Use of the authorization granted by article ten point four of the law regime legal of the administration of the State, twenty-six of July, one thousand nine hundred fifty and seven and available to finish second of the law regime of soil and urban planning, from two of may one thousand nine hundred seventy and five, on the proposal of the Minister of housing , in accordance with the opinion of the Council of State in plenary, and prior deliberation of the Council of Ministers at its meeting of the nine day of April, one thousand nine hundred and seventy-six, I have: title preliminary purposes and scope of the law article first.
Subject of this Act is the the urban planning throughout the national territory.
Urban activity shall cover the following aspects: to) urban planning.
(b) Regulation of urban land.
(c) execution of the developments.
(d) promotion and intervention of the exercise of the powers Sunday concerning the use of the land and building.
One. Concerning urban planning competition shall include the following powers: to) write a national Management Plan.
b) form plans coordination territorial Directors, municipal plans, complementary norms and subsidiaries for the planning.
(c) locate the centers of production and residence of the suitable mode for the best distribution of the Spanish population in the national territory.
(d) dividing the municipal territory in urban, land soil and non-developable land areas.
(e) establish different areas of use according to the density of the population that inhabit them, percentage of land that can be occupied by buildings, volume, shape, number of plants, class and destination of buildings, subject to General ordinations uniform for each species in the entire area.
(f) formulate the outline of public roads and media.
(g) establish free spaces for parks and public gardens in a proportion appropriate to the collective needs, in the terms established in this law.
(h) noted the location and characteristics of centres and services of public and social interest, schools, airports and similar places.
(i) determine the configuration and dimensions of the building plots.
(j) limiting the use of land and buildings.
(k) guide the architectural composition of buildings and regulate, where necessary, their aesthetic characteristics.
Two. Urban competition in order to the regulation of land shall include the following functions: to) ensure that soil is used in congruence with the public utility and the social function of the property.
(b) prevent the unequal allocation of the benefits and burdens of planning among the affected owners and enforce the fair distribution of the same.
(c) regulate the land market as a guarantee of natural subordination thereof for the purposes of building and housing.
(d) affect the increase in land value caused by the payment of the expenses of estate planning.
(e) ensure the rational use of soil for maintaining a density to the well-being of the population.
(f) to acquire land and buildings to constitute heritages of soil.
3. The urban competition with regard to the implementation of the urbanization confers the following powers: to) manage, direct, perform, grant and oversee the execution of infrastructure works.
(b) expropriating the land and buildings necessary to carry out the works and how many agree the economy of urbanization projected.
Four. Urban competition in order to promote and intervention in the exercise of the powers Sunday concerning the use of the land and building will comprise the following powers: to) assign building land and surface rights on them.
(b) intervene on the allotment.
(c) require the owners that they build in certain periods.
(d) impose the alienation when they are not edificaren in planned time or form.
(e) prohibit uses that are not in accordance to the plans.
(f) participate in the construction and use of farms.
(g) promote the possibility of accurate media facilitate owners to comply with the obligations imposed by this Act.
5. The mentioned faculties have not limitation, and urban competition includes few others are consistent with it, to be exercised in accordance with the present law.
One. Urban management may entrust to public bodies, private and mixed entities.
Two. Public management will raise up, to the widest extent possible, private initiative and replace it, when it reached not to meet the required objectives, with the compensation referred to in this law. In formulation, processing and management of urban planning, the competent bodies shall ensure the greater involvement of stakeholders and in particular the rights of initiative and information by individuals, associations and corporations.
One. Without prejudice to the competence which this law attributed to the Council of Ministers, the urban activity will take place under the direction of the Ministry of housing.
Two. This ministerial department will operate the Central Planning Commission, the General direction of urban planning, provincial planning commissions and other agencies and entities that make up the urban administration of the State.
3. Cited special organs will coordinate their respective responsibilities with those corresponding to the four different ministries. Urban bodies promote the action of local governments, shall cooperate to the exercise of the jurisdiction which gives them the law of Local Government and be surrogated in it when they not practicing it properly, or your task exceed your chances.
Title I urban planning of the territory chapter first kinds of plans of management article six.
One. The urban planning of the national territory can be developed through a National Plan of management and territorial coordination, general municipal plans and complementary standards and subsidiaries planning master plans.
Two. The territorial Directors plans of coordination may be supraprovincial, provincial or regional level.
3. General municipal plans will be developed, as the case may be, in partial plans. Special plans, programs of urban action and detailed studies.
The National Management Plan will determine the broad guidelines of land use planning, in coordination with the social and economic planning for the greater well-being of the population.
One. The coordination territorial Directors plans shall establish, in accordance with the principles of the National Plan of management and economic planning and Social and regional development requirements, guidelines for the management of the territory, the physical framework that must develop the provisions of the Plan and the territorial model that must coordinate plans and rules that affect.
Two. The plans shall contain the following determinations: to) the scheme for the geographical distribution of applications and activities that must be used as a priority the soil affected.
(b) the marking of areas that have set limitations for reasons of national defence, taking into account the specific legislation on the matter, or for other reasons of public interest.
(c) the protective measures to be taken in order to conserve soil, other natural resources and defense, improvement, development or renovation of the natural environment and the historical-artistic heritage.
(d) targeting and location of basic infrastructures relating to terrestrial, maritime communications and air, the supply of water, sanitation, power supply and other similar.
3. The territorial coordination plans shall include studies justifying the choice of the territorial model, plans, rules and programs requiring its accomplishment and the technical and economic basis for the development and execution of the Plan itself.
One. Determinations of the coordination territorial Directors plans linked to the Administration and individuals. Measures envisaged therein be conducted by each of the ministries affected in the areas of their respective responsibilities in accordance with the requirements laid down in the Decree of approval.
Two. Local corporations whose territory is affected, total or partially, by a Plan Director Territorial coordination, without prejudice to the immediate entry into force of this shall promote within a maximum period of one year corresponding accommodation to their determinations, through the timely review of their respective municipal general plans. Similarly be the accommodation of the complementary norms or subsidiaries of planning.
One. General municipal management plans, as an instrument of comprehensive planning, will cover one or more full municipal terms and classified the ground for the establishment of the appropriate legal regime; they will define the key elements of the general structure adopted for the urban planning of the territory and establish the programme for their development and implementation as well as the minimum term of their validity.
Two. Where they exist territorial Directors coordination local general plans plans should be drawn up taking into account the findings and guidelines set out in those in a coordinated manner with the provisions of economic and social planning.
One. General municipal plans have specific intended, in urban land, complete their ordination by the detailed regulation of the use of the land and building; point out the renewal or reform which derived from; define those parts of the overall structure of the corresponding to this kind of land plan and propose programmes and concrete measures of action for its implementation.
Two. General municipal plans have specific intended, in the land, define the key elements of the general structure of the urban planning of the territory; set according to their categories, generic regulation of different global uses and levels of intensity and secure development in the short and medium-term programmes, referred to a set of public and private performances.
They will also regulate the form and conditions that may be joining urban development actions not scheduled through the relevant programmes of urban action for the realization of integrated urban units.
3. General municipal plans are specific object, in the undeveloped, preserving the soil in the process of urban development and to establish, where appropriate, measures to protect the territory and the landscape.
One. The municipal general plans of management shall contain the following general determinations: to) soil classification with expression of surfaces allocated to each of the types and categories of soil adopted.
(b) general and organic structure of the integrated territory by the determining elements of the urban development and, in particular, communication systems and their protection zones, free spaces for public parks and green areas in a proportion of not less than five square meters per capita and the community equipment and public facilities.
(c) programming in two stages of four years of the development of the Plan in order to coordinate actions and public and private investment, and in accordance with the plans and programs of the various ministerial departments.
(d) measures for the protection of the environment, conservation of nature and protection of landscape, urban and historical-artistic, natural and joint elements in accordance, where appropriate, with specific legislation that applies in each case.
(e) indication of the circumstances pursuant to which is coming, in their time, the revision of the Plan, based on the total population and its rate of growth, resources, uses and intensity of occupation and other elements that justified the classification of the soil initially adopted.
Two. In addition to the determinations of General, general plans shall contain the following: Dos.Uno. In urban land.
(a) delineation of the perimeter with indication, where appropriate, the scope of the operations of internal reform may be necessary.
(b) allocation of detailed applications corresponding to different areas.
(c) limitation of the free spaces and green for parks and public gardens and sports areas for recreation and expansion.
(d) sites reserved for temples, educational, public or private, healthcare and health centers, and other services of public and social interest.
(e) layout and characteristics of the road network and forecast of car parks with pointing of alignments and grades for all or part of this soil.
(f) detailed regulation of the detailed use, volume, and sanitary conditions of the land and buildings, as well as the aesthetic characteristics of management, the building and its surroundings.
(g) characteristics and layout of the galleries and supply networks water, sewerage, electricity and other services, where appropriate, provides for the Plan.
(h) economic evaluation of the implantation of services and execution of infrastructure works.
These determinations will be expressed that to retain, modify and perfect, existing management. (Allocations of c) and (d)) shall be established according to the socio-economic characteristics of the population and agreement, in any case, with the specific legislation on the matter.
DOS.DOS. on land scheduled for development: to) development systems of the general structure of urban planning, with sufficient precision to allow the drafting of partial plans.
(b) determination of the use of half of the total area and, where appropriate, by sectors depending on the intensity and global applications brought to the land not earmarked for roads, parks and public gardens and other services and facilities of general interest, homogenised according to their relative values.
(c) mapping of basic networks of supply water, sewerage, electricity, phone service and other services, where appropriate, provides for the Plan.
(d) division of the territory into sectors for development in partial plans.
The contents of the General Plan will incorporate into this category of soil determinations of General Plan contained, where applicable, partial plans that follow.
DOS.Tres. in non-programmed urbanizable: to) signaling uses incompatible with those provided in different kinds of soil and the overall structure.
(b) establishment of technical characteristics and the minimum quantities that must meet the actions in this category of soil, depending on the different applications, and allocations, services and equipment which they are entitled.
DOS.Cuatro. in the undeveloped General Plan shall establish measures and conditions that are specific to the conservation and protection of all and each one of its natural elements, is soil, flora, fauna and landscape, in order to avoid their degradation, and the buildings and places that do so because of their special characteristics, with the scope of that in each case it is necessary.
3. The determinations referred to in this article will be developed in the following documents, whose contents and standards shall be fixed according to the rules: to) memory and complementary studies.
(b) levels of information and urban planning of the territory.
(c) town planning regulations.
(d) programme of action.
(e) economic and financial study.
One. Partial management plans are intended to soil classified as land schedule, develop, through detailed management of a part of its territorial scope, the General Plan and, where appropriate, complementary standards and subsidiaries of planning; and in the soil classified as land not scheduled, the development of urban action programmes.
Not can write partial plans without prior General Plan or complementary norms and subsidiaries of planning; and, in any case, be modified the findings of one and other.
Two. Without prejudice to provisions of article 75, the partial plans will contain these determinations: to) allocation of detailed applications and delimitation of the areas in which divides the territory planned by reason of those and, where appropriate, the division into polygons or performance units.
(b) indication of reserves of land for public parks and gardens, sports facilities and public recreation and expansion, in proportion to the collective needs. The area dedicated to these reserves will be as minimum of eighteen square metres per dwelling or per every 100 square meters of residential buildings if the number of homes that could be built, had not expressly set this reserve may not be inferior to 10% of the total ranked surface, anyone who is use to the land and the building are intended , and be drawn up independently of the surfaces in the General Plan for open space or parkland for public urban parks.
(c) fixing of reserve land for cultural centers and teaching public and private in the minimum proportion of ten square meters for housing or for every one hundred square meters of residential buildings if any not expressly determined the number of homes that could be built, grouped according to the modules required to form complete school units.
(d) sites reserved for temples, centers and health and other services of public and social interest.
(e) layout and characteristics of the communications network of the sector and its link with the general system of communications provided for in the General management plan, with signs of alignments, flush and protection zones of all the road network, and welfare of car parks on the minimum proportion of a square for each one hundred square meters of building.
(f) features and layout of the galleries and supply networks water, sewerage, electricity and other services, where appropriate, provides for the Plan.
(g) economic evaluation of the implantation of services and execution of infrastructure works.
(h) stage plan for the execution of infrastructure works and if the building.
3. Partial plans shall include levels of information, including the cadastral, and supporting studies of its determinations as well as flats project, determination of services and necessary Ordinances for execution, and, in his case, which are set by regulation.
Levels corresponding to soil reserves set forth in subparagraph (d)); ((the relationship between these and the corresponding paragraphs b) and (c)) and the graduation of both, in different population units, shall be fixed by regulation.
One. The detailed studies may be made when necessary to complete or, where appropriate, adapt determinations stated in the General plans for urban land and partial plans.
Two. Its content will have purpose provide for or reset, depending on the case: to) the signaling of alignments and grades; or (b) the management of volumes in accordance with the specifications of the Plan.
3. Detail studies will maintain the fundamental determinations of the Plan, without altering the use which corresponds to the land included in the study.
In no case may cause damage or alter the conditions of management of the adjoining premises.
Four. Detailed studies may also be made when they are precise to complete the signaling of alignments and grades, with respect to the complementary norms and subsidiaries for the planning.
5. Detail studies will include the supporting documents of the ends referred to in number two.
One. Urbanization projects are projects that are designed to put into practice the General municipal plans in urban land, partial plans and, where appropriate, the complementary norms and subsidiaries for the planning. Not may contain findings on management or system of land and building, and should detail and programmed works that understand with the necessary precision so that they can be performed by other than the author of the project technical.
Two. Urbanization projects cannot be modified the provisions of the Plan developed, notwithstanding that the adaptations required by the material execution of the works can be carried out.
3. Urbanization projects shall include a specification of the characteristics of the works, location in relation to the urban area and flat project and detail, measurements, prices, budget pictures and specifications of the works and services.
One. Management and development of land classified as non-programmed urbanizable is effected in accordance with the respective Municipal General Plan by urban action program for the realization of integrated urban planning units.
Two. Urban action programs will contain the following determinations: to) development systems of the general structure of the urban planning of the territory.
(b) signs of uses and levels of intensity, with expression of the medium in all its field use.
c) layout of basic networks of water supply, sewerage, telephones, electricity, communications and other services that provide.
(d) division of the territory for the development stage.
These determinations will be completed for each stage with the corresponding partial plans and urbanization projects. In promote them private building programs also will be included.
3. Urban action programmes will include studies and plans of information supporting its determinations, including the analysis of its relationship with the forecasts of the General Municipal Plan and documents and plans of management and project necessary for execution.
One. In development of the forecasts contained in municipal general plans, coordination territorial Directors plans or in the complementary norms and subsidiaries of planning must be drawn up, if necessary, special plans for the management of venues and artistic ensembles, the landscape and protection of means of communication, preservation of rural areas in certain places, reform inside, sanitation of populations and any other similar purposes , while in no case could replace general municipal plans as comprehensive regional planning instruments.
Two. Also special plans will be drafted for direct execution of work related to the infrastructure of the territory or the determining elements of urban development planned in number two, paragraph d), article eight, and the number one, paragraph b), of article twelve.
3. The special plans shall contain the necessary determinations for the development of the Territorial Master Plan coordination or the relevant Management Plan; and, in their absence, those of its nature and purpose, duly justified and developed in studies, plans and standards.
One. Conservation and valuation of the historic and artistic heritage of the nation and natural beauties, as an object of special planning, will cover, among others, these aspects: to) natural and urban elements which together contributes to characterize the landscape.
(b) places, streets and buildings of interest.
(c) historical, artistic and botanical gardens.
(d) enhancement of significant buildings.
(e) composition and detail of the buildings in locations that must be subject to special measures of protection.
(f) use and destination of ancient and modern buildings.
Two. The expressed purposes may be pronounced special rules for the conservation, restoration and improvement of buildings and natural and urban elements, report, when such standards are national in character, from the Directorate General of the Cultural and artistic heritage.
The protection of the landscape, to preserve certain places or perspectives of the country as soon as it is subject to special planning, will cover, among others, these aspects: to) natural beauties in its panoramic complex or perspectives that agree to the promotion of tourism.
(b) rustic grounds of picturesque location, amenity, topographical singularity, or historical remembrance.
(c) isolated buildings distinguished by its location or architectural beauty, parks and gardens highlighted by the beauty, artistic disposition, historical significance or importance of the botanical species that exist in them.
(d) the built perimeters which form a set of traditional or aesthetic values.
Protection in the urban order of the lines of communication, insofar as it relates to the restriction of the destination and the use of marginal lands, will allow: to) divide the land into areas of use, construction, vegetation and panoramic.
(b) prohibit or limit, in accordance with the legislation in force, the direct access to the farms from the road.
(c) designate minimum distances for the mouth of other routes.
(d) have the setback of buildings as a forecast of future expansions and the establishment of service walkways.
e) ordering the parking lots and places of supply and rest f) maintaining and improving the aesthetics of the roads and adjacent areas.
Special urban planning may affect, for protection purposes, orchards, crops, and forest areas, through the use of appropriate restrictions to prevent their disappearance or alteration.
The improvement of the urban or rural environment and in the suburbs of the cities may be special plans for these purposes: to) change the outward appearance of the buildings, their architectural character and their State of conservation.
(b) modify certain vegetable items, gardens or woodland.
(e) prohibit constructions and harmful uses.
(d) subject to town planning regulations the coupling of the buildings.
One. Special interior reform plans are intended to carry out in urban land, by the competent local authorities, of operations aimed at decongesting, urban facilities and community facilities, sanitation of unhealthy neighborhoods, resolution of problems of circulation or of aesthetics and improvement of the environment or of public services or other similar purposes.
Two. Special interior reform plans contain the findings and documents appropriate to the objectives pursued by them, and least which provides article thirteen, salve some of them may be unnecessary by does not relate to the reform.
3. In the case of internal reform operations not provided for in the General Plan, Special Plan will not change the fundamental structure of the former, for which purpose will be accompanied in addition a study justifying your need or convenience, consistency with the Business Plan and the impact on the same.
One. They conceptuarán as plans and sanitation projects that relate to works in the soil and subsoil to improve the conditions of health, hygiene and safety.
Two. These plans and projects will include the works of supply of drinking water, purification and utilization of the waste, installation of sewer, drains, fountains, troughs, laundries, collection and waste treatment.
3. Shall also be considered as urban sanitation projects and plans of water from buildings and public service establishments belonging to the State. Municipality and province, already have own installation or take other pipelines.
The protection to which special schemes are concerned, when it comes to preserve or improve monuments, gardens, parks and landscapes, will require the inclusion of these catalogues approved by the Minister of housing or the Provincial Planning Commission, ex officio or upon proposal by other bodies or individuals.
SECOND chapter formation and approval of the plans section first. Article twenty-six preparatory acts.
Public agencies, concessionaires of public services and individuals will lend its contest to the drafting of management plans, and to effect, facilitate local corporations, provincial commissions and General direction of urban planning documents and information necessary.
One. The competent bodies for the initial and interim approval of general municipal, partial, special plans or detailed studies may agree, for the maximum period of one year, the suspension of licensing of allotment of land and building in sectors covered by an area determined in order to study the Plan or its reform agreement will be published in the official gazettes of the province or provinces affected and in one of the newspapers of wider dissemination of each one of them.
Two. The expressed will be expandable maximum to another year when, within that one, has completed the period of public information provided in article forty-one. It will not be possible to agree new suspension in the same area for the same purpose until they reinstated five years, counted from the end of the suspension.
The deadline extension agreement will be published in the manner provided in the preceding paragraph.
3. The initial of a Plan or programme or its reform approval shall determine itself single suspension of licensing for those parts of the territory subject to planning whose new determinations involving modification of the existing regulation of urban. The effects of this suspension shall cease with the final approval and, in any case, by the course of the period of two years from the initial approval.
With the publication of the agreement which is subject to public information the Plan initially approved shall be necessarily expressed the territory subject to planning areas affected by the suspension of the granting of licenses.
Four. The petitioners of licenses requested prior to the publication of the suspension shall be entitled to be compensated from the official cost of projects and a refund, where applicable, the municipal taxes.
One. Entities and agencies may make advances of Plan and partial blueprints that serve as guidance in the drafting of plans on a basis accepted in principle.
Two. Advances and drafts may submit to the City Council, the Provincial Planning Commission or the Ministry of housing without public information.
3. The adoption will only preparatory internal administrative purposes of drafting plans and final projects.
Second section. Article twenty-nine skills.
The National Management Plan will be drawn up by public and private agencies and local authorities to be determined by Decree, to the Presidency of the Government's proposal and initiative of the Ministry of housing. In any case is mandatory in drafting the participation of the trade union organization.
One. The coordination territorial Directors plans will be formulated by bodies or entities which, on a proposal from the Minister of housing and following a report of the Central Commission of urbanism, determined by the Council of Ministers, which will indicate, in addition, bodies or entities that are involved in its development, its territorial scope and the period in which they must be drawn up. The proposal of the Ministry of housing shall be made on its own initiative or another ministerial department or at the request of a Local authority or a competent special urban entity.
Two. The councils and inter-island may write, on his own initiative or at the request of the respective municipalities, coordination territorial Directors plans when the territorial scope thereof affects all or part of the respective provincial or insular territory.
3. In any case, in the preparation of the coordination territorial Directors plans should intervene the Housing Ministry and authority or competent body in development planning, corporations and local authorities or entities planning special competent concerned which so request and the trade union organization.
One. Municipal plans will be formulated by the municipalities. However, can these entrust its formulation to the Provincial Planning Commission or the provincial government.
Two. In any case, the wording may Commission to the technicians of the Corporation or Commission or to those who are designaren, freely or by competition among competent practitioners with Spanish official title.
One. If the urban needs of a municipality shal1 extending its zone of influence to another or others, in the absence of agreement between the affected corporations, the Minister of housing, case of municipalities belonging to different provinces and the Provincial Planning Commission, if they belong to the same, the formation of a joint Plan they may provide at the request of the municipality or ex officio.
Two. Equal measure shall apply if you agree to not order any region.
3. In both cases, the Minister or the Commission will determine the territorial extension of plans, the City Council or body which shall write them and the proportion that the affected municipalities must contribute to the cost.
Four. The municipalities included in the Plan will assume the obligations which it has this.
One. Where municipal plans will not belong within the terms that indicate the articles thirty-six and thirty-seven, the Minister of housing available is write for the General direction of urbanism, by the Provincial Planning Commission, or by the Provincial Council. Also, the Provincial Planning Commission may agree to be write by the Commission itself or by the Provincial Government.
Two. Drafting of municipal plans costs shall be borne by the respective local authorities, except for special and justified circumstances in record instructed for that purpose.
One. The special plans may be formed by local authorities, special urban entities and bodies in the urban order according to this law.
The formation of the special plans referred to in article seventeen two point may be carried out by those who are in charge of the direct execution of the works corresponding to the infrastructure of the territory or the determining elements of urban development.
Two. Urban action programmes will be formed by the local authorities and, where appropriate, by the competent planning or corresponding recipients in accordance with the provisions of Chapter VI of title III of this law.
One. Competition to definitively approve the plans and projects shall be: a) to the courts, the National Management Plan.
(b) to the Council of Ministers, the coordination territorial Directors plans.
(c) to the Minister of housing, plans, programs of urban action and complementary standards and subsidiaries of planning relating to provincial capitals or populations of more than 50,000 inhabitants and, in any case, affecting several municipalities.
(d) to the provincial planning Commission, plans, programs of urban action and complementary standards and subsidiaries for the planning, in the remaining cases, and always of the urbanization projects.
e) to the competent municipal corporations detail studies, giving account to the Provincial Planning Commission.
Two. When the initiative of the special plans is due to local entities or special urbanistic, final approval, will be: to) develop a General Management Plan, the competent bodies to approve the partial plans.
(b) in all other cases the Minister of housing.
Third section. Time limits article thirty and six.
One. General municipal management plans of provincial capitals or populations of over fifty thousand inhabitants shall be formulated in the term that designates the Minister of housing.
Two. The General management plans of the other municipalities will be drafted within the time limits laid down in the Housing Minister or the provincial planning commissions.
Partial plans will form within the prescribed in the Business Plan, in the urban action program, in your case, or in the terms that the Minister of housing or the Provincial Planning Commission determinaren.
Urbanization projects be drafted with the necessary advance so the works referred to can be made in accordance with the time limits provided for in the programme of action.
Fourth section. Procedure article 39.
One. The Housing Minister will submit the directors territorial coordination plans to the process of public information and report of local corporations to whose territory specifically, envisaged in article forty-one of this law, as well as to report of the ministerial departments not involved in its preparation and to those who might be interested by reason of their competence. The latter shall be favorable if they are not issued within the period of two months.
Two. The approval of the directors territorial coordination plans corresponds to the Council of Ministers on the proposal of the Minister of housing, following a report of the Central Commission of urbanism.
One. The municipal general plans of management will be processed in accordance with the procedure laid down in article forty-one of this law, with the following specialties: to) initial and provisional approval compete to the City Council when they refer to a single municipality and the corresponding Provincial delegation when they extend to more than one municipality.
(b) final approval of the plans of capitals of province with populations of more than 50,000 inhabitants is the responsibility of the Minister of housing, following a report of the Central Commission of urbanism and the provincial Council and the Provincial Commission for urbanism, reports that they shall be favorable if they are not issued within the period of one month.
Two. The detailed studies will be processed in accordance with the procedure laid down in article forty-one, although with the modification regarding their numbers two and three of the competent Municipal Corporation, in the light of the outcome of public information, definitely approve it with modifications that they applicable and will realize the same provisions to the Provincial Planning Commission.
One. Initially approved the partial Plan, programme of urban action or project of urbanization by the Corporation or body which had drafted it, this be, following public information for a month, and after the period, case plans, programs or projects not written by the respective city. another period of the same duration opens to give audience to local corporations to whose territory specifically.
Two. The Corporation or body which has been initially approved the Plan, programme or project in the light of the outcome of the public information tentatively approve it with modifications they applicable and shall submit it to the authority or competent body which must give the final approval, to examine it in all its aspects and decide within six months from the entry of record in the elapsed record which without communicating the resolution shall be adopted by administrative silence.
3. If the authority or body which has final approval not painting it, will point out the shortcomings of technical and subsequent modifications that appropriate introduce so remedied by the Corporation or organization that has made the provisional approval, rises again to this final approval, unless it has been relieved from doing so by the minor corrections.
Rules and ordinances on the land use and building, and the catalogues referred to in article 25, will be formed in accordance with the procedure which designates the preceding article for plans and projects.
One. The special plans will be processed in accordance with the procedure laid down in article forty-one of this law.
Two. When they formulated at the initiative of local entities or special building, before final approval will be subject to report of the ministerial departments and other bodies that are affected.
3. Case of special plans defined in chapter I of this title, whose purpose is to improve urban conditions and especially the aesthetic of the peoples of a region or tourist route and that they not fishing in the planning modification of alignments supusieren or destruction of buildings, the processing shall be reduced to the prior approval by the Minister of housing or by the Provincial Planning Commission , public information for fifteen days in the capital of the province, communications to the affected municipalities and final approval of the above-mentioned bodies.
Agreements of the Council of Ministers, Minister of housing or Provincial Commission of urbanism, passing plans, programmes of action, complementary norms and subsidiaries, studies, projects or standards, ordinances or catalogs, will be published in the «Official Gazette» or of the respective province.
Fifth section. Validity and revision of plans article forty and five.
Management plans and urbanization projects shall remain in force indefinitely.
The updating of the National Plan of management and their concordance with the successive plans of economic and social development can be conducted by the Government in the way that have the respective laws that approve them.
One. The municipal general plans of management will be reviewed in the term indicated therein and, in any case, when the circumstances specified in the heading e) number one article twelve.
Two. Without prejudice to the provisions of article nine, number two, when the circumstances so require, the Minister of housing, following a report of the Central Commission of urbanism, may order the review of the General management plans, after hearing of the affected local authorities, or according to instance them or special urban entities or the ministerial departments concerned.
One. Councils will be reviewed every four years the programme of action contained in the Business Plan.
Two. If as a consequence of this review be modified classified as developable land scheduled, the review of the programme will be completed with determinations and required documents for above ground and is subject to the provisions set forth for the formation of plans, in accordance with the provisions of the following article.
One. Amendments to any of the elements of plans, projects, programmes, policies and ordinances are subject to the same provisions laid down for his training.
Two. However, when the modification tendency to increase the buildable volume of an area, it will require to approve it forecast higher clearances requiring increased population density and the favorable vote of two-thirds of lss of the Corporation and the Commission members who have to agree on initial, provisional and final approval.
3. The same quorum will be required when modifying suscitare opposition of twenty-five percent of the owners of affected or those on farms located facing the same.
If the modification of plans, complementary norms and subsidiaries and programs of action has intended a different zoning or urban use of green areas or spaces provided for in the Plan, it must be approved by the Council of Ministers, prior favorable reports of the Council of State and the Minister of housing, and the interested Local Corporation agreements adopted with the quorum of three hundred three article of the law on Local Government.
One. The Council of Ministers by Decree, on a proposal from the Minister of housing, or, where appropriate, a proposal of this and of the holder or holders of other departments concerned, and following a report of the Central Commission of urbanism and audience of interested local authorities, may suspend the validity of the plans referred to in this law, in the form terms and effects specified in article 27 in whole or in part from its scope, to agree to review. While the revised Plan is not approved, is will give complementary norms and subsidiaries of planning within a maximum period of six months from the suspension agreement.
Two. The National Management Plan may only be suspended in the form that is available in its own law or the approving development plans.
Sixth section. Initiative and particular collaboration article fifty-two.
One. Private persons may form municipal plans, special and development projects.
Two. If they have obtained prior authorization from the Council, they will be provided them by public agencies how many data elements precisaren to carry out the drafting and may be on private farms occupations needed for the drafting of the Plan pursuant to the law on compulsory expropriation.
One. Plans and projects drawn up by private individuals shall contain the documents indicating the first chapter for each class.
Two. When they relate to areas of particular initiative, are to be entered also the following data: to) supporting memory of the need or desirability of urbanization.
(b) the name and address of the affected owners.
(c) mode of execution of the works of urbanization and forecast on the future conservation of the same.
(d) commitments that have contract between the developer and the City Hall, and between that and the future owners of solar.
(e) guarantees the exact fulfillment of these commitments; and (f) financial means of any kind.
One. Plans and projects will rise to City Hall and they will be processed in accordance with the provisions of section fourth, with personal summons to public information from the owners of the land covered by those.
Two. If they affect multiple municipalities, will be presented in a Provincial Council and shall follow the procedure referred to in the previous number.
3. The Act of approval may impose conditions, modalities and deadlines that may be suitable.
THIRD chapter "effects" of the adoption of the plans section first. Advertising, enforceability and enforcement article fifty-five.
One. Plans, complementary norms and subsidiaries, programs of urban action, studies of detail and projects, with its rules, ordinances and catalogs, will be public, and any person may at any time consult them and inform them on the City Council of the term to which they refer.
Two. Every administrator is entitled to keep the Council informed in writing, within a month of the request, the urban regime applicable to a farm or sector.
3. Concerning developments of particular initiative advertising shall state the date of approval of the Plan and may not contain any indication in conflict with its provisions.
Plans, complementary norms and subsidiaries, urban action programs, detailed studies, projects, rules, ordinances and catalogues will be immediately executives, once posted your final approval, and if it would give subject to the correction of deficiencies, while it is not carried out, lack of enforceability in terms of the sector to which they refer.
One. Individuals, like the Administration, will be bound to comply with town planning provisions contained in this law and in plans, programmes of urban action, detailed studies, projects, rules and ordinances adopted pursuant to it.
Two. The approval of plans not limit the powers corresponding to the various ministerial departments to exercise, in accordance with the provisions of the Plan, their skills, according to the applicable law by reason of the matter.
Sectoral plans that are at odds with a Territorial Master Plan of coordination must adapt to the guidelines contained in the latter within the time specified in no. 2 of article nine.
3. Reserves of dispensation which contain plans or ordinances, as well as the that whatever they are concedieren will be void full.
One. Compulsory observance of the plans will involve the following limitations: first. The use of the premises may not deviate from the intended destination, nor will fit make them holdings of deposits, fixing of propaganda posters, earth movements, short of trees or any other analogous use competing with its urban rating, its special legislation or the regulated plan differently.
The second. New construction shall comply with approved management.
Third. When the discovery of applications not expected to approve the plans was of such importance that alterare substantially the fate of soil, will proceed to the revision of those, ex officio or upon request, to conform to the new situation.
Two. But if not have to hinder the implementation of the plans, they may be authorised on the grounds, prior favourable report from the Provincial Commission of urbanism, uses or provisionally justified works, which will be demolished when the City Council, remember it without right to compensation, and accepted by the owner authorization must register, under specified conditions, in the registry of property.
3. Leasing and the right surface of the land referred to in the preceding paragraph, or the temporary buildings that rise up in them, will be excluded from the special scheme for rural and urban leases and, in any event, be completed automatically with order of the municipality according the demolition or eviction to implement development projects.
The classification of the soil, and the limitations of any kind resulting from use and exploitation, plans, programmes, policies, ordinances and catalogues, for the protection of the urban and rural landscape shall be taken into account to assess the soil for the purposes of all kinds of taxes.
One. Erected prior to the approval of the General Plan or partial who are dissatisfied with the same buildings and facilities will be qualified and outside management.
Two. They may not be made in them works of consolidation, increased volume, modernization or increase in its value of expropriation, but the small repairs that require the hygiene, ornament and conservation of the property.
3. However, in exceptional cases circumstantial and partial consolidation work may be authorized when expropriation or demolition of the estate within the period of fifteen years, has not been planned from the date that are intended to perform them.
Four. When dissatisfaction with the plan does not obstruct the building on the same site that occupies the building, owner will demolish it to the Management Plan, and shall be understood the case inside the number two of the article seventy-eight, third section of Chapter VIII of the law of urban leases, or standards that replaced it, without the commitment of building a third party more than being enforceable dwellings where prohibited by the Plan.
One. When, approved a Plan, are industries in area not suitable, the buildings and facilities will be subject to the limitations of the previous article, with tolerances which in general provide for planning regulations or building regulations.
Two. The limitations shall be communicated to the provincial delegation of industry, for the consequential effects.
One. That enajenare land not subject to building according to the Plan, or buildings and industries outside management should be expressly stated these qualifications in the corresponding title of alienation.
Two. Alienations of land of developments in particular initiative, it must be noted in the date of the Act of approval of the same and the clauses relating to the disposition of the parcels and commitments with the buyers.
3. Acts of alienation of land for urbanization process, commitments that the owner has taken in order to it, and whose fulfillment is pending shall be shown.
Four. Violation of any of these provisions shall entitle the purchaser to terminate the contract within the period of one year from the date of its issuance, and demand compensation for the damages arising you.
One. Councils may create in the corresponding Ordinance a document of urban circumstances which occur on farms within the municipal area.
Two. This document is referred to as urban identity of land or building, according to the nature of the property to which it relates, and the municipalities may require it for the allotment, construction and use of the premises.
3. The creation of this identity for including farms in polygons that applies any of the actuation systems referred to in this law shall be compulsory.
Second section. Legitimation of expropriation article sixty-four.
One. The approval of town planning and polygons of expropriation plans will involve public works Declaration and the need for occupation of the land and buildings for the purposes of expropriation or imposition of easements.
Two. The benefits of the expropriation may extend to natural or legal persons subrogated in the faculties of the State or local governments for the execution of plans or certain works.
3. The procedure to determine the land value will be indicated in the law on compulsory expropriation except as provided in article one hundred and thirty-eight of this law. The assessment criteria will be in any case those laid down in this law.
One. In the plans or projects they will estimate included, for expropriation purposes, as well as surfaces that may of be physically occupied by the planned works, all that may be necessary to ensure the full value and performance of those.
Two. Expropiables surfaces shall be the lateral zones of influence and even the entire sectors identified in the Plan.
3. The land and buildings in the Plan for the establishment of public services or the construction of temples, markets, cultural, educational, health care and health centres, sports facilities and other similar non-profit will be expropiables.
Four. If for regularization or formation of apples or free spaces agree to delete any patio, street or square or portion thereof, be expropriated farms with facade or direct light on those, at the request of the owners.
In the event that property owners not made the adaptation works required by plans, rules or historical or artistic projects, the building or only its façade can expropriate totally or partially.
The land of any kind to expropriate for urbanistic reasons must be earmarked for the specific purpose which is established in the relevant Plan.
If it is intended to modify their involvement or depleted its enforcement Plan without having fulfilled the destiny to which affected, shall the reversal of land pursuant to provisions of the law on compulsory expropriation.
One. Where for the execution of a Plan not required the expropriation of the domain and bastare the creation of any easement on it, provided by private or administrative law may be imposed, if agreement cannot be reached with the owner, in accordance with the procedure of the law on compulsory expropriation, using the requirements listed below are expressed: to) authorization from the Provincial Planning Commission.
(b) not exceed the compensation that is appropriate to pay half of the amount that would satisfy the absolute expropriation.
Two. When they are modified or deleted easements private to be in contradiction with the provisions of the Plan, they may expropriate pursuant to the procedure of the aforementioned law.
3. The administrative acts of creation, modification or forced termination of servitude will be registered in the registry of property, as provided for the proceedings of expropriation.
One. When five years have elapsed since the entry into force of the Plan or programme of urban action without that take to effect the expropriation of the lands, which, according to its urban rating, non-buildable by their owners, or they have to be object of transfer required by not be possible for the fair distribution of the benefits and burdens in the polygon or performance unit the owner of the goods or their legal successors will notice to the competent administration of its purpose of start record of fair price, which may be conducted by operation of law, if they reinstated two years from the time of the warning.
For this purpose, the owner may present the corresponding sheet of appreciation, and if they reinstated three months unless the Administration accept it, may he go to jury provincial expropriation, which shall determine the fair price in accordance with the criteria of this law and in accordance with the procedure laid down in articles 30 and one and following of the law on compulsory expropriation.
Two. For the purposes of the provisions of the preceding paragraph, the valuation is understood to refer to the time of the initiation of the fair price record by operation of law and the interests on arrears shall accrue from the presentation by the owner of the corresponding pricing.
Chapter fourth complementary management standards and subsidiaries of the seventy item planning.
One. The Housing Ministry may issue additional rules and subsidiaries for the planning.
Two. The local authorities, the provincial commissions of urbanism and other competent bodies to formulate municipal master plans may write or propose norms of equal character for all or part of the territory on which exercise their competence, when the particular characteristics of this justify it.
3. In one case, will be processed in accordance with the procedure laid down by article forty and one, unless for reasons of urgency appreciated by the Council of Ministers and prior favourable report of the Central Commission of urbanism, and heard! as local entities concerned, the Housing Minister agreed upon its entry into force without such processing.
Four. These standards will be developed, in any case, within the limits specified by this law for management plans and contain, where appropriate, appropriate cases whereby its revision or replacement by a Plan.
One. In municipalities or part of them where there is no Management Plan will govern the rules promulgated pursuant to the preceding article.
Two. The rules apply to regulate aspects not envisaged in the Management Plan.
3. Subsidiaries for the planning and the complementary standards contain the following determinations: a) aims and objectives of its enactment.
(b) delimitation of the territories and towns which constitute the scope of its application.
((c) relationships and incidences with planning to complement, where appropriate, d) urban minimum standards of management established.
(e) forecasts minimum for buildings and public services and community or general interest purposes.
Four. For urbanization and building under cover of complementary and subsidiary rules, these must be provided, as well as determinations indicated in the previous section, the following: a) projection, dimensions and characteristics of the foreseeable development.
(b) indicative of infrastructures and urban services scheme.
(c) indication of the areas that can develop pursuant to the provisions contained in the standards themselves.
The development of these determinations will be held through the corresponding partial plans.
5. The rules shall consist of the documents needed to justify the determinations and ends that understand and function for which are handed down and must write with the degree of precision appropriate to the kind of Plan that its plane complement and in accordance with the corresponding provisions of this Act.
Article seventy and two.
They may not rise constructions in places near to the roads only according to what, what this law is available, also set the law specifically applicable.
Article seventy and three.
Constructions will have to adapt in the basics, the environment in which they were located, and for that purpose: to) constructions in immediate places or which are part of a group of buildings of artistic, historical, archaeological, typical or traditional character shall harmonize with the same, or when, without any buildings, would have any great importance or quality of the listed characters.
(b) places of natural and open landscape, either rural or maritime, or perspectives providing the urban ensembles of short features, typical or traditional and close to highways and roads of picturesque route, will not be allowed the situation, mass, height of buildings, walls and closures or the installation of other elements, to limit the field of vision to contemplate the natural beauty break the harmony of the landscape, or defacing the perspective of it.
While there is no Plan or urban norm authorizing it not you can build with more than three floors measured at each point of the land, subject to the other limitations that may apply.
In the case of solar in nuclei or apples built in more than two thirds, councils may authorise heights that reach the middle of the already constructed buildings.
In undeveloped shall apply provisions of the number one article eighty to six.
Partial plans a density that may not exceed seventy-five dwellings per hectare, depending on the types of population, detailed applications and other characteristics to be determined according to the rules must be set.
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 necessitated by the urban circumstances of the locality.
Title II regulation of urban land chapter one classification of the floor article seventy and six.
The faculties of the right of ownership shall be exercised within the limits and with the duties established under this law, or under the same management plans, according to the urban classification of the properties.
The territory of the municipalities in which there is Municipal General Plan will be classified in some or all of the following types: urban, land soil and non-developable land.
They will constitute the urban land: to) the grounds that the plan includes in that class by having ro access, water supply, drainage and electricity supply, or be included in areas under construction in at least two-thirds of its surface, in the form determined by him.
(b) that in implementation of the Plan come to have the same elements of development referred to in the preceding paragraph.
One. Land which the Municipal General Plan declared eligible, in principle, to be urbanized will be developable.
Two. Dentro_de the land, the Plan will establish all or any of the following categories: to) ground set, consisting of that which should be developed according to the program of the Plan itself.
(b) not programmed, integrated soil which can be object of urbanization by the adoption of programmes of urban action.
They will constitute the undeveloped: to) that the Plan does not include in any of the types of soil referred to in the preceding articles.
(b) the spaces determined by the Plan to grant them special protection, for the purposes of this law, because of its exceptional value agricultural, forestry or livestock, the possibilities of exploitation of their natural resources, their landscape values, historical or cultural or for the defense of fauna, flora or the ecological balance.
One. In the municipalities that neither Municipal General Plan of the territory will be classified in urban land and undeveloped land.
Two. Shall constitute the urban land land that have road access, water, evacuation of water and supply of electric power or be included in areas under construction in at least half of its surface be included in a project of delimitation, that handled by the Council pursuant to article forty-one, it will be approved by the Provincial Planning Commission , following a report from the Provincial Government, three. The other spaces of the municipality shall constitute the undeveloped.
Article eighty and two.
For the purposes of this law, shall be regarded as building sites suitable for building urban land surfaces which meet the following requirements: first. Which are developed in accordance with the minimum standards established in each case by the Plan, and if it does not exists or not to concretare them, will be required in addition to the services referred to in articles seventy-eight or eighty-one point two, via front plot have paved the road and curb sidewalks.
Second. Have a designated alignments and flush if there is Management Plan.
Article 80 and three.
One. Urban land, in addition to the specific limitations imposed on him by the planning, will be subject to the of can not be built until the respective plot citizen solar rating, except to ensure the simultaneous execution of urbanization and construction through the guarantees to be determined by regulation.
Two. However, buildings intended for industrial purposes, in permitted areas, when safety, wholesomeness and non-contamination remain sufficiently addressed and the owner to assume the obligations set out in paragraph first of the following section by registration in the land registry may be authorised.
3. The owners of urban land must: first. Free of charge transfer to respective Councils land earmarked for roads, parks, public gardens and centers of basic General education in the service of the polygon or corresponding action unit.
Second. Afford the estate.
Third party. Build the lots when the Plan thus established it within the time indicated this, or, failing that, within the deadlines set out in the first chapter of the fourth title of this law.
Four. The equitable distribution of the burdens arising from the application of this article shall be effected through the reparcel proceeding, pursuant to articles 90 and seven point two hundred seventeen point three.
One. Programmed urbanizable shall be subject to the limitation of power not be developed until the corresponding partial Plan is approved. In the meantime, not may be in the works or installations except those that are run using the wording of the special plans to which refers article seventeen point two and of provisional provided for in article fifty-eight point two, or may be land uses or uses other than those who point to the General Plan.
Two. The effects of urban management, shall be determined: to) the use of half of all programmed urbanizable and each sector into which is divided the same.
(b) the use of each farm, referring to its surface the exploitation sector which is locked, without having relevance in this regard his qualification average concrete plan.
When a sector average achievement exceeds the programmed urbanizable entire, the excess will be compulsory and free, transfer for the purposes of compensation provided for in the number four of this article. The excess, if any, will be incorporated into the Municipal land heritage.
If a sector average achievement is lower from the programmed urbanizable all, charges involving urban management, by supporting the rest of the city or urban body acting will decrease proportionately.
3. Programmed urbanizable owners must: to) give compulsory and free of charge in favour of the Council or, where appropriate, acting urban body, the land intended for permanent roads, parks and public gardens, public sports facilities and recreation and expansion, cultural and educational centres and other necessary public services.
(b) transfer free of charge and compulsory ten percent remaining use half of the sector in which the estate is located.
(c) pay for the estate.
(d) build the lots, where the Plan so set it and in the run to the same point or, in absence thereof, by the deadlines set in the first chapter of title IV of this law.
The land which, pursuant to this article, are incorporated into the Municipal land heritage is preferably for the purposes specified in articles hundred sixty and five-hundred sixty-six of this Act.
Four. When use real an estate, according to the qualification established by the General Plan, does not reach 90 per cent of use that apply to you, must be compensated for, by allocation of building land in areas of situation and similar conditions. If this defect is less than fifteen percent of the farm, the award may be replaced, at the discretion of the competent authority, by a compensation in cash.
One. While urban action programmes are not approved, classified as non-programmed urbanizable land shall be subject to the following limitations, in addition to those applicable under other laws: first. Incompatibilities of uses identified in the Business Plan should be respected.
The second. Other buildings than those aimed at farms that are unrelated to the nature and purpose of the farm and meet may not be applicable to plans or rules of the Ministry of agriculture, as well as constructions and facilities related to the execution, entertainment and public works service. However, they may be granted, following the procedure laid down in article forty-three point three, buildings and installations of public utility or social interest which are to be sited on the rural environment, as well as isolated buildings earmarked for family home in places where there is no possibility of formation of a nucleus of population.
Third. The types of constructions must be suitable to their isolated condition, in accordance with the rules laying down the Plan, leaving prohibited characteristics of urban structures.
-Fourth. Property transfers, divisions and segregations of rural land cannot be be divisions contrary to the agrarian legislation.
Two. Approved a program of urban action, it shall apply provisions of the two numbers, three and four of the preceding article without prejudice to the obligations, limitations and additional charges that are brought to attention in the program and in the agreement's approval.
One. Lands which are classified as non-developable in the Plan or by application of the 1980s article and one shall be subject to the limitations provided for in the preceding article.
Two. The spaces which, by its nature, according to the General Plan should be object of special protection for the purposes of this Act, may not be devoted to uses which involve transformation of their destiny or nature or injury specific value that you want to protect.
One. The use of the land and buildings management laid down in the preceding articles shall not confer a right owners to demand compensation, involve mere limitations and duties that define the normal content of the property according to its urban rating. Those affected are entitled, however, to the equitable distribution of the benefits and burdens of planning in the terms provided for in this Act.
Two. The modification or review of the management of the land and buildings established by the partial plans for special plans and programs of urban action only may give rise to compensation if it is produced within the time limits laid down for the implementation of the plans or programmes, or after those if the implementation has not taken effect for reasons attributable to the administration.
3. Ordinations that impose linkages or unique constraints that lead to a restriction of the urban land use that cannot be subject to equitable distribution among stakeholders shall confer a right to compensation.
The alienation of estates shall not modify the situation of its holder in order to the limitations and duties established by this law or imposed thereunder by acts of implementation of its provisions and the purchaser shall be subrogated in place and the previous owner put in commitments that has contracted with the public corporations on the urbanization and construction.
Chapter second municipal heritage of soil article eighty-nine.
One. The municipalities of capitals of province, the population of over fifty thousand inhabitants, those who voluntarily agree to it and others that request the Minister of housing, shall constitute their respective municipal heritage of soil.
Two. This heritage will aim prevent, manage and develop technically and economically the expansion of populations, and assigned to urban management for immediate preparation and disposal of buildable and reserve of land for future use.
One. The acquisition of land to constitute the heritage shall be verified in accordance with the programme of action of the Municipal Urban Development Plan, if it is approved.
Two. The acquisition of land to form soil reserves may be by means of expropriation, prior approval by the Provincial Commission of urbanism of a project supporting memory and flat delimiter of the relevant area.
3. When own goods are included in the Plan, they will be affected to the ground four municipal heritage. Equity volume is atemperará to the needs of the General Plan and the financial means of each town hall.
One. Councils which they have recognized a perimeter of influence to urban planning may extend its heritage of soil to the municipalities understand.
Two. To apply the compulsory purchase to territory outside the municipal term will require authorization from the Ministry of the Interior, following a report of the housing.
Article ninety and two.
Disposals of heritage land are subject to the desirability of building them or the fulfillment of the General Plan, within the deadlines which, in one or another case, is señalaren.
Article ninety and three.
Income earned by urban management through alienation of lands of the heritage will be allocated to the conservation and expansion of the same.
Chapter third subdivisions and reparcel article ninety-four.
One. You will be considered urban allotment the simultaneous or successive division of land into two or more lots if it would lead to the creation of a nucleus of population, in the form in which this is defined according to the rules.
Two. Shall be deemed illegal, for planning purposes, all allotment that is contrary to the provisions of the Plan, programme or urban norm that may apply or which infringes the provisions of article ninety-six of this Act.
One. They shall be indivisible: to) plots determined as a minimum in the corresponding Plan or standard, in order to constitute independent farms.
(b) the parcels whose dimensions are equal or less than those determined as minimum in the Plan, unless the resulting lots are simultaneously acquired by the owners of land adjacent, in order to group together them and form a new farm.
(c) parcels whose dimensions are less than twice the area determined as a minimum in the Plan, unless the excess over that minimum can segregate the purposes indicated in the preceding paragraph; and (d) the building plots in a proportion of volume in relation to your area when you transgress the corresponding to the entire surface, or, in the event that it builds in smaller proportion, the portion of excess, with the caveats mentioned in the preceding paragraph.
Two. Notaries and registrars shall set forth in the description of the farms of "indivisible" quality of which is found in any of the cases expressed.
3. To the grant of license of building on a plot in subparagraph (d)) of one paragraph, shall be communicated to the registry of the property for their perseverance in the inscription of the property.
One. Shall be collected and no urban allotment unless previously approved a General Plan where it affects urban land, or without the approval of the partial Plan of the sector corresponding to the land. In undeveloped urban allotments may not be.
Two. All urban allotment shall be subject to licence and all subdivision to the approval of the corresponding draft.
3. Notaries and registrars of property shall require to authorize and register, respectively, deeds of land division, certifying the granting of the licence, which shall bear witness to the first document.
Four. In no event shall be considered solar nor be allowed to build in them the resulting batches of a subdivision or subdivision made with infringement of the provisions of this article or the foregoing.
One. Subdivision means the grouping of farms covered by the polygon or unit of performance for its new division to the Plan, with award of the resulting plots to those interested, in proportion to their respective rights.
Two. Reparcelling aims to fairly distribute the benefits and burdens of the urban planning, regularize the farm configuration and placed its use in areas suitable for building in accordance with the Plan.
One. Land subdivision record shall be started upon approval of the delimitation of the polygon or performance unit, except in the following cases: to) that reparcelling has processed and approved together with such approval.
(b) that has been expressly adopted the performance system or unnecessary expropriation agreement approval in the compensation system.
Two. Initiating the case of subdivision shall entail, without express declaration, the suspension of licensing of allotment and construction in the area of the polygon or performance unit until passing the subdivision agreement is firm administrative.
Petitioners of licenses requested prior to the date of initiation of the record of land subdivision shall have the right to be recovered in a way that points to the number four of the twenty-seventh article.
The Local Authority may rescind, prior compensation of damages that corresponds, the licenses granted prior to the date of initiation of the record which are incompatible with the execution of planning.
3. The re-plotting project will be formulated:
(a) for two-thirds of interested owners representing at least 80% of the reparcelable surface, within the three months following the adoption of the delimitation of a polygon or performance unit.
(b) by the Local authority or urban active, ex officio or at the request of any of the affected owners, when they had not made use of their right or had not rectified within the period that is marcaré them defects that had appreciated in the project that if any.
Projects drawn up ex officio shall endeavour to comply with the criteria expressly manifested by stakeholders in the three months following the adoption of the delimitation of the polygon or performance unit.
Projects will be subject to public information for a month, with personal citation of those concerned, and shall be approved by the City Council or, where appropriate, by the urban development organ which is subrogated to the municipal powers.
One. In any case the subdivision project will take into account the following criteria: to) the right of the owners will be proportional to the surface of the respective plots at the time of the approval of delimitation of the polygon.
(b) the resulting solar will be valued with objective and general criteria for the polygon pursuant to its use and buildable volume and depending on your situation, characteristics, degree of urbanization and fate of the buildings.
c) will be sought, whenever possible, that awarded farms are located next to the ancient properties of the same owners instead.
(d) when the small claims of rights of some owners do not allow that they are awarded independent farms at all, the resulting solar will be awarded in undivided pro to such owners. However, if the amount of these rights does not reach 15 percent of the minimum buildable plot, the award may be replaced by compensation in cash.
(e) in any case, the differences in adjudication shall be compensation among stakeholders, valued at the average price of the resulting lots.
(f) plantations, artworks, buildings, facilities and improvements that cannot be stored will be assessed independently of the soil and its amount will satisfy the owner interested, charged to the project costs of urbanization.
Two. In no case may award as independent surfaces below the minimum buildable plot farms or which fulfil the configuration and characteristics suitable for your building in accordance with planning.
3. Shall not be new award, retaining the primitive properties, without prejudice to the regularization of boundaries when necessary and the financial compensation that apply: to) the land built pursuant to the planning.
(b) farms not built in accordance with planning, when the difference in more or less, between the use that corresponds to them in accordance with the Plan and which would correspond to the owner in proportion to their right in the subdivision, is less than fifteen per cent of the latter.
Four. In urban land, the rights of the owners in the subdivision shall be governed by the value of their respective plots at the date of approval of the Plan that motivare reparcelling pursuant to the provisions of article eight percent.
One. Passing the re-plotting project agreement will produce the following effects: to) transfer of right to the municipality that is acting on the domain and free of charge from all areas of transfer required for incorporation into the heritage of the soil or their involvement in accordance with the uses provided for in the Plan.
(b) subrogation, with full real efficiency, of the old by the new plots.
(c) real involvement of the plots allocated to compliance burdens and payment of the expenses inherent to the system of corresponding action.
Two. The subdivision approval agreement will be challengeable administrative. In contentious, only agreement may be challenged by vices of absolute nullity of the procedure for its adoption or for determining compensation, where applicable, appropriate.
Article cent one.
One. The body that has approved the subdivision project issue document with solemnities and requirements ready for the proceedings of its agreements, which relate the ancient properties and their owners, according to the provided titles or, in default thereof, by description of farms and indication of their owners, if known, and description of the new are plots with adjudication of each respective owner. This administrative document is notarized, protocolize notwithstanding that can also grant deed, in the cases and ways that are designated by regulation.
Two. The physical situation and legal farms or rights affected by the subdivision and those resulting from them will be reflected in the land registry, in accordance with provisions of the mortgage legislation in the form determined by law.
3. If any load it appears incompatible with the new situation or characteristic of the farm, the Registrar shall be limited to register in the corresponding seat, and interested parties can go to the competent court to request the Declaration of compatibility and incompatibility of the charges or charges on new farms, and in the latter case, its transformation into a right of credit mortgage on the new property to the extent that the cargo was recognized.
Two hundred article.
One. Allotments of land to reparcelling, take place when they are made on behalf of owners in the corresponding polygon or performance unit and in proportion of their respective rights, shall be exempt, on a permanent basis, of the General tax on property transfer and stamp, and will not have the consideration of transmissions of domain for the purposes of the levy of the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same, are flipped from settlements in terms of excess.
Two. The rules of the compulsory expropriation shall apply Additionally to reparcelling.
Chapter room ratings article three hundred.
Estimations of land shall be subject to the criteria established in this law.
Four hundred article.
One. The initial value of a property or unit of cultivation, for the purposes of this Act, shall be determined: to) by the gross yield that correspond you effective rustic farm or that is naturally susceptible.
(b) by its average value on sale for the purposes of his agricultural holding.
In no case may take into consideration values or returns which have direct or indirect relationship with the possible urban land use.
Two. Rustic performance the agricultural, forestry, cattle breeder, the hunting and any other such estimate included.
3. Between the returns that a farm is naturally susceptible, can estimate the results of transformations that can be operated with normal media, both mechanical and technical or capital, existing for the development of agrarian and leading exploitation to the optimization of the fertility of the Earth, but not the hypothetically resulting from an alleged application of means extraordinary.
Four. Cultivation units directly operated by the owners is set to also award condition that must be attributed in the case of compulsory purchase.
5. When the initial value to be arrived at by application of the above criteria is less than that recorded in cadastral assessments, municipal rates or other public estimates approved, will prevail the highest that converge on the ground.
Five hundred article.
One. The urban value is determined in function of the exploitation that corresponds to the land according to its situation, in accordance with performance that this use is attributed for tax purposes at the beginning of the evaluation record.
Two. The exploitation that, in any case, will serve as a basis for the determination of the urban value, after deducting the grounds of compulsory transfer affecting that, shall be as follows:-in developable not programmed, resulting from their use and occupation intensity, determined in the General Plan.
-In the schedule, the middle sector use.
-In urban, allowed for the Plan or, where appropriate, use the Middle set to polygons or performance units subject to subdivision, and in the absence of a Plan, three cubic metres per square meter, referred to any use.
3. Urban value to be determined on the basis of these criteria may be increased or decreased is fifteen percent maximum in consideration of the degree of urbanization and of the specific characteristics of the land concerned.
This correction applies regardless of which, for similar concepts, applicable pursuant to tax legislation.
Six hundred article.
One. Plantations, works, buildings and facilities that exist in the soil justipreciarán regardless of the same and will increase with the amount the total value of the property, except that, by their nature of permanent improvements, have been taken into account in the determination of the initial value or the urban under the two former article. Allowances in favor of rural and urban tenants shall be determined as laid down in the law on compulsory expropriation.
Seven hundred article.
Classified as non-developable land is tasarán according to the initial value.
Eight hundred article.
The land classified as urban or developable land in all categories is tasarán according to the urbanistic value.
Appraisals will be limit to the initial value, which shall prevail over the urban whenever this lower.
Nine hundred article.
Appropriate when applied to the appraisal of land value initial or urban, the price stated in the titles of acquisition or Constitution of assessments, subsequent to the promulgation of this law shall not be taken into account.
Hundred and ten article.
Provided that the value assigned to a plot in which the owner has paid some urbanization works, not opposed to existing plans at the time of executing them, is less than the sum of the initial value and of the proportion of the actual value of the works, it will be completed to cover the amount of both summands.
One hundred eleven article.
One. The valuation of real rights on real estate, for the purpose of its creation, modification or termination, shall be carried out pursuant to the expropriation provisions that specifically determine the fair price of the same; secondarily, according to the rules of administrative law or Civil governing the institution and, in their absence, by those established for inheritance tax, capital transfer and documented legal acts.
Two. To expropriate a farm taxed with loads, Corporation or body that made her choose between appraising each one of the rights that come with the domain to distribute to the holders of each of them, or rating the property as a whole and enter your amount held by the Court, so this set and distribute , by the formality of the incidents, the proportion corresponding to the respective stakeholders.
Twelve hundred article.
One. Assessments shall remain in force for ten years.
Two. When circumstances beyond speculation and real have noticeable variations in the market of land or in the general economic situation, the appraisals, ex officio or at the request of any affected owner will be revised.
3. As a basis for the review, without prejudice to other factors, the general weighted price index to the wholesale posted by the National Institute of statistics.
Thirteen hundred article.
Payment of the fair price in expropriations may verify in cash or, in accordance with the expropriated, by Exchange with other parcels of the beneficiary of the expropriation.
Title III implementation of the plans of Management chapter first provisions general article % 14.
One. The implementation of management plans corresponds to the State, local authorities and urban entities in their respective spheres of action, without prejudice to the participation of individuals in this execution in the terms established under this title.
Two. The execution of the plans by means of the system of expropriation, may be subject to administrative concession, which will be awarded through competition, in which the rights and obligations of the concessionaire shall be fixed.
Fifteen hundred article.
The State and local authorities may constitute joint-stock companies or companies of mixed economy, pursuant to the applicable legislation in each case for the implementation of management plans.
One hundred sixteen article.
One. Programmed urbanizable actions require the prior approval of the partial Plan of the corresponding sector.
Two. In the land not only programmed it may act through the adoption of programmes of urban action and the corresponding partial plans for its implementation.
3. The execution of the General systems of the urban planning of the territory provided Directors territorial coordination plans, or general plans, or of any of the elements of such systems is excepted pursuant to this article.
Seventeen hundred article.
One. The execution of plans and programs of urban action will take place for polygons full, except directly execute the General systems or any of its elements or perform actions in urban land.
Two. The estates shall be established taking into account the following requirements: to) that by its size and characteristics of the management are likely to take ground transfers arising from the demands of the Plan and urban action programmes.
(b) make possible the equitable distribution of the benefits and burdens of urbanization.
(c) have enough entity to justify technically and economically the autonomy of action.
3. In urban land, when no possible determination of a polygon with the requirements laid down in the previous issue, nor in the case of isolated actions, urban operations may be conducted through the delimitation of units of action that allow, at least, the fair distribution between the owners of the benefits and burdens arising from the planning.
Four. Should not be enclosed polygons or units of action immediate transfer free and compulsory grounds excluding polygons referrals and drives the corresponding part of the listed grounds.
Article eighteen hundred.
One. The delimitation of polygons and performance units, if not it contains in the plans, as well as modification of the already defined when appropriate, you will remember, ex officio or at the request of the individuals interested, by the special Local or urban entity acting, previous procedures for initial approval and outreach for fifteen days.
Two. However, no claim or recourse based on errors or omissions not reported in the phase of public information may give rise to the feedback of performances.
SECOND chapter performance article nineteen hundred systems.
One execution of polygons or performance units will be made by any of the following systems of action: to) compensation.
Two. The corresponding Administration will choose the applicable system according to the needs, financial means with which count, collaboration of private initiative and other circumstances that occur concurrently, giving preference to the systems of compensation and cooperation, except where reasons of urgency or necessity require the expropriation.
3. When the Management Plan or program of urban action not precisaren system, your determination will take place with the delimitation of the polygon or performance unit. If owners representing sixty per cent of the total area of the polygon or unit of action requested, in the processing of public information of the procedure for its delimitation, the application of the system of compensation, administration remember it after hearing the other owners of polygon or unit of action.
Four. In any case will the application of the system of expropriation when Board compensation, or in his case, the sole proprietor of all the lands of the polygon or unit of action fail to comply with the obligations inherent to the compensation system.
Hundred and twenty article.
One. The owners of land affected by an urban action subject to the fulfilment of the following loads: to) carry out transfers of land provided for in this Act.
(b) cover the costs of urbanization.
Two. The administration shall be bound to affect transfers from soil to the destination laid down plans, and eventually to the municipal patrimony of the soil, and perform urbanization on schedule. Variation in the fate of the land of compulsory transfer may not mean any decrease in the amount of transfers corresponding to the average in each case taking.
Article twenty-one cent.
When acting in determiminados polygons or performance units is not presumably profitable, to be excessive burdens in relation to scarce use planned for the buildable areas, the Council of Ministers, on a proposal from the Minister of housing, and after obtaining the opinion of the Council of State, hearing, or in his case, at the request of the interested municipalities, may be authorized without modifying the determinations of the Plan, a reduction in the contribution from the owners to the same or an economic compensation in charge of the Administration, trying to match the costs of the performance of other similar, that have been proven viable.
Article one hundred and twenty-two.
One. Costs of urbanization which need to be borne by the affected owners understand the following concepts:
(a) the works of roads, sanitation, water supply and electric power, lighting public, trees and gardening, are provided for in the plans and projects which are of interest to the sector or area of activity, without prejudice to the right to return of the installation costs of the networks of water supply and electricity charged to the companies that give services , except for the part that should contribute according to the regulation of those users.
(b) the compensation from the demolition of buildings, destruction of plantations, works and installations that require the execution of plans).
(c) the cost of the partial plans and urbanization and subdivision projects.
Two. The payment of these costs may be carried out, prior agreement with the owners concerned, giving these, free of charge and free of charges, building land in the proportion that is deemed sufficient to compensate them.
Article one hundred and twenty-three.
Owners of unscheduled plot, which is the subject of a programme of urban action, shall provide for the execution or supplement of the exterior works of infrastructure on which rests the urban action subject to the fulfilment of the charges referred to in number two of article eighty-five.
Article one hundred and twenty-four.
One. Obligations and burdens of the owners of the ground referred to in this chapter shall be fair distribution between them, together with the benefits derived from the planning, in the form agreed freely between compensation or land subdivision.
Two. Failure to comply with obligations and charges imposed by this law will enable the competent authority to expropriate the lands affected.
Article one hundred and twenty-five.
One. The transfer of 10% which refers to the number three of the 1980s article and four in the case of development of sector-specific operations or which by their nature require a reduced extension of land or placed in isolated spots, may be replaced by financial compensation, determined pursuant to the procedure laid down in article cent five.
Two. Also proceed compensation alternative among those affected when the circumstances of buildings in an urban action, it is not possible to carry out material of all or part of the same land reparcelling, superior to fifty per cent of the affected surface.
THIRD chapter one hundred and twenty-six article compensation system.
One. In the compensation system, owners provide the grounds of compulsory transfer, made his coast-to-coast urbanization in the terms and conditions to be determined in the Plan or programme of urban action or passing the system agreement and constitute Compensation Board, except that all land belonging to a single owner.
Two. The basis of performance and the statutes of the Board of compensation shall be approved by the corresponding administration. To this end, owners representing at least sixty per cent of the total area of the polygon or performance unit shall submit to the corresponding administration corresponding Bases and statutes projects. Prior to the resolution to be adopted, the other owners will be hearing.
Article one hundred and twenty-seven.
One. The polygon or performance unit owners who have not requested the system may join with equal rights and obligations Compensation Board, if they had not done so earlier, within the time limit of one month from the notification of the agreement's approval of the bylaws of the Board. If they did not, their farms will be expropriated in favor of the Compensation Board, which will have the status of beneficiary two. You can also join Board developers companies that participate with the owners in the management of the polygon or performance unit.
3. The Board of compensation will have administrative nature, its own legal personality and full capacity for the fulfilment of its purposes.
Four. A representative of the corresponding Administration will be part of the governing body of the Board in any case.
5. Compensation Board agreements shall be appealable in appeal before the corresponding administration.
Article one hundred and twenty-eight.
The transmission to the municipality corresponding, in the domain and free of charge, of all the lands of compulsory transfer and of the works or installations that owners should run their coast-to-coast will take place by operation of law under conditions to be determined by regulation.
Article one hundred and twenty-nine.
One. The incorporation of owners to compensation Board does not presuppose, unless the statutes had anything else, the transmission to it of the properties affected by the results of a common administration, in any case, land will be directly subject to the fulfilment of the obligations inherent in the system with annotation in the land registry in the form that is designated by regulation.
Two. Compensation boards act as fiduciaries with full power device on farms belonging to the owners members of those, no more limitations than those laid down in the three statutes. Transmissions of land that occur as a result of the establishment of the Compensation Board for contribution from the owners of the polygon or performance unit, where thus the statutes had it, or under compulsory purchase, and leases of plots carried out in favor of the owners members of these boards and in proportion to the lands incorporated by those they will be exempt, on a permanent basis, General property transfer tax and the of stamp, and will not have the consideration of transmissions of domain for the purposes of the levy of the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same, are flipped from settlements in terms of excess.
Article one hundred and thirty.
One. Compensation Board will be directly liable, the competent administration of the complete urbanization of the polygon or unity of action and, where appropriate, the construction of the resulting lots, when so any set.
Two. Amounts owed to the Compensation Board by its members will be payable by way of enforcement, by request of the Board to the corresponding administration.
3. The non-observance by the members of the Board's obligations and charges imposed by this law will enable the inspecting Administration to expropriate their respective rights in favor of the Compensation Board, which will have the status of beneficiary.
Chapter Room system cooperation article one hundred and thirty one.
One. Cooperation system, owners provide the soil of compulsory transfer and administration executes development works with charge to them.
Two. The application of the system of cooperation requires the subdivision of the land covered by the polygon or performance unit, unless this is unnecessary to be sufficiently equitable distribution of benefits and burdens.
3. Administrative associations of owners, either at the initiative of these or by agreement of the Council, with the purpose of collaborating in the execution of infrastructure works may set up.
Article one hundred and thirty-two.
One. Charges of the estate will be distributed among the owners in proportion to the value of farms are awarded to them in the subdivision.
Two. The corresponding Administration may require the affected owners pay amounts on account of the costs of urbanization. These amounts may not exceed the amount of the investments planned for the next six months.
3. The corresponding Administration may also, when the circumstances warrant it, agree with the affected owners a deferment in payment of the costs of urbanization.
Article one hundred and thirty-three.
In the system of cooperation not licenses may be granted for building until it is firm administrative approval of the subdivision of the polygon or performance unit agreement, where that is coming.
Fifth chapter expropriation article one hundred and thirty-four system.
One. The system of expropriation shall apply for polygons or performance units. full and you will understand all goods and rights included therein.
Two. Without prejudice to the provisions in the previous issue, the compulsory expropriation may be applied for the implementation of the General systems of the urban planning of the territory or that of any of its elements, or to perform actions isolated in urban land.
Article one hundred and thirty-five.
One. When the execution of the plans by the system of expropriation, the delimitation of the polygons or performance units shall be accompanied by a relationship of owners and a description of the goods or rights concerned, drafted pursuant to the provisions of the law on compulsory expropriation.
Two. If it does not act by polygons or units of complete performance, the application of the compulsory purchase for the execution of the General systems or any of its elements or to carry out actions in urban land, will require the formulation of the relationship between owners and description of property and rights referred to in the previous number, which must be approved by the expropriating body prior the opening of a period of public information for period of fifteen days.
Article one hundred and thirty-six.
One. When the bounded surface there is public property and the fate of the same as planning is different from which motivated their involvement or affiliation to the General-purpose or public services follow the procedure laid down in the law of heritage of the State or, where appropriate, in the legislation of Local regime.
Two. The rural roads that are covered in the bounded surface means of municipal property, unless proven otherwise. In terms of the urban roads that disappear, you'll understand transmitted full to the expropriating authority and subrogated by the new resulting from planning.
Article one hundred and thirty-seven.
The surface in the area delimited for expropriation purposes may not be performing any construction or modify existing ones, except in specific and exceptional cases following express authorisation by the expropriating body, which, if not the City Council, shall inform this for the purpose of the timely licensing.
Article one hundred and thirty-eight.
The expropiante can choose between follow expropriation individually for each farm or the joint in accordance with appraisal procedures applied to what is available then: first. The project of expropriation will be exposed to the public for term of one month, so that stakeholders, to whom the corresponding sheets of appreciation, must be notified to formulate observations and claims relating to ownership or assessment of their respective rights.
Second. Informed these by the inspecting administration, will raise the record to the Provincial Planning Commission for its resolution.
Third party. The decision shall be notified individually to the holders of goods and rights affected if stakeholders within twenty days, in writing their disagreement with the valuation established by the Provincial Planning Commission, with claim if any of what they deem relevant to their right, the Provincial Planning Commission will give record transfer the Provincial jury of compulsory expropriation for fixation of the fair price in accordance with the evaluation criteria set out in this law.
In another case, the silence of the person concerned shall be regarded as acceptance of the valuation set by the Provincial Planning Commission, understanding is determined definitively the fair price.
Room. The resolution of the Provincial Commission of urbanism will involve the Declaration of urgency of the occupation of the property or rights affected, and the payment or deposit of the amount of the valuation established by the same will produce the expected effects on six, seven and eight of the fifty article numbers and two of the law on compulsory expropriation, one hundred and thirty-nine article.
One. Without prejudice to what is available in the following section, the actions of the expropriation dossier will continue with those who appear as interested in the project of delimitation, drawn up in accordance with the law on compulsory expropriation or prove in legal form, be real holders of the goods or rights against what you say the project. In joint appraisal procedure, errors not reported and justified within the time specified in the number first of the preceding article not give rise to invalidity or replacement of performances, retaining, however, interested parties their right to be compensated in a way that corresponds.
Two. Time to pay the fair price, will only proceed to do it cash, consigning otherwise, those interested that provide certification registry on their behalf, in which record have spread the note of article thirty and two mortgage regulation or, failing, supporting their right titles, completed with negative of the property registry certifications relating to the same building described in the titles. If there were loads must also appear the same holders.
3. When there are contrary to reality registration statements the fair price may be paid to those who have rectified them or subverted by any media indicated in the mortgage legislation or act of notoriety processed in accordance with the article two hundred nine of the Notarial regulation.
Article one hundred and forty.
One. Once the payment or deposit you can raise one or more acts of occupation and sign, as one or more registry farms, all or part of the surface object of his action, required the registration of all and each one of the expropriated properties. The fact that some of these farms were not inmatriculada shall not prevent so that you can directly practice that registration. Apart from the registration of the grouped farms, and effects of transfer will extend the timely note.
Two. It will be inscribable title certificate or certificates of occupation accompanied by the minutes of payment or proof of consignment of the fair price of all occupied farms, which will be described under the mortgage law. That title, as well as which are necessary to practice the inscriptions referred to in the following article must be accompanied, where appropriate, of the respective planes, one of whose copies will be filed in the registry.
3. Whether to proceed to the registration came doubts based on whether within the occupied surface exist any registry estate not taken into account in the expropriation dossier, without prejudice to proceed with the registration, will be such circumstances for the purposes of the following article in the knowledge of the expropriating body.
Article one hundred and forty-one.
One. Handled the procedure of expropriation in the way established in the preceding articles, and raised the Act or acts of occupation shall be acquired free of charge all of the estates included therein by the expropriating administration, which will be kept in your purchase once it entered their right, without that it fit to exercise any actions real or interdictal against the same even if subsequently appear interested third parties not taken into account in the record who, however, shall retain and may exercise all personal actions could be entitled to perceive the fair price or expropriatory allowances and discuss the amount.
Two. If subsequent to the registration of the joint act of occupation appear farms or previously registered rights which were not taken into account in the expropriation proceedings, expropriating administration, of its own motion or at the request of an interested party or own Registrar, asked that 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 projects of public promotion in new estates to the creation of urban land, payment of the fair price of the goods and rights expropriated shall be collected by the inspecting administration, in accordance with the expropriated, with own urbanization resulting plots.
Two. The valuation of the assets and rights expropriated and the resulting plots will be in accordance with the criteria set out in this Act, taking into account the costs of the estate corresponding to the Plan as provided in article one hundred and twenty-two and in accordance with the procedure laid down in the law on compulsory expropriation. All this in the form and conditions to be determined by regulation.
Article one hundred and forty-three.
In all matters not provided for expressly in this law applies the general legislation of compulsory purchase.
Article one hundred and forty-four.
In the cases of expropriation referred to in paragraph two of article one hundred and thirty-four shall apply on condition the procedure of the law on compulsory expropriation without prejudice that the valuation of the land is made pursuant to the criteria for the evaluation of the present law article hundred forty and five.
The cost of expropriations referred to in the previous article can be echoed on owners resulting especially benefited by the urban action, through the imposition of special taxes.
Chapter six hundred and forty-six programmes of action planning article.
One. Local authorities and, where appropriate, the competent special urbanistic, ex officio or at the request of a party, may be called contests for the formulation and implementation of programmes of urban action, in accordance with the determinations and criteria that point to the General Plan to this effect.
Two. The contest will mark the areas suitable for the location of the actions, the extent of developable surfaces, minimum requirements of planning in relation to determinations and criteria for this purpose set the General Plan, with indication of the General purpose for which is intended action, the obligation of developers build a percentage of building in certain periods warranties and penalties for non-compliance, and other circumstances that set up the aforementioned action.
3. Bases will be realized also the other obligations that should assume the successful tenderers, which shall include, at least, the following: to) free transfer to the Local authority or, where appropriate, to the competent special planning of land earmarked for roads, parks and public gardens and other services and provision of general interest which, in any case, may be less than those established in the present law.
(b) construction of road network comprehensive area of action and networks of supply of water and electricity, sanitation, lighting and other services, where appropriate, provide for.
(c) construction of necessary connections on the outside of the area, with the networks referred to in the preceding paragraph.
(d) forecasting and execution of equipment appropriate to the size and purpose of the action which, in the case of residential use, will be least in the creation of public green spaces and in the construction of educational, social and commercial centers.
Four. The cession of ten per cent of the average utilization may be replaced by the major obligations which, for this purpose, to establish the bases.
5. Bases may also set the maximum prices of sale or rental of the buildings.
Article one hundred and forty-seven.
One. The bases will be drafted by the entity that called the contest and will be approved by the competent body for the approval of the programme of action.
Two. Contestants, to formulate their offers, must present planning progress.
3. The award of the contest will be awarded by the same entity that called it.
Four. The ceremony for the award of the contest will determine the applicable system and approve the progress of planning presented by the selected entrant for the purposes of article twenty-eight, with amendments that, in his case, came.
5. In any case the presentation of the progress of planning shall not limit the powers of the Administration with respect to the adoption of the agenda of urban action and partial plans that develop this article one hundred and forty-eight.
Awarded the tender, shall be for the selected contestant to formulate the corresponding programme of action in accordance with the progress of planning approved if not I had done previously, subject to determinations referred to in article 16 of this law and the procedures established for partial plans.
Article one hundred and forty-nine.
One. According to the forecasts of the General Plan and without detriment to established programs in it, local authorities and, where appropriate, the competent special urbanistic may formulate and directly implement programmes of urban action is unnecessary in this case the call for competition.
Two. They may also formulated and run programs of urban action without a prior call for competition when in the case of the urbanization of land earmarked for facilities of relevant production activities or of special importance and for the formation of industrial estates, and thus the Council of Ministers by Decree, agreed on the proposal of the Housing Ministry and the competent by virtue of the matter prior report of interested local corporations and the Central Commission of urbanism , and opinion of the Council of State. The obligations to be met by the successful tenderer in connection with what is established in paragraph three of article one hundred and forty-six will be determined in the Decree.
Article one hundred and fifty.
Of having directly formulated programmes of urban action by local authorities and, where appropriate, by the Special building, these may be called tenders for the execution and development of the same, subject to the laws and provisions governing their respective competencies.
Article one hundred and fifty-one.
Urban action programmes will be implemented by systems of compensation, cooperation or expropriation. The determination of the system shall be carried out by the Administration in the manner provided by this Act.
Article one hundred and fifty-two.
In any case, the approval of the program of urban action will involve the Declaration of public utility and the need for the occupation for the purpose of compulsory purchase of the land required to link the area with the corresponding elements of the General systems abroad.
Article one hundred and fifty-three.
Failure to comply with the obligations of the successful tenderer will lead, where appropriate, to the resolution of the Convention and to the lapsing of the urban action program, with respect to the portion of execution, without prejudice to the sanctions that apply.
Title IV exercise of the powers relating to the use and construction of the first chapter soil building first section promoting. Building and forced alienation of property article one hundred and fifty-four times.
One. The owner of solar, according to article 80, and two, must undertake the building within the time limit fixed by the Plan or programme of urban action.
Two. If not given, the term shall be as follows: to) two years, since the plot, that deserves the qualification of solar, falls in areas strengthened by building at least in two-thirds of its surface, if the owner of the plot, has ceded the land and funded the urbanization; and (b) three years from the provisional acceptance of the urbanization works concerning the number one article eighty and two in other cases.
3. For the purposes of this section, shall be also regarded as solar farms where there are buildings paralyzed, ruined, ruined, or inappropriate to the place to file, whose owners must undertake the building within the period referred to in paragraph two of the one hundred and fifty-six article.
Article one hundred and fifty.
One. Deadlines outlined for the edification unaltered although during the same multi-stream domain is effected.
Two. These deadlines will be extended by one year, if agreed it the City Council by just cause; for two years, pursuant to resolution motivated the Provincial Commission of urban planning, and longer, by agreement of the Minister of housing founded in excess of buildable.
3. Public corporations and industrial companies which held or purchased lots for extensions or future needs justified may retain them unbuilt for higher than anticipated in article cent fifty-four terms, consent of the City Council, heard the delegation of industry of the province and approved by the Minister of housing.
Article one hundred and fifty-six.
One. Elapsed time and the extension, if any, unless the owner has undertaken and followed at normal pace a solar building, adjusted to the Plan, the plot will immediately be forced sale and will be individualized and registered by the City Council, ex officio or at the request of any person, in the Municipal register of plots.
Two. Farms that referred to in paragraph three of the 50 cent article and four must be prior record transacted ex officio or upon request, included in the register of plots, but does not pass to the situation of forced sale has elapsed within two years, counting from the inclusion, without during this time have started or continued by the owner, the construction works , or then not to develop them with normal rhythm.
Article one hundred and fifty-seven.
One. The inclusion of a solar farm in the register will involve initiating the case of valuation, the end result shall be recorded in the same record.
Two. The fair price of the lots, built or not, will be based on its urban value, according to the present law.
3. The fair price shall take into account, where appropriate, compensation that have paid to rental right holders or other similar to the extinction the same.
Article one hundred and fifty-eight.
One. Any person may acquire, after deadlines for retention by the owner, outlined in fifty-four hundred articles and paragraph two of the one hundred fifty-six, a plot or property included in the register and apply for City Council that it will expropriate it and awarded entirely according to the assessment referred to in the preceding article, provided that the petitioner assumes commitments to build according to the Plan and enter the depository's municipal funds with fifteen days in advance to pay the fair price the amount needed to pay for it.
Two. The City Council may expropriate nursing plots and farms in a situation of forced sale to build them.
3. City Hall or the Provincial Planning Commission may develop and implement the regime of polygons of expropriation to all or some of the lots and farms included in the register.
Four. The purchaser of the land or farms expropriated may choose between the continuation or the extinction of actual rights that are not incompatible with the purpose of the expropriation; and if it not formulare any demonstrations, means that you opt for the absolute expropriation.
Article one hundred and fifty-nine.
One. The Town Hall, after two years unless it has exercised any of the powers covered by the preceding article, will bring to auction the property, under the type of bid that derived from the fair-price effected according to article cent fifty-seven and with the clause that the acquirer will have to build according to the Plan.
Two. The auction will take place according to the precepts that govern the hiring of local corporations, but, at the request of the owner, before the celebration of it, it may agree admitted bids to the trowel.
3. If proves superior to the type of tender price, the difference will be to the benefit of the expropriated owner.
Four. If the auction is declared deserted, you convene again, in within six months, with type by twenty-five percent price rebate.
5. If the second auction will stay also deserted, Hall, within the period of six months, can buy the property bound to the building in accordance with the Plan and the minimum bidding price.
6. In the case that the City Council not instituted the Faculty referred to in the preceding paragraph, the State of forced sale of the property will be suspended for one year, during which the owner may undertake and continue building to normal rhythm.
7. Expired term unless the owner has made it, the property shall be in a permanent situation of forced sale, according to the type of assessment resulting from the last auction.
Hundred sixty article.
One. The owner of real estate in forced sale situation may, as long as it subsists, exclude them from this situation, disposing them directly, through the granting of public deed in which the purchaser expressly undergo the obligation to build according to the Plan and within the deadlines indicated in article one hundred and sixty-two, except that previously has been requested direct acquisition or expropriation under article cent fifty-eight.
Two. The owner of real estate in situation of auction provided for in the foregoing article may exclude them from that before the agreement of his call, in accordance with these requirements: to) offering to the public of sale of property, through ad insert once a year in the "official bulletin of the province» and the two newspapers with the largest circulation in the population, which will detail the location , surface, prices according to the estimation in the register and registration number in it, indicating that the offer is formulated for the purposes of this article.
(b) placement in the building of a readable poster from a via public with the expression «Solar for sale» and the municipal registration number.
Grant of deed of mandate in favour of the Councillor or municipal official designated by the Mayor so that he can dispose of farm c) anyone who contract commitment to build according to the Plan and pay the spot price that it has valued the property whose price will be made in the document; and (d) delivered to the municipality of an authentic copy of the writing and titles through receipt of reception.
3. The offer is valid only while it is not formally notified the revocation of the mandate and will publish the ads referred to in paragraph a) of the preceding paragraph.
Four. Into force the offer, any person may accept it, which must be communicated to the Mayor's Office with expression of constituted power of the notary designated, or the municipal coffers, in concept of arras a deposit equivalent to five per cent of the price and on account of this.
5. The Councillor or official agent shall grant public deed of sale before the notary designated by the purchaser, in the term of the 15 working days following the date on which it received the notification of acceptance, and price will enter it in the depository of municipal funds at the disposal of the alienating owner.
Article one hundred and sixty-one.
One. The alienation of an included in the register property, carried out pursuant to articles hundred fifty-eight hundred and fifty-nine or sixty hundred, will produce the final extinction of leases and other personal rights consisting of any title in connection therewith, unless they impact in any way on the new construction or have reserved in her local or rooms to the former occupants.
Two. If the owner who intends to undertake or complete the construction, will produce the same effect granting the license, but sought it after the deadline mandated by the articles cent fifty and four-hundred fifty-five, but before existing request for acquisition by a third party.
3. If appropriate by reason of the nature of the obligation, the rights referred will be compensated by the owner for its real value, in accordance with the procedure laid down in the law on compulsory expropriation and as provided for in its article forty and three. In any case, the payment or deposit of compensation will be prior to the eviction.
Article one hundred and sixty-two.
One. Purchasers of plots and buildings referred to in this chapter shall be obliged to start or resume the construction works in the period of one year from the date of taking possession of the estate, and print development suitable to their normal completion.
Two. The same requirement will fall on the owner that has exercised the Faculty of paragraph two of the previous article.
3. In exceptional and justified circumstances, councils may be extended for another year as maximum compliance with the aforementioned obligation.
Article one hundred and sixty-three.
One. If the purchaser does not comply with its obligations in order to the building, the City Council shall declare him thus, ex officio or at the request of any interested party.
Two. Within the two months following this statement the expropriated owner may exercise the right of reversion if it is transaction to initiate or continue construction within six months since you take possession.
3. As payment for the reversal shall be paid seventy-five percent of the price satisfied by acquisition, increased with the value of the usable buildings.
Four. If the former owner is not instituted in time and form the right of reversion, the City Council may expropriate under equal conditions.
5. If ejercitantes of the right owner or corporation not to begin the works within the period of six months or continue them at the right pace, the property will go back to the situation of forced sale.
Article one hundred and sixty-four.
Councils, prior authorisation of the Minister of housing, or, with audience, may rescind the general regime of the forced building in all the municipal area or any part of it in the following cases: first. When in the territory affected by the suspension of the General Plan determine the need or desirability of internal reform operations or be initially adopted a Special Plan of this nature.
Second. When building densities are or other circumstances of urban, economic, or social character so warrant it, remain as such circumstances.
Second section. Cession of land one hundred and sixty-five article.
Councils may transfer land from the municipal heritage of soil to be built up or used, in general, for the purposes envisaged in the Management Plan.
Article one hundred and sixty-six.
One. Any assignment of land free of charge or for less than the cost price will specify that they are destined to meet needs of social housing and must be subjected to the authorization of the Minister of the Interior, following a report of the Minister of housing in the conditions and with the formalities laid down by law.
Two. Transfers for valuable consideration of land of the municipal heritage of soil will be exempt of the ministerial authorization.
Article one hundred and sixty-seven.
When required, the permanence of the uses to which the land intended for the local authorities, following a report of the Ministry of housing and authorization of the Interior, may transfer directly, for less than the cost or free price, the domain of land in favour of entities or institutions destined to end that manifest benefit to the respective municipalities.
Article one hundred and sixty-eight.
One. The alienation of land belonging to local authorities will require public auction, which tender rate shall be the urban value or, if exceeds this, which add to the amount of acquisition the proportional part of the works and services to be established, additional expenses of management or preparation, accommodation for families or companies settled and satisfied compensation.
Two. If the auction will stay deserted, Corporation can sell directly within the maximum period of one year, according to the type of tender price and establishing the obligation to start building within the period of six months and end it in another appropriate to the importance of it.
Article one hundred and sixty-nine.
One. Still, the alienation of lands of the municipal heritage of soil may be made directly for the following purposes: to) public buildings intended for official bodies;
b) buildings of public service, public or private, property requiring a location determined without speculative purpose, as a parish, cultural centers, health or sports facilities, and c) housing by government agencies.
Two. The disposal will take place for the price that applicable in the case of auction.
3. Specifications type, who will have to adjust direct assignments and that will be determined the minimum obligations of purchasers and guarantees of all kinds may be approved by the Minister of housing.
Hundred and seventy article.
One. With all of the requirements outlined in the previous article and the others who are prevented in the present, also land may be disposed of directly to build houses the following petitioners: to) charity and social entities that are promoters of subsidized housing; and (b) persons economically weak, for their access to the small property in joint operations approved by the Minister of housing, on its own initiative, local governments or the National Housing Institute.
Two. In the case of subparagraph (b)) above, the plans and specifications, with pricing, will be exhibited to the public in the City Hall for two months.
3. Within that period, people who interesare to acquire plots will direct requests to City Hall with the supporting documents of their family and economic situation.
Third section. Transfer of rights of surface article seventy one hundred and one.
One. State, local authorities and special building and other public persons, within the scope of their competence, as well as individuals, may constitute the surface rights on grounds of their property destined for the construction of housing, complementary services, industrial and commercial facilities, or other certain buildings in management plans, whose right will correspond to the superficiario.
Two. The surface rights shall be transmissible and liable to assessment, with the limitations that may have attached to constituting what and will be governed by the provisions of this section, establishing title of law and, secondarily, by the rules of private law.
Article one hundred and seventy-two.
One. The granting of the right to surface by the State and other public persons shall be by auction or direct award as a result of having proceeded to a partial expropriation of the domain of the ground, by allowing the implementation of the Plan. The direct award may be free of charge or for less than the cost price, provided that the land be used for the purposes provided for in articles hundred sixty and six-hundred sixty and nine. It will require further authorization from the Housing Minister or of the Interior, according to which such an award get verified by urban bodies of the State administration or by the local authorities.
Two. The Constitution of the surface rights shall be in any case formalized in writing and, as establishing its efficacy requirement, register in the land registry.
3. When you transgress against payment, the consideration of the superficiario may consist in the payment of a sum raised by the concession or a regular canon, or the awarding in homes or at local or at lease some or other rights or in several of these modalities at the same time, without prejudice to the total reversal of the built up at the end of the term that had agreed to form the surface rights.
Article one hundred and seventy-three.
One. The surface rights shall terminate if it builds within the period provided in the Plan or the agreed, if it was a minor, or by the course of the term that had agreed to provide it, which shall not exceed seventy-five years in the granted by the State and other public persons, or ninety-nine in the agreed between individuals Two. When the surface right for having trenscurrido the term is extinguished, the owner of the ground will do his thing built property, but he must satisfy compensation any anyone who is the title under which it had set up that right.
3. The extinction of the right to surface by the course of the term cause of all kinds of real or personal rights imposed by the superficiario.
Four. If for any reason they met in the same person the rights of ownership of land and of the superficiario, the burdens that fall on one and another law will continue taxing them separately.
Article one hundred and seventy-four.
The granting of the right to surface by the State and other public persons and its Constitution by individuals will enjoy advantages according to the rules established in the award of ratings, loans and aid provided for in the protective legislation of houses, fourth section. Non-fiscal discretion on poor building one hundred and seventy-five article.
One. To promote the building according to management plans, councils may impose a non-fiscal discretion on land plots located in urbanized sectors when building occupies two-thirds of the land surface in each polygon, the constructions referred to in article % fifty-six and insufficient height with respect to the permitted buildings and that is normal in the industry.
Two. When the lack of height derivare approval or modification of plans or ordinances after the date of construction of the building, the non-fiscal discretion only may be imposed once after ten years from the entry into force of the new permitted height, which may be extended by the Council or the Commission of urbanism at the request of the owners.
Article one hundred and seventy-six.
City Council agreed the imposition of the tax, simultaneously approve the Ordinance and rate regulating it and raise the record to the Provincial Planning Commission for final approval, if applicable.
Article one hundred and seventy-seven.
The tax issue in a fifty percent owners of plots that cumplimentaren as provided for by article 100 sixties.
Chapter second intervention in the construction and the first section land use. Article one hundred and seventy-eight licenses.
One. Shall be subject to prior license, for the purposes of this Act, the acts of building and land use, such as the urban subdivisions, land movements, the works of new plant, modification of structure or external appearance of the existing buildings, the first use of the buildings and modification of the use of the same, the demolition of buildings placement of visible propaganda posters from the public highway and other acts that señalaren plans. When acts of building and land use made by private individuals on land in the public domain, shall be also required license, without prejudice to authorizations or concessions that are relevant grant by the entity holder of the public domain.
Two. The licenses will be awarded in accordance with the provisions of this law, urban planning and urban development programmes and schemes where appropriate, complementary standards and subsidiaries for the planning.
3. The licensing procedure will be adjusted to the stipulated in the legislation of Local regime. In no event shall be acquired by administrative silence powers against the prescriptions of this law, plans, projects and programmes and, where appropriate, of the complementary norms and subsidiaries for the planning.
Article one hundred and seventy-nine.
One. Competition to award licenses will the City Council, except in the cases provided for by this law.
Two. Any denial of license must be motivated.
Article one hundred and eighty.
One. The events in the hundred and seventy-eight article that promote by organs of the State or public law bodies who administer State assets are also subject to municipal licence.
Two. Where reasons of urgency or exceptional public interest so require, the competent Minister by reason of the matter may agree remission to the corresponding Town Hall of the project in question, so that in the period of one month notify conformity or nonconformity with urban planning in force.
In case of disagreement, the record shall be sent by the interested Department to the Minister of housing, who will raise it to the Council of Ministers, following a report of the Central Commission of urbanism. The Council of Ministers will decide whether to run the project, and in this case will order the initiation of the procedure of modification or revision of planning, in accordance with the procedures established in this law.
3. The City Council may, in any case, agree suspension of the works referred to in this article number one when they intended to carry out in the absence or in contradiction with the notification in accordance with the planning established in the previous issue, communicating this suspension to the organ editor of the project and to the Minister of housing for the purposes prevented in the same.
Excepted from this ability works directly affecting the national defense, for which suspension must mediate agreement of the Council of Ministers upon proposal of the Housing Minister at the request of the competent City Council and the affected military Ministry or high greater State report, case of affecting more than one military Ministry.
Second section. Orders of execution or suspension of works or other uses 180 article and one.
One. The owners of land, developments of particular initiative, buildings and posters should keep them in conditions of security, public sanitation and ornament.
Two. Councils and, where appropriate, other competent agencies sorted, ex officio or at the request of any interested party, the execution of the works required to maintain those conditions.
Article one hundred and eighty-two.
One. Councils and, where applicable, the provincial delegations and the provincial commissions of urbanism, they may also order, for reasons of interest tourist or aesthetic, the execution of works of conservation and reform on façades or places visible from public roads, unless they are previously included in Plan management.
Two. The works will be executed at the expense of the owners if they contain on the edge of the duty of conservation that corresponds to them, and by funds of the entity that tells you when they rebasaren to achieve improvements of general interest.
3. The owners of goods included in the catalogues referred to in article 25 may collect, to preserve them, the cooperation of municipalities and county councils, which will lend it in appropriate conditions.
Article one hundred and eighty-three.
One. When any building or part of it is dilapidated, the City Council, ex officio or at the request you any interested party, declare and agree the total or partial demolition, after hearing of the owner and the inhabitants, except imminent danger that prevented it.
Two. There would be the ruinous State in the following cases: a) technically not repairable damage by normal means.
(b) repair cost superior to fifty percent of the current value of the building or affected plants; and (c) urban circumstances that shal1 demolition of the building.
3. If the owner does not comply with what was agreed by the City Council, this will execute it at the expense of the obligor.
Four. If there is urgency and danger in delay, the City Council or the Mayor, under its responsibility, for safety reasons, it shall ensure with respect to the occupancy of the building and its occupants eviction.
5. The same provisions shall apply in the event that construction deficiencies affect the health.
Article one hundred and eighty-four.
One. When related in the article % seventy-eight acts of building or land use is made without license or order of execution, or comply with the conditions laid down therein, the mayor or the Civil Governor, ex officio or at the request of the provincial delegate of the Ministry of housing, will have the immediate suspension of such acts. The suspension agreement shall be communicated to the Town Hall in within three days if that had not been adopted by the two Mayor. Within the period of two months as from notification of the suspension, the interested party must apply for the appropriate license or, if necessary, adjust the works license or order of execution.
3. Expiry of that period without expressed license have been urged, or works have been adjusted to the abovementioned conditions, City Hall remember the demolition works at the expense of the person concerned and will definitely prevent applications that would result. Similarly proceed if the license is denied for being its provision contrary to the requirements of the Plan or the Ordinance.
Four. If the City Council not proceed with demolition within the period of one month from the expiry of the term that referred to in the previous number or since the license was denied for the reasons expressed, the mayor or Civil Governor you have directly the demolition, at the expense also of the person concerned.
Article one hundred and eighty-five.
One. Whenever he had not after more than one year since the total completion of the works carried out without license or order of execution or not conform to the conditions laid down therein, the authorities referred to in the preceding article will require to the promoter of the works or their successors in title so request within two months of the appropriate license. The request shall be communicated to the Mayor in within three days if that had not been made by the same.
Two. If the person concerned does not apply for the licence within the period of two months, or if the license was denied for being its provision contrary to the requirements of the Plan or the Ordinance, shall be in accordance with the numbers three and four of the previous article.
3. In previous articles shall be independent of the faculties corresponding to the competent authorities, under the specific system of authorization or concession to which they are subject certain acts of building or land use.
Article one hundred and eighty-six.
One. The Mayor will be the suspension of the effects of a licence or order of execution and consequently the suspension immediately initiated under its protection works, when the contents of these administrative acts clearly constitute an urban development infraction grave.
Two. If the Civil Governor, ex officio or at the request of the provincial delegate of the Ministry of housing, detects that the works carried out under cover of a licence or order of execution are that same kind of urban development infraction, it shall inform of the municipal corporation, to its President proceed according to article in the previous issue. If within ten days of the President of the municipal corporation does not adopt measures expressed in that number, the Civil Governor's office, remember suspension effects of license or order execution and immediate cessation of works, three. In any case, the Authority agreed the suspension shall, in within three days, to give direct transfer of that agreement to the room of contentious competent for the purposes prevented in both numbers and following of the cent article 18 of the law of the administrative jurisdiction.
Article one hundred and eighty-seven.
One. Licences or orders of execution whose content clearly constitutes any serious planning infringements defined in this law should be checked within four years from the date of issue by the municipal corporation granted them through one hundred and ten article of the Administrative Procedure Act procedures, either ex officio or at the request of the Civil Governor , to request, where applicable, the provincial delegate of the Ministry of housing.
The Corporation must be agreed, where appropriate, the demolition of the carried out works, all without prejudice to the responsibilities which fall due in accordance with the provisions of this law.
Two. If the municipal corporation does not appropriate the adoption of previous agreements in the period of one month from the communication of the Civil Governor, this will give account to the Provincial Commission of urbanism for the purposes specified in the number four of the fifth article of this law.
Article one hundred and eighty-eight.
One. The acts of building or land use related article cent seventy-eight that is made without license or order of execution on grounds that are skilled in planning as parkland or open space will be subject to the legal regime established in article cent eighty and four were while in course of execution; and the regime provided for in article one hundred and eighty-five when they have accomplished, without that it may apply to the limitation of time limit established by that article.
Two. Licences or orders that are granting with violation of the zoning or urban use of green areas or spaces provided for in the plans will be null void. While the works are currently running will be the suspension of the effects of the license and the adoption of other measures provided for in the article one hundred eighty-six. If the works were finished, be its ex officio cancellation by the procedures provided for in article % nine of the Administrative Procedure Act.
3. If the authorities and bodies which concern the articles one hundred eighty-four to one hundred eighty and seven they not adopt measures of these precepts, when occurs any of the cases referred to in the previous issues, the provincial delegate of the Ministry of housing will give knowledge of the situation created by the same holder of the Department which may exercise the powers and adopt corresponding measures under the above-mentioned precepts.
Third section. Article one hundred and eighty-nine urban inspection.
The Planning Inspectorate shall be exercised by the Central and local bodies referred to in the sixth title, within their respective competencies.
Article one hundred ninety.
The mayor shall exercise the urban allotments, works and installations of the municipal inspection to verify compliance with the required conditions.
Title V management economic chapter first provisions general article cent Ninety-one.
One. State and local authorities will develop its urban action through authorized economic resources and that this law establishes.
Two. In the General State budget contributions will be invested pursuant to the distribution annually the Housing Minister agreed.
Article one hundred and ninety-two.
One. Councils in capital of province and more than fifty thousand inhabitants shall, and the remaining may form a special budget of urban planning to meet the obligations arising from this Act, which shall be governed by the provisions for the ordinary under the Local Government Act.
Two. In the statement of revenue may only contain the following resources: to) grants, aid and donations granted for urban purposes.
(b) assignments of the same kind in the regular budget of the own Corporation.
(c) products of disposals of land pertaining to the municipal heritage of soil.
(d) levies authorized or that hereafter they authorize.
(e) non-fiscal taxes and fines; and (f) performance of loans, loans, or other forms of payment.
3. In addition to the appropriations corresponding to the amount of studies, projects and first development works arranged for plans and projects approved in accordance with this law, only be included in the statement of expenditure of the special budget the amounts needed to attend the service of interest and amortization of loans. loans or other forms of advance payment referred to in (f)) of the previous paragraph, as well as a game of "Dept" to provide urgent and necessary costs that may arise in the development of the budget.
Four. When works, entertainment expenses, are executed conservation and modification of urbanization will be from the regular budget.
Chapter second grants and allowances article one hundred and ninety-three.
The State devoted annually amounts allocated in their budgets to contribute for the purposes of this Act and, in particular, the acquisition of land to form soil reserves, develop for housing construction and grant advances and, where appropriate, grants to local governments and autonomous State entities with the same purpose and under the modalities that are imposed.
Article one hundred and ninety-four.
One. The purposes prevented in article eighty-nine Councils referred to, be entered in its regular budget an amount equal to five per cent of the amount for the number of annuities which requires the development of the Plan.
Two. They also allocated five percent, at least of the same budget execution of residential areas provided for in the programmes of action.
3. Expressed assignments will appear at the same time in the statement of revenue of special budgets of urbanism when any.
Article one hundred and ninety-five.
For the purposes of this Act, local governments may issue obligations, arrange loans and constitute mortgage on the land acquired and homes built its pursuant to specific legislation.
THIRD chapter levies article one hundred and ninety-six.
One. The exactions of the special budget for urban planning can be: to) rights and on the provision of municipal public services and special exploitation rates.
(b) special contributions by works, facilities or services; and (c) local taxes on urban planning, increase in volume of construction, territorial contribution on urban wealth and extraordinary charges on the same and on the discretion of increase in value of the land.
Two. Shall be credited also in this budget the fines imposed by the mayors for infractions of the ordination and the non-tax revenue on poor Building Plan.
Article one hundred and ninety-seven.
Rights and on providing services that beneficiaren especially to certain people or cause especially for them only and special exploitation rates shall apply to the budget of urbanism when properties and municipal facilities in exploitations are made are enclaved in the estates of new development or reform, or municipal utilities will give them While you are in force for them the regime of urbanization.
Article one hundred and ninety-eight.
One. When the works, installations or services performed by the City Council benefit especially to people or certain classes or cause in a special way by the same, although there were no specific increases in value, the imposition by special contributions shall be a maximum of ninety per cent of the total cost, with uniform character.
Two. They will not apply the limitations set out in the seventy-four hundred article of the law on Local Government.
Article one hundred and ninety-nine.
One. He is established on a basis of generality the municipal tax on urban planning, to which all terrains are subject without building located in the estates affected by planning.
Two. This discretion will graduate in the following two periods: first. Since the adoption of the Business Plan, if it is urban land. and the partial Plan in other cases until full completion of infrastructure works relating to each farm; and second. From the total completion of the works, until it is granted a construction license, except if did not stage, continue, and end in the terms that are señalaren, according to the importance of the works.
3. The tax applies in its different periods, without prejudice to the other taxes or surcharges, authorizing the Local Government Act.
Four. The gardens of private property whose plantations respond to proper management and a path will not be subject to the tax.
Article two hundred.
One. In the first period, based on the discretion of urban planning will be urban development value of the land not built according to the Plan, and the type of assessment, zero, fifty percent.
Two. The application of the preceding paragraph will modify provisions in relation to the discretion about solar in the Local Government Act.
Article two hundred one.
One. In the second period, the tax on urban planning will be transformed into discretion about solar unbuilt, with application of the rules laid down for it in the law on Local Government, except for the type of assessment, which will be progressive, without that in no case may be less than zero, 50% nor exceed two percent, graduated according to the time which remains inedificado the solar and from the moment of completion of the work of urbanization affecting him.
Two. The levying of the tax shall entail in this period the exclusion of the special surcharge of 4% on taxable liquids of the Territorial contribution, urban wealth, authorizing this Act, with respect to land plots in the polygons.
FOURTH chapter benefits two hundred two article.
The realization of new developments, by supporting them ahead of time, and in full in complying the precepts of this law and in cases arising cost them disproportionate when the developer made his coast-to-coast services or general interest endowments, will give rise to the right to a reduction of up to eighty per cent of the taxable basis for the urban Territorial contribution of the buildings made on the grounds of new development.
Two hundred three article.
The realization of development in sectors of interior refurbishment works, by supporting them promptly and in advance, originate the right to a reduction in the tax base of the urban Territorial contribution of new buildings, as Max in the percentage from that fees and charges which apply to new constructions are equivalent to the attributable to farms occupying the ground before the new development.
Two hundred four article.
The enjoyment of the benefits referred to in articles two hundred two and two hundred three will be ten years. the date of completion of the relevant buildings.
Two hundred five article.
The enjoyment of tax benefits referred to in the three preceding articles is incompatible with any other fiscal benefits granted generally to new buildings and they will not be, therefore, susceptible to enjoy simultaneous or successive. In these cases corresponds to the beneficiaries the right to opt for one of the benefits that may be applicable.
Title VI bodies executives and managers chapter first provisions general article two hundred six.
You will understand in the development of the activities regulated by this law specifically, without prejudice to the powers of other authorities, Central and local bodies.
Two hundred seven article.
One. Central bodies will be: to) the Minister of housing.
(b) the Central Planning Commission); and (c) the Directorate General of urban planning.
Two. Local bodies will be: to) the provincial planning commissions.
b) the Councils, under a normal regime or in the urban management; and (c) the provincial councils and Island Councils.
Two hundred eight article.
One. Urban bodies of the Ministry of housing shall exercise their respective functions in a hierarchical order.
Two. Urban bodies may delegate in the immediate lower hierarchy, by term renewable, and determined the exercise of the powers deemed suitable for the greater effectiveness of the services.
3. Also can any upper body gathering the knowledge of matter that for the lower hierarchical and reviewing the performance of these.
Article two hundred and nine.
Competition governing thirty-three, thirty-six articles. two, thirty-seven, one hundred and seventy-five hundred eighty-one hundred and eighty-two, one hundred eighty and nine and one hundred ninety of the present law shall be exercised either by any of the agencies that concerns each one of these precepts.
SECOND chapter two hundred and ten article central bodies.
One. The Central Commission of urbanism, in the Ministry of housing, is the top organ of consultative status in the field of planning and urban development.
Two. The Central Planning Commission will be chaired by the Deputy Secretary of housing.
3. They will form part of the Commission, in the number and shape is established by law, representatives of the various ministerial departments, local corporations, Trade Union, public corporations whose activity is immediately related to planning and urbanism, and up to a maximum of five members appointed by the Minister of housing between persons of proven competence in any of the specialties of urbanism.
Four. Also form part of the Commission: to) when undergo its report the territorial Directors plans for coordination: the Presidents of the councils and the mayors of provincial capitals and municipalities of more than twenty thousand inhabitants affected.
(b) the representatives of the ministerial departments with category of Director-general to designate the respective Ministers, in relation to matters within its special competence for each case.
5. The Commission will act in full, sections and presentations, with the composition and functions determined by law.
6. The President may convene meetings to authorities or technical personnel deemed appropriate to the best advice of the Commission.
Two hundred eleven article.
One. The Central Planning Commission shall mandatorily prior to the adoption of the National Plan of management, the directors territorial plans coordination and general municipal management plans of the capitals of province and municipalities of more than fifty thousand inhabitants, and whenever required by any legal or regulatory provision report.
Two. The Minister of housing may also refer to consultation of the Central Commission of urbanism, many matters relating to its competence is suitable.
3. When the Housing Minister disagrees of the mandatory report of the Central Commission of urbanism, the resolution of the issue will be up to the Council of Ministers.
Two hundred twelve article.
The General direction of urban development will act as a standing body responsible for the preparation of the Affairs of the Central Committee of the management and implementation of the agreements of the Ministry of housing and urbanism.
THIRD chapter article two hundred thirteen local bodies.
One. The provincial planning commissions shall be presided over by the Civil Governor of the province, and they will have the services of the State and representing local corporations.
Two. The powers of the provincial commissions of urbanism will be unavailable information, management, decision-making and control and be directed especially to guide, encourage, and inspect the planning and carrying out the necessary works for urban development article two hundred and fourteen.
The urban competence of Councils shall include all faculties that being of local nature had not been expressly conferred by this Act to other organisms.
Two hundred fifteen article.
One. Councils may request that an urban management Institute for study, guide, direct, execute, and inspect the planning.
Two. To promote urban management will accompany the request report justifying the proposal, with an exhibition of the plans, functional system and projected financial resources.
3. The approval of the management regime will correspond to the Council of Ministers, on the proposal of the Interior, following a report of the Minister of housing.
Four. The manager shall be appointed by the Minister of the Interior, on a proposal from the city councils, and the designation may be filled by a member of the municipal corporation or who ostentare not that character, provided that one or the other are specially trained.
5. The ministerial provision which constitutes the management shall determine its powers.
Two hundred sixteen article.
One. Municipalities may constitute a voluntary association for the development of their urban development competition.
Two. The Housing Ministry may propose to the Ministry of the Interior Constitution forced municipal groups with the same purpose, when I was recommended and there were no initiative or agreement between the municipalities affected.
3. The management regime in the same case and form covered by the foregoing article may be instituted.
Four. Constituted the Commonwealth or grouping, the corresponding municipal powers shall be exercised through the common organisation, which will ensure that the development that has been reserved or delegate in the municipalities separately are observed promptly the provisions of this law and the existing town planning.
5. The Commonwealth or forced grouping must keep its nature of Local Government agency, although he had grant and representation of the State.
Two hundred seventeen article.
One. The councils and inter-island besides his competition for the formation and execution of Directors territorial coordination plans, cooperate with municipalities in training, effectiveness and implementation of municipal and inter-municipal plans.
Two. When councils mostraren notorious dereliction of planning obligations, the Councils may assume them and, where appropriate, the inter-island, prior authorization from the Ministry of the Interior.
Two hundred eighteen article.
If any town hall suspendue seriously the obligations arising out of this Act or of the existing town planning, or acting with notorious negligence in general, the Minister of the Interior, on the proposal of the housing, may appoint a Manager or transfer the necessary powers of the municipal corporation to the Provincial Planning Commission, which shall exercise them through an outstanding Special Committee from its and that will be representing the City Council.
Title VII legal regime chapter first requests, acts and agreements article two hundred and nineteen.
Local corporations and urban development agencies have resolved well-founded requests that are directed to them in accordance with this law or declare the reasons that to do otherwise.
Two hundred and twenty article.
Decisions which they adopt the Minister of housing, the provincial planning commissions, the councils or the inter-island through justified the exercise of municipal competition subrogation shall be considered as acts of the Corporation owner, for the sole purpose of allowable resources.
Article two hundred twenty-one.
One. Administrative acts that are decommitted in the exercise of the functions covered in this law may be listed or registered in the land registry, in accordance with provisions of the mortgage legislation, as appropriate, by agreement of the Provincial Commission of urbanism, ex officio or on the proposal of the corporation responsible for the estate.
Two. Provisions of the preceding paragraph shall be without prejudice of the cases provided for by other provisions of this Act, in which it will not be necessary the intervention of the Provincial Commission.
Article two hundred and twenty-two.
Acts and agreements of the authorities, corporations and urban bodies that do not require government approval will be immediately executives, without prejudice to the resources established by the law.
Two hundred and twenty-three article.
One. Councils may use enforcement and route of enforcement to enforce duties to the owners, individual or associated, and field enterprises.
Two. Implementation and enforcement procedures be directed primarily against the assets of those who have not fulfilled their obligations, and only in the event of insolvency against the administrative Association of owners.
3. They may also exercise the same powers, at the request of the Association, against the owners who failed commitments with her, two hundred and twenty-four article.
One. Municipal agreements that constituyeren manifest breach of planning regulations may be left in abeyance in the year following its notification or publication when this is mandatory, by the bodies and procedure and effects that are foreseen in the article hundred and eighty-six, simultaneously by adopting the appropriate measures to ensure the effectiveness of the broken provisions.
Two. Local authorities may review ex officio its acts and agreements in the field of urbanism pursuant to the provisions of articles nine hundred et seq. of the law on administrative procedure.
SECOND chapter planning infringements article two hundred and twenty-five.
The violation of the provisions contained in this Act or in the plans, programmes, policies and Ordinances shall be regarded as urban development infractions and will lead to the imposition of sanctions on those responsible, as well as the obligation of compensation for damages and compensation for damages in charge of them, all this irrespective of the measures provided for in the articles one hundred eighty-four to one hundred eighty-seven of this law and the responsibilities of criminal order that offenders have been incurred.
Two hundred and twenty-six article.
One. Urban planning violations will be classified in major and minor in the form determined by law.
Two. They will, in principle, be of serious offences which constitute breach of the rules concerning subdivisions, use of floor, height, volume and location of the buildings and allowed occupation of the surface of the plots.
3. Urban planning violations will be sanctioned according to provisions of articles one hundred and thirty-three et seq. of the law on administrative procedure.
Two hundred and twenty-seven article.
By law the sanctions that may be imposed as a consequence of this law, adapting them to the classification of urban planning violations will be determined.
Article two hundred and twenty-eight.
One. In the works that will run without a license or with failure to comply with its provisions, they will be punished with fines in the amount determined in this law, the promoter, Entrepreneur of the works and the technical director of the same.
Two. In works in a license, whose content is manifestly constitutive of a serious urban development infraction, shall be equally liable to fine: the optional which has been favorably reported the project and members of the Corporation that had voted in favour of the granting of the license without prior technical report, or when this is unfavorable due to the infringement , or the warning of illegality provided for in the legislation of local regime had been made.
3. Professional associations that had entrusted the visa of the precise technical projects for obtaining licenses, in accordance with article cent seventy-eight, denied the visa to which contain any of the offences provided for in the two hundred twenty-six point two article.
Four. Fines imposed different subjects as a result of a same violation will be mutually independent.
5. To adjust the fines it will serve primarily to the seriousness of the matter, the economic entity of the acts constituting the infringement, their repetition by the person responsible for and the degree of guilt of each of the offenders.
6. The competent authorities to impose fines and the maximum amounts of these are as follows: to) the mayors: in municipalities that do not exceed ten thousand inhabitants, one hundred thousand pesetas; that do not exceed fifty thousand inhabitants, five hundred thousand pesetas; that do not exceed one hundred thousand inhabitants, one million pesetas; that do not exceed five hundred thousand inhabitants, of five million pesetas; and in the more than five hundred thousand inhabitants, 10 million pesetas.
b) the civil Governors, prior report of the provincial committees of town planning, up to twenty-five million pesetas.
(c) the Minister of housing, following a report of the Central Commission of urbanism, to fifty million pesetas.
(d) the Council of Ministers on a proposal from the House and following a report of the Central Commission of urbanism, to 100 million pesetas.
7. In the illegal subdivisions, the amount of the fine may be extended to an amount equal to all the benefit earned more harms and damages, and the amount of the sanction will not be never less than the difference between the initial value and the corresponding land for sale.
Two hundred and twenty-nine article.
Which, as a consequence of urban development infraction, suffered damage may require any of the offenders, with supportive character, redress and compensation.
Article two hundred and thirty.
One. Urban development infractions will prescribe a year have been committed, except when in the present law establishes a higher deadline for its enactment or revision, two. The period of limitation begins to compute from the day in which the infringement has been committed or, where appropriate, from one in that procedure had been instituted.
Article two hundred and thirty-one.
When the benefit that derived from an urban development infraction is over the sanction that corresponds, will this increase in the amount equivalent to the benefit obtained.
Chapter third party liability of the Administration article two hundred and thirty-two.
Source of compensation due to cancellation of a license via administrative or contentious-administrative courts shall be determined in accordance with the rules governing general responsibility for the administration. In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.
Chapter Room actions and resources article two hundred and thirty-three.
Agreements of the Provincial Planning Commission or its President, as well as those referred to in subparagraph (b)) number six of the article two hundred and twenty-eight, will be subject to appeal before the Minister of housing.
Two hundred and thirty-four article.
They will have administrative character all the issues that will arise during or as a consequence of the acts and agreements regulated under this law between the Ministry of housing and local corporations, individual owners or partners or field companies, even those relating to cessions of land to develop or build.
Two hundred and thirty-five article.
One. The action to demand the enforcement of planning legislation and plans, programmes, projects, policies and Ordinances before the administrative courts and administrative bodies will be public.
Two. If such action is motivated by the execution of works that are considered illegal, you can exercise during the execution of the same and up to one year after its completion.
Two hundred and thirty-six article.
The owners and holders of rights in rem, in addition to provisions in the previous article and the two hundred twenty-nine, may require the demolition of the works and installations that vulneraren what is established with respect to the distance between buildings, wells, cisterns, or pits, community of constructive elements u others urban as well as provisions relating to cumbersome applications before the ordinary courts unhealthy or dangerous, that they were directly aimed to foster the use of other farms.
Two hundred and thirty-seven article.
One. The acts of local authorities, what ever their object, which put an end to the administrative procedure shall be appealable directly before the contentious.
Two. Acts of final adoption of management plans and urban development projects will be contested before the contentious in the terms prevented in article twenty-nine of the regulating law of such jurisdiction.
FINAL provisions first.
Many provisions are opposed to the provisions of this law with the caveats contained in the following provisions are repealed.
Articles hundred seventy-five to one hundred seventy and seven and hundred ninety and eight to two hundred one, inclusive, of this Act shall be repealed on the entry into force of the Bases of the statute law of Local Government, and shall be replaced by the precepts of the same to the content of those to be incorporated. The one hundred and eighty-eight articles bis and one hundred and eighty-eight ter of law number Nineteen/thousand nine hundred seventy-five, dos de Mayo, of reform of the law on regime of the soil and urban management of twelve of may one thousand nine hundred fifty and six will enter into force at the same time to the mentioned law of Bases of the status of Local Government.
One. The Government, when the circumstances warrant, can be lifted, by Decree, after obtaining the opinion of the Council of State, the amounts of the reserves and provisions referred to in the twelve articles, one, b), and thirteen, two, b), c), d) and e). These amounts may decrease only when exceptional circumstances so require, prior favourable opinion of the Council of State. Also, the Government may establish other reserves and forecasts of a similar nature on the proposal of the Minister of housing, and where appropriate, the holder of this Department and the competent Minister by reason of the matter.
Two. The Government is authorized to establish, by means of Decree, the criteria according to which the General plans have the amount of the reserves and provisions applicable to urban land or, where appropriate, to determine the amount directly, according to urban circumstances of affected populations.
3. The Government, by Decree, on a proposal from the Ministry of housing, shall set the conditions and proportion in that you can ascribe to the housing construction of a social nature, the buildable surface obtained by public performances for the creation of land developed, corresponding to the use referred to in articles 80 and four point three and eighty-five point two , as well as their transfer at cost price or less, when they are promoted by public entities or non-profit housing.
The Government is authorized so by Decree, on a proposal from the Minister of housing, and after obtaining the opinion of the Council of State, reviewed the composition of the provincial commissions of urbanism and, when the circumstances warrant, you modify the same composition and the Central Commission of urbanism fifth.
Authorizes the Government to adapt the amount of fines established in article two hundred twenty-eight, the evolution of the socio-economic circumstances on the basis of the general weighted price index by Decree, on a proposal from the Minister of housing, to the wholesale posted by the National Institute of statistics.
The Government, in the six months following the adoption of the revised text of the regime of the land law and urban planning, dictate by Decree, on a proposal from the Minister of housing, after obtaining the opinion of the Council of State, the general regulations or, where applicable, partial regulations as it deems appropriate for the development and implementation of this law.
This law shall apply in Álava in everything what is not opposed to economic and administrative specialties that make up his own regime. Applies also in Navarra, without prejudice to the law of sixteen of August of thousand eight hundred forty and one on regime of its provincial government and Provincial and the Navarre municipalities, as well as other provisions of their peculiar right, recognized by the Royal Decree-Law four of November's thousand nine hundred twenty-five.
TRANSITIONAL provisions first.
One. General management plans in force at present will adapt to provisions of this law. The adaptation may be limited to the classification of the soil, determination of the average utilization and incorporation of the relevant programme.
Two. Local authorities should submit proposals for adapting to the competent bodies for the adoption of the plans, within four years following the entry into force of the law number Nineteen/thousand nine hundred seventy-five, dos de Mayo, reform of the law on the regime of the soil and urban development of twelve of may one thousand nine hundred fifty and six.
3. The Government, on the proposal of the Minister of housing, may, in justified cases, reduce or extend this deadline in two years.
Four. Proposals for adaptation shall be subject to the same procedure for the approval of plans, without the application in these cases the expected approval by administrative silence in article forty and one of the present law.
5. If proposals for adaptation were not submitted for approval within the indicated deadlines, the Ministry of housing or the provincial planning Commission, where appropriate, shall write them and process them automatically.
6. Provisions of this transitional provision shall in all cases without prejudice to the immediate implementation of the standards of accommodation of the of territorial urban contribution concerning the sixth final provision of the law number Nineteen/thousand nine hundred seventy-five, dos de Mayo, of reform of the law on regime of the soil and urban management of twelve of may one thousand nine hundred fifty and six , under variations of qualification of soil in existing plans that come determined by the application of this law.
So do not carry out the adjustment provided for in the previous provision, the following rules shall be considered: one. Partial plans definitely approved prior to the entry into force of the law number nineteen / nineteen seventy five, dos de Mayo, that are not currently running under the following transitional provision and which definitively approved later will be executed according to the precepts of this law. The purposes prevented in article 80 and four, it means use half that result from the partial Plan within its own sphere.
Two. Partial plans that are initially approved subsequent to the entry into force of the reform law of the law on regime of the soil and urban development shall comply with the provisions of article 13 and develop determinations laying down the respective urban development plans for various qualifications of soil.
Partial plans that are currently running to the entry into force of the law number nineteen / nineteen seventy five, dos de Mayo, will continue running according to the precepts of the regime of the land law and urban planning of twelve of may one thousand nine hundred fifty and six.
For these purposes, means that they are currently running: to) on the system of cooperation, when the citation of the owners has occurred by the Council referred to in article one hundred eighteen of the regime of the land law and urban planning of twelve of may one thousand nine hundred fifty and six.
(b) in the system of expropriation, when it has finally adopted the delimitation of the expropriation referred to in article 100 twenty-one point four of the aforementioned law of twelve of may one thousand nine hundred fifty and six or, in his case, had produced such delimitation of the expropriation with the sum of the corresponding approval partial Plan , or has had conducted the delimitation of the Area of urgent urban action in the terms prevented special legislation.
(c) in the compensation system, when had approved by the competent planning authority the Constitution of the Board of compensation.
(d) in the system of cession of land road, when is hubise agreed by the City Council running urbanisation works by such a system, on the terms prevented in the hundred and thirty two point article of law expressed in twelve of may one thousand nine hundred fifty and six.
The precepts of 50 law and two/thousand nine hundred sixty-two, twenty-first of July, on valuation of land subject to expropriation in execution of housing and urban development plans, will no longer apply in the municipalities that have approved general plans, in accordance with the provisions of this law or, where appropriate, have been carried out adaptation that refers the first transitional provision.
The proceedings that had begun under cover of the aforementioned law of twenty-first day of July of thousand nine hundred sixty-two continue to grow in accordance with its rules.
Also, until general management plans in force nowadays adapted to this law, in accordance with the first transitional provision, or, where appropriate, approved new General municipal development plans, the Government, by Decree, on a proposal from the Minister of housing, it may agree to application of the provisions of this law for urban action programs in the cases regulated in article one hundred and forty-nine areas or areas to be determined in the Decree itself, matter what classification or urban use of land comprising.
One. The Government, within the period of one year, shall draw up and forward to the courts a project of Bases of the National Management Plan pursuant to the seventh article of this law, in which the generic guidelines of the urban structure and regional management and planning of the territory shall be established.
Two. Until approval of the National Management Plan can be formulated and adopted plans territorial Directors with the content and the procedure laid down in articles eight and thirty-nine of the present law.
3. Municipalities that do not have, to the entry into force of this law, with General urban Plan approved or processing should be made, within the period of one year, project of delimitation of urban land established in article 80 and one point two.
The provincial planning commissions is surrogated in the previous paragraph when councils had not formulated the project within the period which is designated in the same.
Four. Plans concerning areas or tourist attractions, which are processed under the aegis of its specific legislation, shall comply with the determinations of the plans in this law without prejudice to the specialties that have contain pursuant to its purpose.
Table of validity of provisions affected by the Law 19/1975, of May 2, reform of the law on the regime of the soil and urban planning Decree of one of March one thousand nine hundred forty and six, urban and regional planning of Bilbao and its area of influence: effective in terms of its organizational structure and functions, without prejudice to the general applicability of the revised text.
Decree of 23 of may of the year one thousand nine hundred and forty and seven rules of organization and functioning of the administrative Corporation «Gran Bilbao»: effective in terms of its organizational structure and functions, without prejudice to the general applicability of the revised text.
Decree of 14 of October of thousand nine hundred forty-nine, town planning of Valencia and its region: effective in terms of its organizational structure and functions, without prejudice to the general applicability of the revised text.
Act in sixteen of December of nineteen fifty-four, on compulsory purchase: affected by the articles sixty-four to sixty-seven; hundred three and hundred thirty four to hundred forty and five of the present text.
Law of twelve of may of thousand nine hundred fifty-six, in regime of the soil and urban: repealed when its provisions integrated into the revised text.
Decree of the twenty-first day of August of thousand nine hundred fifty-six, passing urban valuation ratios. Hereby repealed without prejudice to the fourth transitional provision of the consolidated text.
Order of 27 of March of thousand nine hundred fifty-eight, Joint Commission responsible for coordinating the management of the ministries of public works and housing in the issues that affect them in common: effective.
Order of 20 of June of thousand nine hundred fifty-eight, Joint Commission consisting of representatives of the ministries of public works and housing for the study of the problems that affect them in common in the towns bordering the coasts and beaches: effective.
Law forty and three/thousand nine hundred fifty-nine, of 30 July and Decree-Law 4/thousand nine hundred seventy-two, of 30 June, National Institute of development: effective, the reference of the article four, number four, to the article one hundred thirty-eight of the twelve of may one thousand nine hundred fifty and six law must be understood made to the cent item 15 of the consolidated text.
Order of the twenty-first day of April of the year one thousand nine hundred and sixty-one, concessions for agricultural use on property of soil from the National Institute of estate reserve: effective.
Decree one thousand one hundred and sixty-six/thousand nine hundred and sixty, twenty-three may, articulated text of the special law of Barcelona: forty-nine article: affected by the ninth articles, ten, eleven, twelve and thirteen of the text revised.
Article 50: Affected by articles 80 and three, eighty-four, eighty-five, ninety-nine and % of the consolidated text.
Article fifty-one: affected by the ninth articles, ten, eleven, twelve, thirteen, eighty-three, eighty-four, eighty-five and one hundred twenty-five of the revised text.
Article fifty-two: affected by items and sixty-four, sixty-five, one hundred fourteen, hundred thirty and four to one hundred forty-five of a consolidated text.
Article fifty-three: affected by the items one hundred and one hundred twenty-eight of the revised text.
Article 54: affected by the items one hundred and one hundred twenty-eight of the revised text.
Article 55: affected by the hundred nineteen and one hundred twenty-seven articles of the revised text.
Article 56: affected by the hundred forty-two of the amended text article.
Article 57: effective.
Article 58: effective.
Decree thousand ninety and four/thousand nine hundred sixty-one, twenty-second day of June, buildings of education in villages consisting of subsidized housing: affected by the system of allocations and assignments of the consolidated text (articles 13, eighty-three, eighty-four and eighty-five).
Decree two thousand four hundred fourteen/thousand nine hundred sixty-one, 30 November, regulation of annoying, unhealthy, Nocivas and dangerous activities: current.
Decree four hundred eighty and five/thousand nine hundred sixty-two, twenty-second of February, Montes regulation, article 30: effective.
Order of 14 of March of thousand nine hundred sixty-two, provincial planning commissions: effective, without prejudice to compliance with otherwise authorized in the fourth final provision of the consolidated text.
Order of twenty-fourth of may of thousand nine hundred sixty-two, four/thousand nine hundred sixty-one and ninety thousand Decree development rules: affected by the system of allocations and assignments of the consolidated text (articles 13, eighty-three, eighty-four and eighty-five).
Fifty-two law/thousand nine hundred sixty-two, twenty-first of July, valuation of land subject to expropriation in execution of plans of housing and urban development: repealed, without prejudice to the fourth transitional provision of the consolidated text.
Decree three hundred forty and three/thousand nine hundred sixty-three, twenty-first of February, valuation of land subject to expropriation in execution of plans of housing and urbanism: repealed, without prejudice to the fourth transitional provision of the consolidated text.
Fifteen March of one thousand nine hundred sixty-three order, instruction for application of the regulation of annoying, unhealthy, Nocivas and dangerous activities. Existing.
Decree thousand five hundred ten/thousand nine hundred sixty-three, five in June, rules on disposal of plots owned by the National Institute of development: effective.
Decree thousand six hundred seventy and four/thousand nine hundred sixty-three, of 11 July, of the Madrid special law articulated text: article 65: affected by the ninth articles, ten, eleven, twelve and thirteen of the text revised.
Article 66: affected by articles 80 and three, eighty-four, eighty-five, ninety-nine and cent of a consolidated text.
Article sixty-seven: affected by the ninth articles, ten, eleven, twelve, thirteen, eighty-three, eighty-four, eighty-five and one hundred twenty-five of the revised text.
Article sixty-eight: affected by items and sixty-four, sixty-five, one hundred fourteen, hundred thirty and four to one hundred forty-five of a consolidated text.
Article sixty-nine: affected by the items one hundred and one hundred twenty-eight of the revised text.
Article 70: Affected by one hundred and one hundred twenty-eight of the text articles.
Article seventy and one: affected by the hundred nineteen and one hundred twenty-seven articles of the revised text.
Article seventy and two: affected by the hundred forty-two of the amended text article.
Article seventy and three: effective.
Article seventy-four: effective.
Article 75: effective.
Law twenty-one hundred/thousand nine hundred sixty-three, two of December, Metropolitan Area of Madrid: effective, notwithstanding that the referrals of the law of twelve of may one thousand nine hundred fifty and six are understood made to the revised text, and of general applicability to all not regulated by special law. Current planning figures are those of the reform act, and accordingly, those contained in the text, leaving affected the provisions of the Act twenty-one hundred/thousand 1900s sixty-three, two in December, as do not conform to them.
One hundred and fifty-eight law/thousand nine hundred sixty-three, of two December on modification of management plans and development projects when they affect green areas or spaces provided for therein. Repealed, to be integrated its precepts in the revised text.
One hundred and ninety-seven law/thousand nine hundred sixty-three, twenty-eight in December, centers and national tourist interest areas: effective in what it does not object to the present consolidated text and without prejudice to the fulfillment of the third final provision of the law of two of may of thousand nine hundred seventy-five of the soil and urban reform.
Decree six hundred and thirty-five/thousand nine hundred sixty-four, five in March. Enforced building regulations and Municipal registry of lots: until the publication of new regulations, which replace it and while not opposed to the present consolidated text.
Decree-Law 5/thousand nine hundred sixty-four, twenty-third of April, expropriation and valuation of land included in the poles of promotion and Industrial Development: replaced by assessment and procedure standards expropriation (articles hundred three and hundred thirty and four to one hundred forty five) of the consolidated text, without prejudice to the application of the fourth transitional provision.
Decree one thousand seven hundred and fifty-three/thousand nine hundred sixty-four, of 11 June, rules to prevent clandestine structures, second through seventh articles, including: replaced by articles hundred eighty and four to one hundred eighty-eight and two hundred twenty-nine to two hundred thirty-five of the revised text regarding the cases referred to in paragraphs b) and c) article one and affected in the course of the section to) of the same article.
Order of twenty-fourth of July of thousand nine hundred sixty-four, which rules on administrative actions in the Municipal registry of solar and other properties of forced construction and approve leaves the book record and their index: current.
Decree two thousand eight hundred fifty-four/thousand nine hundred sixty-four, of 11 September, procedure of compulsory purchase in the promotion and Industrial development, article seven poles: replaced by the valuation rules expropriation of a consolidated text, without prejudice to the application of the fourth transitional provision.
Decree three thousand and eighty-eight/thousand nine hundred sixty-four, twenty-eighth of September, regulation of the Metropolitan Area of Madrid: effective, notwithstanding that the referrals to the law of twelve of may one thousand nine hundred fifty and six are understood made to the revised text and the applicability of this to all not regulated in the Special Act and its regulations. Current planning figures are those of the law reform, and therefore those contained in the text, leaving affected the provisions of the twenty-one hundred/thousand nine hundred sixty-three, two of December and its regulation approved by Decree three thousand eighty and eight/thousand nine hundred sixty-four, twenty-eighth of September as not conforming to the same.
Decree four thousand twenty-six/thousand nine hundred sixty-four, three in December, regulation by which the titles develop first and second articulated text of the special law of the municipality of Barcelona: one hundred eleven article: affected by the thirteen articles and seventeen to twenty five of the revised text.
Article one hundred twelve: affected by Decree-Law 5/thousand nine hundred seventy-four, twenty-fourth day of August, Decree three thousand two hundred seventy and six/thousand nine hundred seventy-four, twenty-eighth of November, three thousand two hundred eighty / nineteen seventy-four, twenty-eighth day of November, and, where applicable, by the thirty articles and one to thirty-five and thirty and nine to the forty and one of the consolidated text.
Thirteen hundred article: ninth affected by articles to thirteen and twenty-three of the revised text.
(One hundred fourteen article: repealed, to be replaced by articles 14, 35 e) and forty and forty-one of the consolidated text.
Fifteen hundred article: affected by the Decree-Law 5/thousand nine hundred seventy-four, twenty-fourth day of August.
One hundred sixteen to one hundred twenty articles: modified by articles four to one hundred and ninety two of the revised text in which is subsisting after the adoption of the regulation of Reparcel of seven of April one thousand nine hundred sixty and six.
Article twenty-one cent: affected by articles 80 and three, eighty-four, eighty-five, ninety-nine and cent of a consolidated text.
Article one hundred and twenty-two: affected by the items one hundred and one hundred twenty-eight of the revised text.
One hundred twenty-three to one hundred twenty-six articles: affected by articles four to one hundred and ninety two of the revised text in which is subsisting after the adoption of the regulation of Reparcel of seven of April one thousand nine hundred sixty and six.
Article % veintisiete.uno.a): modified by seventy-eighth article of the revised text.
Article % veintisiete.dos: modified by the seventeen hundred article of the revised text.
Article one hundred and twenty-eight: effective.
Article % veintinueve.uno: modified by articles 80 and three, eighty-four and eighty-five of the revised text.
Article % veintinueve.dos: modified by articles 80 and two to eighty-five and one hundred fourteen to hundred twenty-five of the revised text.
Article % veintinueve.tres, four and five: effective.
Hundred thirty and one hundred and thirty-one articles: Vigentes in not affected by the one hundred forty-two of the amended text article and Reparcel regulation.
Article one hundred and thirty-two: current in the unmodified Reparcel regulation.
Article one hundred and thirty-three: effective in the unmodified Reparcel regulation.
Article one hundred and thirty-four: effective.
Article one hundred and thirty-five: effective. The references be construed as references to articles 60 and sixty-one of the consolidated text.
Decree four thousand two hundred and ninety-seven/thousand nine hundred sixty-four, twenty-three decembers, regulations under the law on centres and national tourist interest areas: effective in what it does not object to the present consolidated text and without prejudice to the fulfillment of the third final provision of the law of two of may of thousand nine hundred seventy-five of the soil and urban reform.
Act eighty-six/mil 1900s sixty-five, of 17 July, limitation, acquisition, planning and urbanisation of the polygons residential and industrial that are located at the poles of promotion and industrial development and decongestion.
Second article: replaced by rules on valuation and expropriation procedure (articles hundred three and hundred thirty and four to one hundred forty five) of the consolidated text, without prejudice to the application of the fourth transitional provision.
Thousand six/thousand nine hundred sixty-six, seven April, Decree regulations of Reparcel soil affected by urban planning: force until the publication of the new regulations, which replace it and while not opposed to the present consolidated text.
Decree one thousand four hundred and eighty-three/thousand nine hundred sixty-six, sixteen June disposal of plots owned by the National Housing Institute for construction of buildings of public or social interest: effective.
Decree thousand seven hundred forty-four/mil 1900s sixty-six, of 30 June, which regulates tax benefits to the urban contribution, surcharges and local taxes, referred to in the law of soil: modified by articles two hundred two to two hundred six of the present text.
Decree nine hundred Seventeen/thousand nine hundred sixty-seven, on 20 April, outdoor advertising: effective, the reference to the articles 13 and following of the law of twelve of may one thousand nine hundred fifty and six means made the seventeen articles et seq. of the revised text.
Decree two thousand one hundred eighty-three/thousand nine hundred sixty-eight, sixteen of August application of regulation of annoying, unhealthy, Nocivas and dangerous activities in the areas of public domain and on activities directly executable by official bodies: affected by article 180 of the revised text.
Order of the twentieth of may of thousand sixty nine. Provisional ordinances of subsidized housing: first and third Ordinances: affected by the revised text (articles 12 to 15) planning regulations.
Ordinance 11: modified by seventy-four article of the revised text.
Ordinance 21: modified by seventy-five item of the consolidated text.
Ordinance 22: affected by items twelve and thirteen of a consolidated text.
Order of the twenty-sixth day of may of thousand sixty nine: standards for the alienation of plots and assignment of roads, parks and gardens and public estates and land services networks owned by the National Housing Institute: effective.
Decree-Law 7/one thousand nine hundred and seventy, twenty-seventh day of June, urgent urban projects. Exhausted further force without prejudice to their application to the already defined areas.
Decree three thousand four hundred twenty-one/thousand nine hundred seventy-two, of 11 February, National Institute of urbanization. Reorganization: effective.
Decree four hundred fifty and eight/thousand nine hundred seventy-two, twenty-fourth day of February, release of expropriation records promoted for urbanistic reasons: effective.
Act eight/thousand nine hundred seventy-two, ten may, highways: article veinte.tres c) and four c): affected by the new classification and legal regime of the soil of a consolidated text.
Decree thousand nine hundred ninety and four/thousand nine hundred seventy-two, of 13 July, the Ministry of housing organization: effective, except for their third final provision.
Order of 27 of January of thousand nine hundred seventy-three, organic regulation of the provincial delegations and special of the Ministry of housing: effective.
Order of four of March of nineteen seventy-four, circumstances and requirements that should be included in urban expropriation proceedings: effective.
Decree-Law 5/thousand nine hundred seventy-four, 24 August, metropolitan city Barcelona: effective, notwithstanding that the referrals to the law of twelve of may one thousand nine hundred fifty and six are understood made to the revised text and the applicability of this to all not regulated in the decree-law. Current planning figures are those of the reform law and accordingly, those contained in the consolidated text, leaving affected provided for in the provisions of the decree-law five/thousand nine hundred seventy-four, 24 August as do not conform to them.
Decree three thousand two hundred seventy-six/nineteen seventy-four, twenty-eighth of November, regulation on organization and operation of the metropolitan city of Barcelona: effective, without prejudice to compliance with otherwise authorized in the fourth final provision of the consolidated text and the referrals to the law of twelve of may one thousand nine hundred fifty and six are understood made to the revised text and the applicability of this to not regulated in the decree-law and its regulations. Current planning figures are those of the reform act, and accordingly, those contained in the consolidated text, leaving affected provided for in the provisions of the Decree-Law 5/thousand nine hundred seventy-four, twenty-fourth day of August, and the regulation approved by Decree three thousand two hundred seventy and six/thousand nine hundred seventy-four, twenty-eighth of September as not conforming to the same.
Decree three thousand two hundred eighty/nineteen seventy-four, twenty-eighth of November, Barcelona Provincial Commission of urbanism: current, without prejudice to the authorization granted in the fourth final provision of the consolidated text and the referrals to the law of twelve of may one thousand nine hundred fifty and six are understood made to the revised text and the applicability of this to all not regulated in this Decree and the decree-law.
Law and fifty and one/thousand nine hundred seventy and four roads, articles 30 and siete.tres of December nineteen and forty and ocho.cuatro: affected by the new classification and legal regime of the soil of a consolidated text.
Law Nineteen/thousand nine hundred seventy-five, dos de Mayo of reform of the law on regime of the soil and urban management: integrated its precepts in the revised text, third, fourth, sixth and thirteenth, except for its final provisions that, independently, are remaining.
Given in Madrid to nine of April one thousand nine hundred seventy and six.
JUAN CARLOS the Minister of housing, FRANCISCO LOZANO VICENTE