which the site is detailed, area, prices according to the valuation in the Register and registration number in the Register, indicating that the offer is made for the purposes of this Article.

(b) Placement in the building of a sign readable from a public road with the expression "Solar for sale" and number of the municipal register.

c) Grant of the term of office in favor of the city councilman or municipal official designated by the mayor to be able to dispose of the farm to any person who contracts the commitment to build according to the Plan and to pay the cash the price at which the building was valued, the price of which shall be specified in the document; and

d) Delivery to the City Council of an authentic copy of the deed and the title of the property by receiving the receipt.

Three. The tender shall be valid until the revocation of the mandate is formally notified and the notices referred to in paragraph (a) of the preceding paragraph shall be published.

Four. In force the offer, any person can accept it, for which it will have to communicate it to the mayor with the expression of having constituted in power of the Notary that it designates, or in the municipal arcas, in concept of a deposit equivalent to the five percent of the price and the price of the price.

Five. The Councilmember or proxy officer shall grant public deed of sale to the Notary designated by the buyer within 15 working days of the date on which he receives the notification of acceptance, and the price shall be entered in the Depositary of Municipal Funds at the disposal of the owner.

Article one hundred and sixty-one.

One. The disposal of an estate included in the Register, made in accordance with Articles 150 and eight, one hundred and fifty-nine or one hundred and sixty, will produce the definitive extinction of the leases and other personal rights constituted by any title in relation to the same, without having any effect on the new construction or to be reserved on it premises or rooms to the former occupants.

Two. If it is the owner who intends to undertake or terminate the building, it will produce the same effect as the grant of the licence, even if I request it after the period provided for by the articles one hundred and fifty-four and one hundred and fifty and five, but before an acquisition request exists for a third party.

Three. If, by reason of the nature of the obligation, the said rights are compensated by the owner for their real value, in accordance with the procedure laid down in the Law on Compulsory Expropriation and the provisions of his article Forty-three. In any event, the payment or deposit of the compensation shall be prior to the eviction.

Article one hundred and sixty two.

One. The acquirers of the solar and constructions referred to in this chapter shall be obliged to initiate or resume the construction works within one year, from the date of taking possession of the farm, and to print the development suitable for normal termination.

Two. The same obligation shall apply to the owner who has exercised the power of paragraph two of the foregoing Article.

Three. In exceptional and justified circumstances, the Councils may extend for a further year the fulfilment of the above obligation.

Article one hundred and sixty-three.

One. If the acquirer does not fulfil his obligations in order to be built, the City Council shall declare it so, either on its own initiative or at the request of any interested party.

Two. Within two months of this declaration, the expropriated owner may exercise the right of reversal if he/she undertakes to initiate or follow the construction within six months of the time of his/her possession.

Three. As payment of the reversion, seventy-five percent of the price satisfied by the acquisition will be paid, increased with the value of the buildings that can be used.

Four. If the former owner does not exercise in time and forms the right to reversion, the City Council may expropriate in equal terms.

Five. If the owner or the Corporation exercising that right does not start the works within the six months or keep them at the right pace, the property will go back to the situation of forced sale.

Article one hundred and sixty-four.

The Councils, after authorization from the Minister of Housing, or this, with a hearing of those, will be able to leave without effect the general regime of the forcible building in the entire municipal term or some part of it in the following cases:

First. Where in the territorial area affected by the suspension the General Plan determines the necessity or convenience of carrying out internal reform operations or a special Plan of that nature is initially approved.

Second. When there are densities of construction or other circumstances of an urban, economic or social character that advise them, as long as these circumstances persist.

Section 2. Disposal of land

Article one hundred and sixty-five.

Councils may assign land from the municipal land area to be built or intended, in general, for the purposes set out in the Planning Plan.

Article one hundred and sixty-six.

One. Any transfer of land for free or for less than the cost will require that they be used to meet the needs of social housing and will be subject to the authorization of the Minister of the Interior, after the Minister's report. of the Housing in the conditions and with the formalities established regulentarily.

Two. Transfers of land from the municipal land to the soil shall be exempt from ministerial approval.

Article one hundred and sixty-seven.

When the permanence of the uses to which the land is used requires it, the Local Entities, after report of the Ministry of Housing and authorization of the Government, will be able to yield directly, for a lower price to the cost or free of charge, the domain of land in favor of Public Entities or Institutions to be used for purposes that are in the manifest benefit of the respective municipalities.

Article one hundred and sixty-eight.

One. The disposal of land belonging to the Local Entities shall require public auction, the type of which shall be the urban value or, if it exceeds that value, the amount resulting from the sum of the acquisition of the proportion of the works and established services, additional management or preparation costs, accommodation for families or established enterprises and compensation.

Two. If the auction is deserted, the Corporation may dispose directly within the maximum period of one year, in accordance with the tender price and establishing the obligation to start the building within six months and to terminate it in another appropriate to the importance of the same.

Article one hundred and sixty-nine.

One. However, the disposal of land from the municipal land area may be carried out directly for the following purposes:

a) Public buildings for official bodies;

b) Public service buildings, of public or private ownership, that require a specific location without speculative purpose, such as parochial, cultural, sanitary or sports facilities, and

c) Construction of dwellings by official bodies.

Two. The disposal shall be made for the price corresponding to the auction.

Three. The Minister for Housing may approve documents of standard terms, to which the direct transfers are to be adjusted and in which the minimum obligations of the acquirers and the guarantees of any order shall be determined.

Article one hundred and seventy.

One. With the same requirements set out in the previous article and the others provided for in the present article, land may also be directly disposed of to build housing for the following petitioners:

(a) beneficial and social entities that are the promoters of official protection housing; and

b) economically weak persons, for their access to the small property, in joint operations approved by the Minister of Housing, on their own initiative, of the Local Corporations or the National Institute of the Housing.

Two. In the case of paragraph (b) above, the plans and specifications, with the price fixing, shall be exposed to the public at the Consistory House for two months.

Three. Within that period, persons interested in acquiring parcels shall direct their applications to the City Council with the documents supporting their family and economic situation.

Section 3. Assignment of surface rights

Article one hundred and seventy-one.

One. The State, the Local Authorities and Special Urbanistics and the other public persons, within the scope of their jurisdiction, as well as the private individuals, may constitute the right of land on grounds of their property for construction purposes. housing, complementary services, industrial and commercial installations or other buildings determined in the Planning Plans, the right of which shall be the surface area.

Two. The area right shall be transmissible and liable to be charged, with the limitations laid down in that law and shall be governed by the provisions contained in this section, by the title constituting the right and, in the alternative, by the rules of private law.

Article one hundred and seventy two.

One. The granting of the area right by the State and other public persons shall be granted by auction or by direct award or as a result of a partial expropriation of the domain of the land, thereby allowing it to be carried out of the Plan. The direct award may be made free of charge or at a price lower than the cost, provided that the land is intended for the intended purposes in the articles one hundred and sixty-six and one hundred and sixty-nine. It will also require the authorization of the Minister of Housing or of the Government, according to the fact that this award is verified by urban authorities of the State Administration or the Local Entities.

Two. The constitution of the right of land must be in any case formalized in public deed and, as a requirement of its effectiveness, be registered in the Registry of the Property.

Three. Where consideration is given to consideration, the consideration of the shallower may consist in the payment of a sum raised by the concession or a periodic fee, or the award in housing or in premises or in the lease of a other or in several of these modalities at the same time, without prejudice to the total reversal of the edified at the end of the period that would have been agreed upon as the right to surface.

Article one hundred and seventy-three.

One. The right to surface shall be extinguished if it is not published within the time limit laid down in the Plan or in the contract, if it is minor, or in the course of the period agreed upon in the plan, which may not exceed seventy-five years in the period of the award. by the State and other public persons, not ninety-nine in the contract between the individuals,

Two. Where the right of area is extinguished for the time limit, the owner of the land shall take ownership of the building, without having to satisfy any compensation whatever the title under which it was constituted. that right.

Three. The extinction of the surface right by the end of the term will cause all kinds of real or personal rights imposed by the shallower.

Four. If, for any other reason, the property rights of the land and the shallower were to be collected in the same person, the charges that fall on one and another right will continue to be taxed separately.

Article one hundred and seventy four.

The granting of land rights by the State and other public persons and their constitution by private individuals shall enjoy the advantages to be provided for in the granting of qualifications, loans and aid. provided for in the protective housing legislation,

Section 4. Non-tax arbitrage on poor building

Article one hundred and seventy-five.

One. In order to promote construction in accordance with the Planning Plans, the Councils may impose a non-tax arbitration on the solar systems located in urban areas when the construction takes up two thirds of the building surface in each polygon, the constructions referred to in Article 150 and six and the buildings of insufficient height with respect to the permitted and normal in the sector.

Two. Where the failure of a measure to rise is due to the approval or modification of the Plans or Ordinance after the date of construction of the building, the non-tax arbitrage may only be imposed after ten years after the date of validity. of the new permitted height, the period of which may be extended by the Town Council or the Planning Commission at the request of the owners.

Article one hundred and seventy six.

The City Council will agree to the imposition of the arbitration, simultaneously approve the Ordinance and Tarifa that will regulate it and raise the file to the Provincial Planning Commission for definitive approval, if appropriate.

Article one hundred and seventy-seven.

The arbitrate will be bonified by fifty percent to the owners of the solar system that will be completed as provided for by the article one hundred and sixty.

CHAPTER SECOND

Building and Land Use Intervention

Section first. Licenses

Article one hundred and seventy-eight.

One. The acts of construction and use of the soil, such as urban parcels, land movements, new plant works, modification of the structure or exterior appearance of the land, shall be subject to prior authorization for the purposes of this Law. existing buildings, the first use of buildings and the modification of the use of buildings, the demolition of buildings, the placement of visible propaganda posters from the public road, and the other acts that will be pointed out in the plans. Where the acts of building and land use are carried out by private persons on grounds of public domain, a licence shall also be required, without prejudice to the authorisations or concessions which are relevant to the holder of the public domain.

Two. The licenses will be granted in accordance with the provisions of this Law, the Urban Planning Plans and the Urban Action Programs and, where applicable, the Complementary and Subsidiary Standards of Planning.

Three. The procedure for granting the licenses will be in accordance with the legislation of Local Regime. In no event shall the administrative silence be construed as being in any way contrary to the requirements of this Law, the Plans, Projects, Programs and, as the case may be, the Complementary and Subsidiary Standards of the Planning.

Article one hundred and seventy-nine.

One. The jurisdiction to grant the licenses shall be the responsibility of the City Council, except in the cases provided for in this Law.

Two. Any refusal of a licence shall be reasoned.

Article one hundred and eighty.

One. Acts related to the article one hundred and seventy-eight that are promoted by State organs or Public Law Entities that administer state assets shall also be subject to a municipal license.

Two. Where reasons of urgency or exceptional public interest so require, the Minister responsible may, by reason of the matter, agree to the referral to the relevant Council of the project concerned, so that within one month he shall notify the conformity or disconformity of the same with the urban planning in force.

In case of disagreement, the file will be forwarded by the Department concerned to the Minister of Housing, who will raise it to the Council of Ministers, after a report from the Central Planning Commission. The Council of Ministers will decide whether to implement the project, and in this case it will order the initiation of the procedure of modification or revision of the planning, according to the procedure established in this Law.

Three. The City Council may, in any event, agree to suspend the works referred to in the number one of this Article when it is intended to be carried out in the absence or in contradiction with the notification in accordance with the planning that is establishes in the preceding number, communicating the suspension to the project's editor and the Minister of Housing, to the effects prevented by the project.

The works that directly affect the national defense are excepted from this faculty, for whose suspension the Council of Ministers will have to mediate agreement on the proposal of the Minister of Housing at the request of the City Council. competent and report of the military ministry concerned or High State of Staff, case of affecting more than one military ministry.

Section 2. Orders for the execution or suspension of works or other uses

Article one hundred and eighty-one.

One. Owners of land, special initiative housing, buildings and posters must keep them in conditions of safety, health and public health.

Two. The Councils and, where appropriate, the other competent bodies shall order, on their own initiative or at the request of any person concerned, the execution of the works necessary to preserve those conditions.

Article one hundred and eighty two.

One. The municipalities and, where appropriate, the Provincial Diputations and the Provincial Commissions of Urbanism may also order, for reasons of tourist or aesthetic interest, the execution of conservation and reform works in facades or spaces visible from the public path, without them being previously included in any sort plan.

Two. The works shall be carried out at the expense of the owners if they are within the limit of the duty of conservation which corresponds to them, and from funds of the Entity that orders it when they exceed it to obtain improvements of general interest.

Three. The owners of goods included in the catalogues referred to in Article 25 may obtain, in order to preserve them, the cooperation of the Councils and Diputations, which shall provide it under appropriate conditions.

Article one hundred and eighty-three.

One. Where any construction or part thereof is in a ruinous state, the Town Hall, on its own initiative or at the request of any interested party, shall declare and agree to the total or partial demolition, after hearing the owner and the inhabitants, except imminent danger that would prevent it.

Two. The ruinous state shall be declared in the following cases:

a) Damage not technically repairable by normal means.

b) Cost of repair greater than fifty percent of the current value of the affected building or plants; and

c) Urban circumstances to advise on the demolition of the building.

Three. If the owner does not comply with the agreement of the City Council, he shall execute it at the expense of the owner.

Four. If there is urgency and danger in the delay, the City Council or the Mayor, under his or her responsibility, for security reasons, shall have the necessary respect for the habitability of the building and the eviction by its occupants.

Five. The same provisions will govern in the event that the deficiencies of the construction will affect the healthiness.

Article one hundred and eighty-four.

One. Where the acts of construction or use of the soil related to the article one hundred and seventy-eight are carried out without a license or order of execution, or without complying with the conditions specified therein, the Mayor or the Civil Governor, of its own office or The Provincial Delegate of the Ministry of Housing shall have the immediate suspension of such acts. The suspension agreement shall be communicated to the City Council within three days if that has not been adopted by the Mayor.

Two. Within two months from the notification of the suspension, the person concerned shall request the appropriate licence or, where appropriate, adjust the works to the licence or order of execution.

Three. After that period without having been called for the expressed licence, or without having adjusted the works to the above mentioned conditions, the City Council will agree to the demolition of the works at the expense of the interested party and will proceed to definitively prevent the uses to the ones that gave place. In the same way, the license will be denied because it is contrary to the requirements of the Plan or the ordinances.

Four. If the City Council does not proceed to the demolition within one month from the expiration of the term referred to in the preceding number or since the license was denied for the reasons expressed, the Mayor or the Civil Governor directly dispose of such demolition, at the expense of the person concerned.

Article one hundred and eighty-five.

One. Provided that not more than one year has elapsed since the total termination of the works carried out without a licence or order of execution or without complying with the conditions laid down therein, the authorities referred to in the preceding Article require the developer of the works or their successors to request the appropriate licence within two months. The requirement shall be communicated to the Mayor within three days if the latter has not been formulated by the Mayor.

Two. If the person concerned does not apply for the licence within two months, or if the licence is refused because it is contrary to the requirements of the plan or the ordinances, it shall be carried out in accordance with the provisions of numbers three and four of the Previous article.

Three. The provisions of the foregoing Articles shall be understood as being independent of the powers which correspond to the competent authorities under the specific authorisation or grant scheme to which certain acts of construction are subject to or use of the soil.

Article one hundred and eighty-six.

One. The Mayor shall have the effect of a licence or order of execution suspended and the immediate cessation of the works initiated under his protection shall be suspended where the content of such administrative acts is manifestly a serious urban infringement.

Two. If the Civil Governor, on his own initiative or at the request of the provincial delegate of the Ministry of Housing, will appreciate that the works that are carried out under a license or order of execution constitute that same type of urban violation, he will put it in the knowledge of the Municipal Corporation, in order for its President to proceed as prevented in the previous number. If within ten days the President of the Municipal Corporation does not adopt the measures expressed in that number, the Civil Governor shall, of its own motion, agree to suspend the effects of the license or order of execution and the immediate cessation of works,

Three. In any event, the Authority which agrees to the suspension shall, within three days, give direct transfer of that agreement to the competent-Administrative Board, for the purposes of the two and the following items of the Article one hundred and eighteen of the Law of Jurisdiction-Administrative Jurisdiction.

Article one hundred and eighty-seven.

One. Licences or orders of execution whose content clearly constitutes one of the serious urban infractions defined in this Law shall be reviewed within four years from the date of their issue by the Corporation. the municipal government that granted them through one of the procedures of article one hundred and ten of the Law of Administrative Procedure, either ex officio or at the request of the Civil Governor, at the request of the provincial delegate of the Ministry of Housing.

The Corporation shall, where appropriate, agree to the demolition of the works carried out, without prejudice to the responsibilities that may be required in accordance with the provisions of this Law.

Two. If the Municipal Corporation does not proceed with the adoption of the previous agreements within one month of the communication of the Civil Governor, it shall give an account to the Provincial Planning Commission corresponding to the intended effects of the Number four of the fifth article of this Law.

Article one hundred and eighty-eight.

One. Acts of building or land use related to Article 100 (70) and (8) which are carried out without a licence or enforcement order on land qualified in the planning as green areas or free spaces shall be subject to the scheme. (a) the legal framework laid down in Article 1 (1) (b) of the Treaty and Article 1 (2) of Regulation (EC) No 42014/ of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council that article.

Two. The licenses or orders that will be granted in violation of the zoning or urban use of the green zones or free spaces provided for in the Plans will be null and void. As long as the works are in progress, the effects of the licence and the adoption of the other measures provided for in Article 100 (80) and (6) shall be suspended. If the works are completed, they shall be cancelled ex officio by the formalities provided for in Article 100 (9) of the Law of Administrative Procedure.

Three. If the authorities and bodies referred to in Articles 80 and 4 to 80 and 7 do not take the measures laid down in those provisions, where one of the cases referred to in the preceding numbers is concerned, The provincial delegate of the Ministry of Housing shall be aware of the situation created by the Minister of Housing, which may exercise the powers and take the appropriate measures provided for in the provisions cited above.

Section 3. Urban inspection

Article one hundred and eighty-nine.

Urban inspection shall be carried out by the central and local bodies referred to in the sixth title, within their respective competences.

Article one hundred and ninety.

The Mayor will carry out the inspection of urban parcels, works and installations of the municipal term to check compliance with the conditions required.

TITLE V

Economic Management

CHAPTER FIRST

General Provisions

Article one hundred and ninety-one.

One. The State and the Local Entities will develop their urban planning through the authorized economic resources and those that this Law establishes.

Two. The contributions entered in the General Budget of the State shall be invested in accordance with the annual distribution agreed by the Minister of Housing.

Article one hundred and ninety-two.

One. The municipalities of provincial capitals or more than fifty thousand inhabitants must, and the remaining, form a special budget of Urbanism to meet the obligations arising from this Law, which will be governed by the provisions of the ordinary in the Local Regime Act.

Two. The income statement may include only the following resources:

a) Grants, aid and donations granted for urban purposes.

b) Equal allowances in the ordinary budget of the Corporation itself.

(c) Products from the disposal of land affections to the municipal property of the soil.

(d) Exactions authorised or subsequently authorised.

e) Non-tax arbitrators and fines; and

(f) Loans, loans or other forms of advances.

Three. In addition to the entries corresponding to the amount of the studies, projects and works of first urbanisation arranged by Plans and projects approved under this Law, they may only be included in the state of expenditure of the budget. special amounts needed to serve the interest and amortisation of borrowings. loans or other forms of advance referred to in paragraph (f) of the preceding paragraph, as well as an item of "Unforeseen" to provide those necessary and urgent expenses that may arise in the development of the budget.

Four. When the works are executed, the expenses of entertainment, conservation and modification of the urbanization shall be charged to the ordinary budget.

CHAPTER SECOND

Grants and Assignments

Article one hundred and ninety-three.

The State will dedicate annually the amounts entered in its budgets to assist in the purposes of this Law and, in particular, to the acquisition of land to form soil reserves, to be used for the purpose of construction of dwellings and grant advances and, where appropriate, grants to Local Corporations and Autonomous State Entities for the same purposes and under the arrangements to be imposed.

Article one hundred and ninety-four.

One. For the purposes referred to in Article 80 and nine, the Councils referred to in Article 80 shall enter in their ordinary budget an amount equal to five per cent of their amount during the number of annuities required for the development of the Plan.

Two. They shall also allocate five per cent, at least, of the same budget for the implementation of the housing estates provided for in the action programmes.

Three. The expressed allocations will be at the same time in the income statement of the special budgets of Urbanism when they exist.

Article one hundred and ninety-five.

For the purposes of this Law, Local Corporations may issue bonds, arrange loans, and provide mortgage collateral on the acquired land and buildings built on their property under the law. specifies.

THIRD CHAPTER

Levies

Article one hundred and ninety-six.

One. The levies of the Special Planning Budget may be:

(a) Rights and fees for special benefits and for the provision of municipal public services.

b) Special contributions for works, facilities or services; and

c) Means of urban planning, increase in the volume of construction, territorial contribution to urban wealth and extraordinary surcharges on the same and on the arbitrary increase in the value of the land.

Two. The fines imposed by the Mayors for violations of the Management Plan and the non-fiscal arbitrage on poor building will also be entered in this budget.

Article one hundred and ninety-seven.

The rights and charges for special benefits and for the provision of services which benefit in particular certain persons or are particularly provoked by them shall apply only to the Urban Planning Budget. where the properties and municipal facilities in which the use is made are located in the new housing estates or in the internal reform, or where the municipal public services are provided, while the urbanization regime is in place for them.

Article one hundred and ninety-eight.

One. Where the works, installations or services implemented by the City Council benefit in particular from certain persons or classes or are brought about in a special way by them, even if certain value increases do not exist, the imposition of for special contributions shall be at most 90% of the total cost, in a uniform manner.

Two. The limitations set out in Article four hundred and seventy of the Local Regime Act shall not apply.

Article one hundred and ninety-nine.

One. The municipal authority on urban planning is established on a general basis, to which all unbuilt land on the polygons affected by the planning will be subject.

Two. Such arbitrage shall be graduated in the following two periods:

First. Since the approval of the General Plan, if it is urban land. and of the Partial Plan in other cases until the complete completion of the works of urbanization that affect each farm; and

Second. From the total termination of the works, until a building license is granted, except if it is not undertaken, it will continue and end within the deadlines that will be pointed out, according to the importance of the works.

Three. The arbitration shall be applied in its various periods, without prejudice to any other arbitrations or surcharges authorized by the Local Regime Law.

Four. The gardens of particular property whose plantations are suitable for proper layout and planning shall not be subject to arbitration.

Article two hundred.

One. In the first period, the basis of the arbitrate on urban planning will be the urban value of the land not built according to the Plan, and the type of tax, the zero, fifty percent.

Two. The application of the preceding paragraph will modify the provisions in relation to the arbitrio on solar in the Law of Local Regime.

Article two hundred one.

One. In the second period, the arbitrate on urban planning will be transformed into arbitrate on unedified solar, with application of the norms established for the same in the Law of Local Regime, except the type of taxation, which will be progressive, In no case can it be less than zero, fifty percent or exceed two percent, graduated according to the time that remains unpublished the solar and from the moment of completion of the works of urbanization that affect.

Two. In this period the charge of the arbitration will carry with them the exclusion of the extraordinary surcharge of four percent on the taxable liquids of the Territorial Contribution, urban wealth, that authorizes this Law, regarding the solar interlocks on the polygons.

CHAPTER FOURTH

Benefits

Article two hundred two.

The implementation of new housing estates, suffrating them in full and in advance, in which the precepts of this Law are complied with and in the assumptions that the cost of the same will be disproportionate when the urbanizer carries out At the cost of the services or general interest, it will give rise to the right to a reduction of up to eighty per cent of the taxable bases of the Urban Territorial Contribution of the buildings carried out in the new fields urbanization.

Article two hundred three.

The construction of urbanisation in sectors of internal reform, with full and early support, will give rise to the right to a reduction in the tax base of the Urban Territorial Contribution of the new buildings, as a maximum in the percentage from which the quotas and surcharges of the same corresponding to the new constructions are equivalent to those attributable to the farms that occupied the same soil before the new urbanization.

Article two hundred four.

The term of enjoyment of the benefits referred to in Articles two hundred and two and two hundred three shall be ten years. from the completion date of the corresponding buildings.

Article two hundred five.

The enjoyment of the tax benefits referred to in the three preceding articles is incompatible with any other tax benefits granted in general to the new buildings and will not be, by (a) the following may be used simultaneously or hereafter. In such cases, the beneficiaries are entitled to opt for one of the benefits that are applicable.

TITLE VI

Governing Bodies and Managers

CHAPTER FIRST

General Provisions

Article two hundred six.

In the development of the activities regulated in this Law, they will specifically understand, without prejudice to the powers of other authorities, central organs and local organs.

Article two hundred seven.

One. They will be central organs:

a) The Minister of Housing.

b) The Central Planning Commission; and

c) The General Direction of Urbanism.

Two. They will be local organs:

a) The Provincial Planning Commissions.

(b) The Councils, under normal conditions or in urban management; and

c) Provincial Diputations and Island Cabildos.

Article two hundred eight.

One. The Urban Housing Ministry's urban bodies will perform their respective functions in a hierarchical order.

Two. Urban planning bodies may delegate to the immediate lower hierarchy, by a specified and renewable term, the exercise of the powers they deem appropriate for the greater effectiveness of the services.

Three. It may also be possible for any higher body to obtain the knowledge of the case which is competent for the lower hierarchy and to review the action of the latter.

Article two hundred nine.

The jurisdiction of articles thirty-three, thirty-six. Two, thirty-seven, one hundred and seventy-five, one hundred and eighty-one, one hundred and eighty-two, one hundred and eighty-nine and one hundred and ninety-nine of this Law shall be exercised interchangeably by any of the Agencies referred to in each of these precepts.

CHAPTER SECOND

Central organs

Article two hundred ten.

One. The Central Planning Commission, under the Ministry of Housing, is the top advisory body for planning and planning.

Two. The Central Planning Commission will be chaired by the Assistant Secretary for Housing.

Three. They will be part of the Commission, in the number and form to be regulated, representatives of the ministerial departments, local corporations, trade union organization, public corporations whose activity is immediately related to planning and planning, and up to a maximum of five vowels appointed by the Minister of Housing among persons of accredited competence in any of the specialties of urban planning.

Four. They shall also be part of the Commission:

(a) When the Territorial Directors of Coordination are submitted to their report: the Presidents of the Provincial Diputations and the Mayors of the provincial capitals and municipalities of more than twenty thousand inhabitants affected.

b) the representatives of the ministerial departments with a category of Director-General, who appoint the respective Ministers for each case, in relation to the matters of their special competence.

Five. The Commission shall act in plenary, Sections and Ponences, with the composition and functions to be determined in a regulated manner.

Six. The President may convene the meetings of the authorities or technical staff whom he considers appropriate for the best advice of the Commission.

Article two hundred eleven.

One. The Central Planning Commission will inform preceptively with character prior to the approval of the National Plan of Ordination, the Planning Territorial Directors and the Municipal General Plans of Management of the capitals of the province and municipalities of more than fifty thousand inhabitants, and whenever their report is required by any legal or regulatory provision.

Two. The Minister of Housing may also submit to the Central Planning Commission how many matters relating to his competence should be appropriate.

Three. When the Minister of Housing sets out the precept report of the Central Planning Commission, the resolution of the matter shall be the responsibility of the Council of Ministers.

Article two hundred twelve.

The Directorate General of Urbanism will act as a permanent body in charge of the preparation of the affairs of the Central Planning Commission and the management and implementation of the agreements of the Ministry of Housing.

THIRD CHAPTER

Local Organs

Article two hundred thirteen.

One. The Provincial Planning Committees will be chaired by the provincial civil governor, and they will be represented by the Local Corporations and State Services.

Two. The faculties of the Provincial Planning Committees will be informative, manager, resolutive and audit and will be directed especially to guide, encourage and inspect the planning and the realization of the necessary works for urban development

Article two hundred fourteen.

The urban competition of the Ayuntamas will comprise all the faculties that being of local nature would not have been expressly attributed by the present Law to other Organisms.

Article two hundred fifteen.

One. Councils may request that an urban management be established to study, guide, direct, execute and inspect planning.

Two. In order to promote urban management, it will be accompanied by the request for the justification of the proposal, with an exhibition of the plans, the functional regime and the projected economic and financial resources.

Three. The approval of the management regime will be the responsibility of the Council of Ministers, on a proposal from the Government, after the Minister of Housing has been informed.

Four. The Manager will be appointed by the Minister of the Interior, on a proposal from the Councils, and the designation may be placed on any member of the Municipal Corporation or in whom it will not hold such a character, provided that one or the other is especially trained.

Five. The ministerial provision constituting the Management shall determine its powers.

Article two hundred sixteen.

One. Municipalities may be a voluntary community for the development of their urban competence.

Two. The Ministry of Housing may propose to the Ministry of the Interior the constitution of forced municipal groupings for the same purpose, when it is advisable and there is no initiative or agreement between the municipalities affected.

Three. The Management System may be established in the same case and regulated by the previous Article.

Four. Constituted by the Commonwealth or Grouping, the corresponding municipal powers shall be exercised through the common organization, which shall ensure that in the development of those who have been booked or delegated to the Councils separately the provisions of this Law and the current urban planning are observed in a timely manner.

Five. The Commonwealth or Forced Grouping shall retain its status as a Local Administration Body, even if it has a grant and representation of the State.

Article two hundred seventeen.

One. The Diputaciones y Cabildos Insulas, in addition to their competence for the formation and execution of the Territorial Coordination Directors, will cooperate with the Councils in the formation, effectiveness and implementation of the municipal and regional plans. intermunicipal.

Two. When the Ayvocios show obvious negligence in the fulfillment of their urban obligations, they will be able to assume the Provincial Diputations and, if necessary, the Island Cabildos, after authorization from the Ministry of the Interior.

Article two hundred and eighteen.

If any City Council seriously fails to comply with the obligations arising out of this Law or the current urban planning, or will act in general with notorious negligence, the Minister of the Interior, on a proposal from the Housing, may appoint a Manager or transfer the necessary privileges of the Municipal Corporation to the Provincial Planning Commission, which will exercise them through a special committee highlighted by its bosom and in which it will have representation on City Hall.

TITLE VII

Legal Regime

CHAPTER FIRST

Petitions, Acts, and Agreements

Article two hundred nineteen.

Local Corporations and Urban Organizations will have to resolve the substantiated requests addressed to them under this Law or to state the reasons for failure to do so.

Article two hundred and twenty.

The decisions to be taken by the Minister for Housing, the Provincial Planning Committees, the Provincial Diputations or the Island Councils by means of justified subrogation in the exercise of the municipal competence shall be regarded as acts of the titular Corporation, for the sole purpose of the eligible resources.

Article two hundred and twenty-one.

One. The administrative acts which are produced in the exercise of the functions governed by this Law may be recorded or entered in the Land Registry, in accordance with the provisions of the mortgage legislation, as appropriate, by agreement. of the Provincial Planning Commission, either on its own initiative or on a proposal from the Corporation in charge of urbanization.

Two. The provisions of the foregoing paragraph shall be without prejudice to the cases provided for by other provisions of this Law, in which the intervention of the Provincial Commission shall not be necessary.

Article two hundred and twenty-two.

The acts and agreements of the Authorities, Corporations and Urban Organs that do not require governmental approval shall be immediately executive, without prejudice to the resources established by the Law.

Article two hundred and twenty-three.

One. The City Councils may use the enforced execution and the award path to require the owners, individuals or associates, and the town planning companies to perform their duties.

Two. The enforcement and award procedures shall be directed primarily against the property of persons who have not fulfilled their obligations, and only in the event of insolvency vis-à-vis the Administrative Association of Landlords.

Three. They may also exercise the same powers, at the request of the Association, against owners who fail to fulfil the commitments made to it,

Article two hundred twenty-four.

One. Municipal agreements which constitute a manifest infringement of existing urban rules may be suspended within the year following their notification or publication where this is required by the Organs and with the procedure laid down in Article 1 (1) of the Treaty. and effects that are foreseen in the article one hundred and eighty-six, simultaneously adopting the measures relevant to the effectiveness of the provisions violated.

Two. The Local Entities may review their acts and arrangements in the area of urbanism on their own initiative in accordance with the provisions of Articles 100 and 9 of the Law on Administrative Procedure.

CHAPTER SECOND

Urban Infractions

Article two hundred twenty-five.

The violation of the prescriptions contained in this Law or in the Plans, Programs, Standards and Ordinance will have the consideration of urban infractions and will lead to the imposition of sanctions on those responsible, the obligation to pay damages and compensation for the loss of damages in charge of the damage, regardless of the measures provided for in Articles 80 and 80 and 7 of this Law and of the Criminal order responsibilities in which the offenders may have incurred.

Article two hundred and twenty-six.

One. Urban infractions shall be classified as serious and minor in the form that they are regulated.

Two. In principle, they shall have serious infringements which constitute non-compliance with the rules relating to parcels, land use, height, volume and status of the buildings and permitted occupation of the area of the parcels.

Three. The urban infractions shall be sanctioned in accordance with the provisions of Articles 100 and thirty and three and following of the Law of Administrative Procedure.

Article two hundred and twenty-seven.

The penalties that may be imposed as a result of this Law will be determined, adapting them to the classification of urban infractions.

Article two hundred and twenty-eight.

One. In works that are executed without a license or with non-compliance with their clauses, they shall be subject to fines, in the amount determined in this Law, the promoter, the employer of the works and the technical director of the works.

Two. In the works covered by a licence, the content of which is manifestly constituting a serious urban infringement, it shall also be subject to a fine: the optional person who has informed the project and the members of the Corporation which has voted in favour of granting the licence without the prior technical report, or where it is unfavourable by reason of that infringement, or the warning of illegality provided for in the rules of procedure has been made local.

Three. The professional associations which have entrusted the visa of the precise technical projects for obtaining licences, in accordance with the provisions of Article 1 (1), 70 and eight, shall refuse such a visa to those who have any of the Infringements provided for in Article 200-six-point two.

Four. The fines imposed on the individual subjects as a result of the same infringement shall be independent of each other.

Five. In order to graduate the fines, the seriousness of the matter, the economic entity of the facts constituting the infringement, its reiteration on the part of the person responsible and the degree of guilt of each of the offenders.

Six. The competent authorities to impose fines and the maximum amounts of fines shall be as follows:

[a] The Mayors: In the municipalities that do not exceed ten thousand inhabitants, one hundred thousand pesetas; in those that do not exceed fifty thousand inhabitants, five hundred thousand pesetas; in those that do not exceed a hundred thousand inhabitants, one million In those who do not exceed five hundred thousand inhabitants, five million pesetas; and in those of more than five hundred thousand inhabitants, ten million pesetas.

b) The Civil Governors, prior to the report of the Provincial Planning Commissions, up to twenty-five million pesetas.

c) The Minister of Housing, prior to the report of the Central Planning Commission, up to fifty million pesetas.

d) The Council of Ministers on a proposal from the Housing Council and a report from the Central Planning Commission, up to a hundred million pesetas.

Seven. In the case of illegal parcels, the amount of the fine may be extended to an amount equal to all the benefit obtained, plus the damage caused, and the amount of the penalty shall never be less than the difference between the initial value and the for sale of the corresponding parcel.

Article two hundred twenty-nine.

Those who, as a consequence of an urban infringement, suffer damage or injury may require of any of the offenders, with solidarity, compensation and compensation.

Article two hundred thirty.

One. The urban infractions shall be prescribed for the year of being committed, except where in this Law a higher deadline is set for its sanction or review,

Two. The limitation period shall begin to be taken into account from the day on which the infringement was committed or, where appropriate, from the date on which the proceedings were initiated.

Article two hundred and thirty-one.

Where the benefit resulting from an urban infringement is higher than the corresponding penalty, it may be increased by the amount equivalent to the benefit obtained.

THIRD CHAPTER

Responsibility for Administration

Article two hundred and thirty-two.

The origin of compensation for the annulment of a licence in administrative or administrative proceedings shall be determined in accordance with the rules governing the administration's liability in general. In no case shall there be compensation if there is any serious negligence, guilt or negligence attributable to the injured party.

CHAPTER FOURTH

Actions and Resources

Article two hundred and thirty-three.

The agreements of the Provincial Planning Commission or its President, as well as those referred to in paragraph (b) of Article two hundred and twenty-eight, shall be subject to appeal to the Minister of Housing.

Article two hundred and thirty-four.

All matters that are raised on occasion or as a consequence of the acts and conventions regulated in this Law between the Ministry of Housing or Local Corporations shall have legal and administrative character. owners, individual or associate or town planning companies, including those relating to land transfers for urbanisation or construction.

Article two hundred and thirty-five.

One. The action to require before the administrative bodies and the Contentious-Administrative Courts the observance of the planning legislation and of the Plans, Programs, Projects, Standards and Ordinance will be published.

Two. If such action is motivated by the execution of works deemed to be unlawful, it may be exercised during the execution of such works and up to a year after its termination.

Article two hundred and thirty-six.

The owners and holders of real rights, in addition to what is provided for in the previous article and in the two hundred twenty-nine, will be able to require before the ordinary courts the demolition of the works and installations that will violate the statuesque with regard to the distance between buildings, wells, tanks, or pits, community of constructive or other urban elements, as well as provisions relating to uncomfortable, unsanitary or dangerous uses, which are directly to protect the use of other farms.

Article two hundred and thirty-seven.

One. The acts of the Local Entities, whatever their object, that ends the administrative route shall be directly applicable to the Jurisdiction-Administrative Jurisdiction.

Two. The acts of definitive approval of Planning Plans and urbanization projects shall be impeachable in the case of the administrative-administrative jurisdiction in the terms prevented in the twenty-nine article of the Law regulating such jurisdiction.

FINAL PROVISIONS

First.

The provisions of this Law are repealed with the provisos contained in the following provisions.

Second.

The articles one hundred and seventy-five to one hundred and seventy-seven and one hundred and ninety-eight to two hundred one, including, of this Law shall be repealed at the entry into force of the Law of Bases of the Statute of Local Regime, and They shall be replaced by the precepts of the same to the content of those provisions. The provisions of the articles one hundred and eighty-eight bis and one hundred and eighty-eight of the Law number nineteen/thousand nine hundred and seventy-five, of two May, of Reform of the Law on Soil Regime and Urban Ordination of Twelve of May of a thousand nine hundred and fifty-six will enter into force at the same time as the aforementioned Bases Act of the Local Regime Statute.

Third.

One. The Government, where the circumstances so advise, may raise, by decree, after obtaining the opinion of the Council of State, the amounts of the reserves and the forecasts referred to in Articles 12, 1, b) and 13, 2, b), c), d) and e). Such amounts may be reduced only if exceptional circumstances so require, after favourable opinion of the Council of State. The Government may also establish other reservations and forecasts of a similar nature on the proposal of the Minister of Housing, and, where appropriate, of the holder of this Department and the Minister responsible for the matter.

Two. The Government is authorised to establish, by means of a decree, the criteria under which the General Plans have to fix the amount of the reserves and forecasts applicable to the urban land or, where appropriate, to determine its value directly, depending on the urban circumstances of the affected populations.

Three. The Government, by Decree, on a proposal from the Ministry of Housing, will fix the conditions and proportion in which the construction of social housing can be attached, the building surface resulting from public actions for the creation of urbanised land, corresponding to the use referred to in Articles 80 and 4, three and eighty and five point two, as well as their disposal at a cost or lower price, when housing is promoted by Entities Public or non-profit.

Fourth.

The Government is authorized to review the composition of the Provincial Planning Commissions and, upon the proposal of the Minister of Housing, and after the State Council's opinion, to review the composition of the Provincial Planning Committees. Circumstances advise, modify that same composition and that of the Central Planning Commission

Fifth.

The Government is authorized to adapt by Decree, on a proposal from the Minister of Housing, the amount of the fines set out in Article two hundred and twenty-eight, to the evolution of the socioeconomic circumstances according to the General weighted index of wholesale prices published by the National Statistics Institute.

Sixth.

The Government, in the six months following the approval of the recast text of the Law on Soil and Urban Planning, will dictate by decree, on the proposal of the Minister of Housing, after the opinion of the State Council, the General Regulation or, where appropriate, the partial regulations it deems appropriate for the development and implementation of this Law.

Seventh.

This law will apply in Alava in all that it does not oppose the economic and administrative specialties that make up its own regime. It shall also apply in Navarre, without prejudice to the Law of 16 August 1990, on the arrangements of its Provincial and Provincial Diputación and of the Navarre Municipalities, as well as the other provisions of the Law of peculiar law, recognized by the Royal Decree-law of four November of a thousand nine hundred and twenty-five.

TRANSIENT PROVISIONS

First.

One. The existing General Planning Plans will now be adapted to the provisions of this Law. Adaptation may be limited to soil classification, determination of the average utilisation and incorporation of the relevant programme.

Two. The Local Entities shall forward the proposals for adaptation to the competent bodies for the approval of the plans, within four years of the entry into force of the Law number nineteen/thousand nine hundred and seventy five, two years May, reform of the Law on Soil Regime and Urban Ordination of Twelve of May of a thousand nine hundred and fifty-six.

Three. The Government, on a proposal from the Minister for Housing, may, in justified cases, reduce or extend this period by two years.

Four. Proposals for adaptation shall be subject to the same procedure laid down for the approval of the plans, without application in such cases of the approval by administrative silence provided for in Article 40 and one of the provisions of this Regulation. Law.

Five. If the adaptation proposals are not submitted for approval within the specified time limits, the Ministry of Housing or the Provincial Planning Committees, if any, shall draw up and carry out the proposals on their own initiative.

Six. The provisions of this transitional provision shall in any event be without prejudice to the immediate application of the rules for the accommodation of the urban territorial contribution referred to in the sixth final provision of the Law No Nineteen/thousand nine hundred and seventy-five, of two of May, of Reform of the Law on Soil Regime and Urban Planning of twelve of May of one thousand nine hundred and fifty-six, by virtue of the variations of soil qualification in the Vigentes Plans which are determined by the application of this Law.

Second.

As long as the adaptation provided in the previous provision is not carried out, the following rules will be taken into account:

One. The partial plans definitively approved prior to the entry into force of Law number nineteen/thousand nine hundred and seventy-five, of two May, which are not in course of execution according to the following transitional arrangement and those which are definitively approved subsequently shall be implemented in accordance with the provisions of this Law. For the purposes of Article 80 and four, it shall be understood as a means of using the medium that results from the Partial Plan within its own scope.

Two. The partial plans that are initially approved after the entry into force of the Law of Reform of the Law on Soil and Urban Planning will be in accordance with the provisions of Article 13 and will develop the determinations that For the different soil ratings, they establish the respective General Urban Planning Plans.

Third.

The partial plans which are in progress for the entry into force of Law number nineteen/thousand nine hundred and seventy-five, of two of May, will continue to be carried out according to the precepts of the Law of Regime of the Urban Soil and Ordination of twelve of May thousand nine hundred and fifty-six.

For these purposes, they will be understood to be in progress:

(a) In the system of cooperation, when the summons of the owners by the City Council has been produced, as referred to in Article 100, 18 of the Law of the Soil and Urban Planning of Twelve of May, nine hundred and fifty-six.

(b) In the system of expropriation, where the delimitation of the polygon of expropriation referred to in Article 1 (1) (a) of the Law of 12 May of a thousand nine hundred is definitively approved. Fifty-six or, where appropriate, the delimitation of the expropriatory polygon would have occurred with the definitive approval of the corresponding Partial Plan, or the delimitation of the Urban Urban Action Area would have been carried out in the terms prevented in their special legislation.

(c) In the clearing system, where the competent planning authority has approved the constitution of the Board of Compensation.

(d) In the system of disposal of road land, where the implementation of the development works by the City Council has been agreed by the City Council, in the terms of Article 100, 30, two of the expressed Law of twelve of May of one thousand nine hundred and fifty-six.

Fourth.

The precepts of Law fifty-two/thousand nine hundred and sixty-two, of twenty-one of July, on the valuation of land subject to expropriation in execution of the Housing and Urban Planning Plans, will cease to be applied in the municipalities which have approved their General Plans, in accordance with the provisions of this Law or, where appropriate, have carried out the adaptation referred to in the first transitional provision.

The actions that would have been initiated under the aforementioned Law of twenty-one of July of a thousand nine hundred and sixty-two will continue to be developed according to their norms.

Also, until the current General Planning Plans are adapted to this Law, in accordance with the transitional provision first, or, if necessary, new General Municipal Plans of Management, the Government, by means of Decree, on the proposal of the Minister of Housing, may agree to apply the provisions of this Law for the Program of Urban Action, in the cases regulated in the article one hundred and forty nine, to the areas or areas to be determined in the Decree itself, whatever the classification or use urban development of the land they understand.

Fifth.

One. The Government shall, within one year, draw up and submit to the Courts a draft of the National Planning Plan, in accordance with the provisions of Article 7 of this Law, in which the generic guidelines of the urban structure and regional planning and planning of the territory.

Two. Until such time as the National Planning Plan is approved, Territorial Directors ' Plans may be formulated and approved with the content and the procedure laid down in Articles eight and thirty-nine of this Law.

Three. The municipalities that will not count, at the entry into force of this Law, with Plan General of Urban Planning approved or in processing will have to formulate, within one year, plan of delimitation of urban land established in the article eighty and one point two.

The Provincial Planning Committees shall be subrogated to the provisions of the preceding paragraph when the City Councils have not formulated the project within the time limit specified therein.

Four. Plans relating to areas or centres of tourist interest, which are dealt with under their specific legislation, shall be in accordance with the determinations of the plans provided for in this Law without prejudice to any of the contain according to their purpose.

Table of vigencies of provisions affected by Law 19/1975 of 2 May, reform of the Law on Soil and Urban Planning

Decree of one of March of one thousand nine hundred and forty-six, Urban and Urban Planning of Bilbao and its Zone of Influence: Vigente in terms of its organic structure and functions, without prejudice to the general applicability of the recast text.

Decree of twenty-three of May of one thousand nine hundred and forty-seven, Regulations of Organization and Operation of the Administrative Corporation "Gran Bilbao": Vigente as to its organic structure and functions, without prejudice to the general applicability of the recast text.

Decree of fourteen of October of a thousand nine hundred and forty nine, Urban Planning of Valencia and its Comarca: Vigente in terms of its organic structure and functions, without prejudice to the general applicability of the recast text.

Law of sixteen of December of a thousand nine hundred and fifty-four, on Compulsory Expropriation: Affected by the Articles sixty-four to sixty-seven; one hundred and three and one hundred and thirty-four to one hundred and forty-five of the present recast text.

Law of twelve of May of one thousand nine hundred and fifty-six, of Soil Regime and Urban Ordination: Repealed as its precepts are integrated into the recast text.

Decree of twenty-one of August of one thousand nine hundred and fifty-six, approval of the Coefficient of Urban Valuation. Repealed without prejudice to the fourth transitional provision of the recast text.

Order of twenty-seven of March of a thousand nine hundred and fifty-eight, Joint Committee charged with coordinating the management of the Ministries of Public Works and Housing in the problems that affect them in common: Vigente.

Order of twenty of June of a thousand nine hundred and fifty-eight, mixed commission constituted by representatives of the Ministries of Public Works and Housing for the study of the problems that affect them in common in the nuclei Lindantes with the coasts and beaches: Vigente.

Law forty-three/thousand nine hundred and fifty-nine, of thirty July and Decree-law four/thousand nine hundred and seventy-two, of thirty June, National Institute of Urbanization: Vigente, The reference of article four, number four, to the article one hundred and thirty-eight of the Law of twelve of May of one thousand nine hundred and fifty-six must be understood made to the article one hundred and fifteen of the recast text.

Order of twenty-one of April of a thousand nine hundred and sixty-one, concessions of agricultural use on land reserve assets of the National Institute of Urbanization: Vigente.

Decree 1, 60 and 6/a thousand nine hundred and sixty, of twenty-three May, articulated text of the Special Law of Barcelona:

Article forty-nine: Affected by the ninth, ten, eleven, twelve, and thirteen articles of the recast text.

Article fifty: Affected by articles eighty-three, eighty-four, eighty-five, ninety-nine and one-hundred recused text.

Article fifty-one: Affected by the ninth, ten, eleven, twelve, thirteen, eighty-three, eighty-four, eighty-five and five-and-five-twenty-five articles of the recast text.

Article fifty-two: Affected by articles sixty-four, sixty-five, one hundred and fourteen, one hundred and thirty-four to one hundred and forty-five of the recast text.

Article fifty-three: Affected by articles one hundred and one hundred and twenty-eight of the recast text.

Article fifty-four: Affected by articles one hundred and one hundred and twenty-eight of the recast text.

Article fifty-five: Affected by articles one hundred and nineteen and one hundred and twenty-seven of the recast text.

Article fifty-six: Affected by article one hundred and forty-two of the recast text.

Article fifty-seven: Vigente.

Article fifty-eight: Vigente.

Decree mil ninety-four/thousand nine hundred and sixty-one, of 22 June, teaching buildings in population centres constituted by houses of official protection: Affected by the system of endowments and cessions of the Recast text (Articles 13, 80 and three, eighty-four and eighty-five).

Decree two thousand four hundred and fourteen/thousand nine hundred and sixty-one, of thirty November, Regulation of Molestas, Insalubres, Noxious and Dangerous Activities: Vigente.

Decree four hundred and eighty-five/thousand nine hundred and sixty-two, of twenty-two of February, Regulations of Mountains, article thirty: Vigente.

Order of fourteen of March of a thousand nine hundred and sixty-two, Provincial Commissions of Urbanism: Vigente, without prejudice to the fulfillment of the authorized in the fourth final disposition of the recast text.

Order of twenty-four in May of a thousand nine hundred and sixty-two, standards of development of Decree mil ninety-four/thousand nine hundred and sixty-one: Affected by the system of endowments and disposals of the recast text (articles thirteen, Eighty-three, eighty-four and eighty-five).

Law fifty-two/thousand nine hundred and sixty-two, of twenty-one of July, of valuation of land subject to expropriation in execution of Plans of Housing and Urbanism: Repealed, without prejudice to the transitional provision fourth of the recast text.

Decree three hundred and forty-three/thousand nine hundred and sixty-three, of twenty-one of February, valuation of land subject to expropriation in execution of Plans of Housing and Urbanism: Repealed, without prejudice to the provision fourth transient of the recast text.

Order of fifteen of March of a thousand nine hundred and sixty-three, instruction for the application of the Regulation of Molestas, Insalubres, Noxious and Dangerous Activities. Current.

Decreto mil five hundred ten/mil novehundred sixty y tres, de fives de june, rales sobre enajenación de plots propria del Instituto Nacional de Urbanización: Vigente.

Decree thousand six hundred and seventy-four/thousand nine hundred and sixty-three, of 11 July, articulated text of the Special Law for Madrid:

Article sixty-five: Affected by the ninth, ten, eleven, twelve, and thirteen articles of the recast text.

Article sixty-six: Affected by articles eighty-three, eighty-four, eighty-five, ninety-nine and one-hundred recused text.

Article sixty-seven: Affected by the ninth, ten, eleven, twelve, thirteen, eighty-three, eighty-four, eighty-five and twenty-five and twenty-five articles of the recast text.

Article sixty-eight: Affected by articles sixty-four, sixty-five, one hundred and fourteen, one hundred and thirty-four to one hundred and forty-five of the recast text.

Article sixty-nine: Affected by articles one hundred and one hundred and twenty-eight of the recast text.

Article seventy: Affected by articles one hundred and one hundred and twenty-eight of the recast text.

Article seventy-one: Affected by articles one hundred and nineteen and one hundred and twenty-seven of the recast text.

Article seventy-two: Affected by article one hundred and forty-two of the recast text.

Article seventy-three: Vigente.

Article seventy-four: Effective.

Article seventy-five: Vigente.

Law one hundred and twenty-one/thousand nine hundred and sixty-three, of two December, Metropolitan Area of Madrid: Vigente, without prejudice that the referrals of the Law of twelve of May of one thousand nine hundred and fifty-six are understood to be made to the Recast text, and the general applicability of it to everything that is not regulated in the Special Law. The planning figures in force are those of the Law of Reform, and consequently, those contained in said recast text, the provisions of Law one hundred and twenty-one/thousand nine hundred and sixty-three, two of December, being affected as soon as possible. do not conform to them.

Law one hundred and fifty-eight/one thousand nine hundred and sixty-three, of two December, on modification of Planning Plans and urbanization projects when they affect green areas or free spaces foreseen in them. Repealed, as its precepts are integrated into the recast text.

Law one hundred and ninety-seven/thousand nine hundred and sixty-three, of twenty-eight of December, Centers and Zones of National Tourist Interest: Vigente in what does not object to the present recast text and without prejudice to the fulfillment of the The third final provision of the Law of two May of one thousand nine hundred and seventy-five of the Reformation of the Soil and Urban Ordination.

Decree six hundred and thirty-five/thousand nine hundred and sixty-four, of five March. Regulation of Forcible Building and Municipal Registry of Solares: Vigente until the publication of a new Regulation that replaces it and as long as it does not object to the present recast text.

Decree-Law five/thousand nine hundred and sixty-four, of twenty-three of April, Expropriation and Valuation of Land in the Polos of Promotion and Industrial Development: Replaced by the rules of valuation and procedure expropriatory (articles one hundred and three and one hundred and thirty-four to one hundred and forty-five) of the recast text, without prejudice to the application of its fourth transitional provision.

Decree thousand seven hundred and fifty-three/thousand nine hundred and sixty-four, of 11 June, rules to avoid clandestine constructions, articles second to seventh, including: Replaced by articles one hundred and eighty-four One hundred and eighty-eight and two hundred and twenty-two hundred and thirty-five of the recast text as to the assumptions referred to in paragraphs (b) and (c) of Article one and affected as to the assumption of paragraph (a) of the same article.

Order of twenty-four in July of a thousand nine hundred and sixty-four, for which rules on administrative actions are dictated in the Municipal Register of Solares and other buildings of forcible building and the leaves are approved of the book Record and its indices: Vigente.

Decree two thousand eight hundred and fifty-four/thousand nine hundred and sixty-four, of 11 September, procedure of compulsory expropriation in the Polos of Promotion and Industrial Development, article seventh: Replaced by the rules for the expropriation of the recast text, without prejudice to the application of its fourth transitional provision.

Decree three thousand and eighty-eight/thousand nine hundred and sixty-four, of twenty-eight September, Regulation of the Metropolitan Area of Madrid: Vigente, without prejudice to the referrals to the Law of twelve of May of a thousand nine hundred Fifty-six are understood to be made to the recast text and the applicability of it to everything that is not regulated in the Special Law and its Rules of Procedure. The planning figures in force are those of the Law of Reformation, and therefore those contained in said recast text, the provisions of Law one hundred and twenty-one thousand nine hundred and sixty-three, two of December and its Regulation approved by Decree three thousand and eighty eight/thousand nine hundred and sixty-four, of twenty-eight of September as soon as they do not conform to them.

Decree four thousand twenty-six/thousand nine hundred and sixty-four, of three December, Regulation for which the first and second titles of the articulated text of the Special Law of the Municipality of Barcelona are developed:

Article One hundred and eleven: Affected by articles thirteen and seventeen to twenty-five of the recast text.

Article one hundred twelve: Affected by Decree-law five/thousand nine hundred and seventy-four, of twenty-four of August, Decree three thousand two hundred and seventy-six/thousand nine hundred and seventy-four, of twenty-eight of November, three thousand Two hundred and eighty-thousand nine hundred and seventy-four, of twenty-eight November, and, as applicable, by Articles thirty-one to thirty-five and thirty-nine to forty-one of the recast text.

Article cent thirteen: Affected by articles ninth to thirteen and twenty-three of the text recast.

Article one hundred and fourteen: Repealed, as replaced by Articles fourteen, thirty-five e) and forty-forty and one of the recast text.

Article one hundred fifteen: Affected by the Decree-law five/thousand nine hundred and seventy-four, of twenty-four of August.

Articles 120 to 120: Modified by the articles ninety-four to one hundred and two of the recast text in what remains after the approval of the Reparations Regulation of 7 April thousand nine hundred and sixty-six.

Article one hundred and twenty-one: Affected by articles eighty-three, eighty-four, eighty-five, ninety-nine and one-hundred recused text.

Article one hundred and twenty-two: Affected by articles one hundred and one hundred and twenty-eight of the recast text.

Articles 1 and 23 to twenty-six: Affected by the articles ninety-four to one hundred and two of the text recast in what remains after the approval of the Reparations Regulation of 7 April of a thousand nine hundred and sixty-six.

Article one hundred and twenty-some.a): Modified by article seventy-eight of the recast text.

Article one hundred and twenty-two: Modified by article one hundred and seventeen of the recast text.

Article one hundred and twenty-eight: Vigente.

Article one hundred and twenty-one: Modified by articles eighty-three, eighty-four and eighty-five of the recast text.

Article one hundred and twenty-two: Modified by articles eighty-two to eighty-five and one hundred and twenty-five-twenty-five of the recast text.

Article one hundred and twenty-three, four and five: Effective.

Articles One hundred and thirty-one hundred and thirty-one: Vigents in the unaffected by the article one hundred and forty-two of the recast text and by the Reparation Regulation.

Article one hundred and thirty two: Effective in the unmodified by the Reparation Regulation.

Article one hundred and thirty-three: Effective in the unmodified by the Reparation Regulation.

Article One hundred and thirty-four: Vigente.

Article one hundred and thirty-five: Vigente. References shall be construed as references to Articles 60 and 60 and one of the recast text.

Decree four thousand two hundred and ninety-seven/thousand nine hundred and sixty-four, of twenty-three December, Regulation of the Law on Centers and Zones of National Tourist Interest: Vigente in what does not object to the present text recast and without prejudice to the fulfillment of the final provision of the third of the Law of two of May of one thousand nine hundred and seventy-five of Reformation of the Soil and Urban Ordination.

Law eighty-six/thousand nine hundred and sixty-five, of seventeen of July, of limitation, acquisition, management and urbanization of residential and industrial estates that are located at the poles of promotion and development industrial and decongestion.

Article 2: Replaced by the rules on the valuation and the expropriation procedure (Articles 3 and 3 and 4 to one hundred and fourty-five) of the recast text, without prejudice to the application of the Transitional provision fourth.

Decree mil six/mil novehundred sixty-six, of seven April, Regulation of Soil Repairs affected by urban planning plans: Vigente until the publication of the new Regulation that replaces it and as long as it does not object to this recast text.

Decree thousand four hundred and eighty-three/thousand nine hundred and sixty-six, of sixteen June in the disposal of parcels owned by the National Housing Institute for buildings of public or social interest: Current.

Decree thousand seven hundred and forty-four/thousand nine hundred and sixty-six, of thirty June, for which the tax benefits are regulated to the Urban Contribution, Recargos and Local Arbitration, referred to in the Law of Soil: Amended by Articles two to two hundred and six of this recast text.

Decree nine hundred seventeen/thousand nine hundred and sixty-seven, of twenty April, foreign publicity: Vigente, the reference to the thirteen and the following articles of the Law of twelve of May of a thousand nine hundred and fifty-six understands the articles seventeen and the following of the recast text.

Decree two thousand one hundred and eighty-three/thousand nine hundred and sixty-eight, of sixteen of August application of the Regulation of Molestas Activities, Insalubres, Noxious and Dangerous in the areas of public domain and on activities Directly enforceable by official bodies: Affected by article one hundred and eighty of the recast text.

Order of twenty May from one thousand nine hundred and sixty-nine. Provisional ordinances of housing for official protection:

First And Third Ordinances: Affected by the rules of planning of the recast text (articles twelve to fifteen).

Ordinance 11: Modified by article seventy-four of the recast text.

Ordinance twenty-one: Modified by article seventy-five of the recast text.

Ordinance twenty-two: Affected by articles twelve and thirteen of the recast text.

Order of twenty-six of May of a thousand nine hundred and sixty-nine: Standards for the disposal of plots and the disposal of roads, parks and gardens and networks of public services in polygons and land owned by the National Institute of Housing: Vigente.

Decree-Law seven/thousand nine hundred and seventy, of twenty-seven of June, urgent urban actions. It shall be exhausted without prejudice to its application to the areas of action already defined.

Decree three thousand four hundred twenty-one/thousand nine hundred and seventy-two, of eleven of February, National Institute of Urbanization. Reorganization: Effective.

Decree four hundred and fifty-eight/thousand nine hundred and seventy-two, of twenty-four February, liberation of expropriations to the files promoted for urban reasons: Vigente.

Law eight/a thousand nine hundred and seventy-two, of ten May, Autopacks:

Article twenty-three (c) and four (c): Affected by the new classification and legal regime of the soil of the recast text.

Decree a thousand nine hundred and ninety-four/thousand nine hundred and seventy-two, of thirteen of July, organization of the Ministry of Housing: Vigente, except its final disposition third.

Order of twenty-seven of January of a thousand nine hundred and seventy-three, Organic Regulation of the Provincial and Special Delegations of the Ministry of Housing: Vigente.

Order of four March of a thousand nine hundred and seventy-four, circumstances and requirements to be recorded in the minutes of urban expropriation: Vigente.

Decree-Law five/thousand nine hundred and seventy-four, of 24 August, Metropolitan Municipal Entity of Barcelona: Vigente, without prejudice to the references to the Law of twelve of May of one thousand nine hundred and fifty-six they understand the recast text and the applicability of it to everything that is not regulated in the Decree-Law. The planning figures in force are those of the Law of Reform and therefore those contained in the recast text, the provisions of the Decree-Law five/mil nine hundred and seventy-four of twenty-four being affected. August as soon as they do not conform to them.

Decree three thousand two hundred and seventy-six/thousand nine hundred and seventy-four, of twenty-eight November, Regulation on the organization and operation of the Metropolitan Municipal Entity of Barcelona: Vigente, without prejudice to the compliance with the authorized in the fourth final provision of the recast text and that the referrals to the Law of 12 May of a thousand nine hundred and fifty-six are understood to be made to the recast text and the applicability of it to all the regulated in the Decree-Law and its Rules of Procedure. The planning figures in force are those of the Law of Reformation, and consequently, those contained in said recast text, the provisions of the Decree-Law five/thousand nine hundred and seventy-four, twenty-four, being affected. August, and in the Regulation approved by Decree three thousand two hundred and seventy-six/thousand nine hundred and seventy-four, of twenty-eight of September as soon as they do not conform to them.

Decree three thousand two hundred and eighty/thousand nine hundred and seventy-four, of twenty-eight of November, Provincial Commission of Urbanism of Barcelona: Vigente, without prejudice to the authorized in the fourth final disposition of the recast text and that the referrals to the Law of twelve of May of a thousand nine hundred and fifty-six are understood to be made to the recast text and the applicability of it to everything not regulated in the Decree-Law and in this Decree.

Law fifty-one/thousand nine hundred and seventy-four, of 19 December, of Roads, articles thirty and seven and forty and four: Affected by the new classification and legal regime of the text recast.

Law nineteen/thousand nine hundred and seventy-five, of two May of Reform of the Law on Soil Regime and Urban Planning: Integrated its precepts in the recast text, except for its final provisions third, fourth, Sixth and 13th, which, independently, remain subsisting.

Given in Madrid to nine of April thousand nine hundred and seventy-six.

JOHN CARLOS

The Minister of Housing,

FRANCISCO LOZANO VICENTE