I. The difficulties and problems associated with the adaptation of the urban centres to the requirements imposed by modern technology and the conditions of life of the industrial society with its major demands for equipment The European Union's policy on the environment and the quality of its environment and the need to prepare an adequate and socially appropriate settlement for the large population of the population that will increase the urban core in the next few years. The order of twenty-two million more inhabitants in Spain only by the end of the century-they have been claiming in the This is the last time for its transcendence and complexity, the attention not only of governments and men of science, but of the citizens themselves all over the world.

As a result of this concern, the Economic and Social Development Plans have considered urban planning to be one of the great themes of our time and incorporate a diagnosis of the current situation into their pages. In addition to this prospect of the future, which requires the dynamic, hardly reversible, of the process of urbanization, it is the necessary starting point for the task of updating the legal instruments that allow us to deal with the double aim to solve the problems already raised and to prevent those that may arise in the future.

II. The examination of the Spanish urban situation allows? in spite of the management efforts developed in recent years and the large amounts invested to regulate the market of the soil, the process of urban development is characterized, in general, by the congestive densification of the hulls cities, the disorder of the periphery, the urban indiscipline and the increasing or unjustified prices of the soil suitable for the growth of the cities.

The causes of this situation are obviously complex. Some can be safely located within the framework of the legal system, but this should not be surprising if it is taken into account that the current Law on Soil and Urban Planning is enacted before the full implementation of the law. Accelerated "urbanization" in Spain.

Intuido, however, this process by the legislator in a thousand nine hundred and fifty-six, many of the problems that it entails were previewed and can be said that the principles that inspire the Law of the Soil have almost permanent validity. In all justice, this legal text received an excellent reception from the specialized scientific critique, and the best proof of its magnificent technical invoice and the general correct of its conception is that sixteen years after its promulgation It can be the structural support of a legislative reform that aims to update the legal order in such a conflictive and dynamic plot of reality. And it is that, as you will see, the problems do not derive as much from the validity of those principles, but rather from their insufficient development, the flawed implementation of the measures articulated to make them effective, the inadequacy of the those measures to the changing circumstances of the country or the inimplementation or ineffective application of those measures themselves.

Among the causes of the Spanish urban situation, which can be treated with legislative measures, are the following:

(a) An insufficient impact of economic planning on physical planning and a design of the urban plan, introduced in Spanish legislation to the thread of the dominant doctrine at the time when the Law of the Soil, as a closed document, static and finished, advance image of the city in the year horizon and limited to the physical aspects of the process of urbanization, which has been overcome already from a theoretical perspective and that is revealed in the practice as incapable of directing the urban process with the dynamics that demand the current circumstances.

b) Urban indiscipline, which has found in the misalignment of the Plans to the changing needs the apology permanently invoked and that has also been favored by the bankruptcies that the current order offers the principle of fair and equitable distribution of the burdens and benefits of planning and urbanization, because of the indefencement that has assumed for the public interest the generous application of the principle of responsibility of the Administration to those affected by the annulment of illegal licences, even if they may be present in their action, dolo, fault or gross negligence; for the ineffectiveness of the instruments of control and restoration of the urban planning and for the disproportion between the political responsibility of the state bodies that have attributed the exercise of urban protection and its effective powers to adequately care for this plot of public interest.

(c) The inadequacy of the administrative structures and the mechanisms for coordination and protection between the different administrations concerned, the increasing complexity of the urban planning phenomena of the territory.

d) The abusive use of the rules on building promotion, invoked in a large number of cases for the fundamental purpose of circumventing the rigor of the legislation of leases, and the extraordinary benefits offered by the large volumes of construction, insufficiently counterbalanced by the corresponding burdens, both of which have contributed significantly to the densification of urban hulls.

e) From the point of view of urban policy, the fundamental condition of the supply of land and its excessive price Io constitutes the scarcity of urbanized soil. This shortage is mainly determined by the plans themselves when they qualify for urban development as an insufficient amount of soil to meet, under reasonable conditions of competition, the needs of the demand; accumulated deficit of primary and secondary infrastructure; by a legal system of the soil which has not constituted sufficient stimulus against the advantages that the owners have found in their dominant position in this market and by means of implementing rules for plans which have not been successful in coordinating investment public and private, or to make the agility in acting and justice compatible in the distribution of benefits and burdens.

The Soil Law based its anti-speculative policy fundamentally on the capacity of public land assets to be used as market regulators and in the rules on the forcible disposal of solar build. The inadequacy of these instruments, as they have been conceived, does not give rise to doubts.

This excessive rise in land prices has had the very serious consequences not only of housing housing in all its categories and of industrial and service establishments, but also of the ownership by private owners of an important part of the capital gains arising from the urbanization process. The low level of burdens required by urban legislation and the notorious inadequacy of fiscal corrections have allowed consolidation in the private hands of significant unrenountially public benefits.

III. However, the variety and heterogeneity of the explanatory causes of the unsatisfactory urban situation, it is clear that many of them refer to this type of instruments of configuration of the economic and social reality that in the context Spanish culture is translated into legal norms. The perfectionist desire for logical rigor in the conception and application of planning, the idealism of its mechanisms, its lack of efficiency to control processes of great vitality and fluidity that have overflowed the path of an indiscipline, Sometimes even out of necessity, and not only the definition of the rights and obligations of the owners, the determination of competences or the regulation of the infractions, sanctions and responsibilities, they find their reflection in the frame common which is the legal order. The review of this can and must have a decisive influence on the future of urban development. The need for such a review is clear. It is absolutely essential to define a legal framework for urban policy that takes advantage of the experience acquired during the validity of the Law of Soil and is more in line with the needs of the present and a future In order to achieve this, the Commission will be able to draw up a number of guidelines to guide the expected growth of the urban population in the best conditions, both socially and economically.

The reform that is now proposed tends to correct the causes of the situation attributable to the legal order at the legislative level, in the context of the above considerations. It is therefore not a question of resolving all the issues raised by the growing problem of the urban process. It is intended to affect those problems whose solution can be attempted with legal measures and which, in turn, do not require a modification of the institutional framework of the Administration or of the master lines of the current Law of Soil, in which the new provisions are integrated. Finally, the Government is entrusted with the recasting of the basic and other basic urban standards and related, in the least possible number of texts, in order to minimise the failures of the principle of unity of legislation. The law of the Soil in such a good measure and to which it is now served even previewing the ulterior integration in other legal texts of precepts of this Law that, however its urban content, are considered more own of others regulatory bodies.

IV. To fill the gap existing in the legal order in order to the connection of the physical planning with the socio-economic planning, the figure of the Territorial Territorial Coordination Plans is regulated "ex novo". a priori, and to which it is assigned, as a fundamental mission, to point out the great guidelines that must guide and coordinate the urban planning of the territory within the forecasts of the Plans of Development and with the adequate attention to the problems of the environment, and to establish the physical framework in which they are to be developed In coordination, the forecasts, especially for economic and social planning, can be found. In this respect, the appropriate participation of state and local agencies in the preparation of the Directors Plans is taken care of and its approval, binding for all the administrations concerned, is attributed to the Council of Ministers.

the General Municipal Planning Plans are now conceived as open plans, with no fixed term, evolutionary and non-homogeneous, allowing, on the one hand, the incorporation of unforeseen, the assimilation of the margin of unpredictability for new or changing requirements, and for another, the differentiation of the proposals of the planning itself with different treatment for the same, in terms of fijeza and concreteness, as programmed.

Thus, on the different soil classes defined by the Plan, long-term planning strategies, extensive timeless structures given in general schemes, together with programmed concrete actions, will be proposed in those guidelines, for a short or medium term realization. It is thus intended to eliminate excessive, non-guarantee, technical or economic determinations, and to increase the degree of definition and reliability of the necessary and necessary elements for the immediate development of the city. The urban structure proposals thus constitute the physical frame of reference for the temporary realization of the program of their development.

Another important aspect is the incorporation of forms of action of the private initiative, which the experience has shown to be exploitable, and which currently have difficulties in taking place within the law. The aim is to open new channels to the activity and capacity of private operators in urbanization for a good part of the urban development process by units of a certain entity. Within this approach, the framework is established so that the Plan can assimilate formulas of urban planning within a system of guarantees and obligations that allow to select and sift through these actions according to their objectives.

Thus, along with the programmed development, it appears in the Project, within the framework regulated and configured by the Plans, an eventual development, whose form of manifestation will influence the subsequent evolution of the Plan and will force its correction and readjustment. The special scope of this land, which is only possible to be urbanised, may have, without the commitments of the current 'urban reserve', a large scale.

All of the above must have an immediate impact on the supply of urbanized soil that, as has already been indicated, is at the root of the problem of speculation. The planned system significantly reduces the effects of the current system as regards the possible creation of monopolies in favour of land owners favoured by discriminatory concessions of capital gains generated by the planning itself and by the Limitation of urbanizable soil that accompanies it.

The new clarifications introduced in the regulation of the partial plans correspond to the purpose of correcting the defects that the experience has highlighted and, fundamentally, to make them more operational, even at the cost of a greater effort to draw up.

In the normative framework of this figure, other important innovations are introduced. For the first time, the minimum allocations for public parks and gardens, for temples, educational and cultural centres and for car parks are generally indicated with a suitable formulation. The establishment in general of these endowments does not exhaust its virtuality in guaranteeing this minimum collective equipment, but it conditions the maximum buildability in good measure. In terms of soil reserve for cultural and educational purposes, the requirements deriving from the General Law of Education are assumed as own of the urban policy and with the maximum normative range.

A standard for the entire country is also established, according to which, in the absence of a Plan of Planning or Urban Standard that authorizes it, not even the urban land can be built up to a height of three plants on the ground level. This is a very important loophole in our Ordinance, which does not provide for a limitation of construction in urban land without plan, with obvious incongruity in relation to the set of limitations that arise from planning "ex lege" is eliminated the possibility of urban desmans that as a consequence of that lagoon has been able to produce.

The new regulation of the Special Plans makes express reference to the issues reiated with the natural environment and the cultural heritage and takes care to complete the current regulations in relation to the internal reform of the the stocks. Urbanisation projects receive a precise definition of their nature and content.

The detail management of the unscheduled performances, executed directly by the Administration or concerted with the individuals, is implemented through a planning figure that participates in the nature of the Plans and Projects.

Experience has highlighted that the Subsidiary and Complementary Standards of Planning are in many cases, for reasons of urgency or because of the lack of entity or complexity of the problems, the most suitable instrument for face them. The new regulation develops the current one in order to allow its use to the appropriate extent, with greater participation of the local entities and without bankruptcy of the guarantees due to the interested ones nor of the minimum requirements of the urban planning technique.

The existing provisions of the Soil Law in relation to monumental or singular buildings have, in practice, led to frequent abusive actions, with a notorious infringement of the general obligation of the Plans which are enshrined in the Law. With the new regulation any modification of the approved management may take place only for reasons of public interest and through the formalities and formalities established in general.

V. The changes that are made to the urban land regime are fundamentally inspired by the following principles:

The ability to build the Plan, but the right to build is conditioned, with all its consequences, on the effective fulfillment of the obligations and burdens imposed on the owner within the deadlines foreseen in the Plan itself.

The expectation of urban destination occurs in several moments. The General Plan, except in urban land, and in its case the Director Plan, negatively links certain areas, closing the possibility of its future urbanization. For others, they are limited to guiding the criterion of future programming, but without prejudging any concrete expectations.

The regulation of the use of some land at the level of the Partial Plan concretely consolidates the expectation of urbanization. However, this expectation is not definitive either, if it does not immediately follow the execution of the urbanization and the fulfillment by the owner of its obligations and burdens. On the contrary, it is conditional on expiry time limits which allow, in front of its holder, to reintegrate the land automatically into its primitive situation of rustic in the event that the immediate execution of the Plan is thwarted. This time limit has a multiple guarantee effect; for the security of the legal traffic this period ensures that, before its passage, any reduction of the use implies expropriation and therefore has to be compensated by the Administration which adopted the decision. For the public interest, by ensuring that, on the expiry of that period, the circumstances can be reconsidered and a new decision adopted without any cut-off, and from another, considerably reducing the risk and the importance of the qualifications that are not followed by effective and immediate investments, and stimulating in an indirect way, which is expected to be effective, the necessary ground supply.

The plans attribute only on scheduled land the right to a medium advantage (deducted from the plan in the Plan itself, which corresponds to the Administration). No owner acquires the right to make use of the plan. They all have him, at the starting point, the same right. The principle of equitable distribution of the burdens and benefits of the planning that in the current Law only operates at the sector level, without correcting the inequalities between these very large ones, takes this way, for all the new soil urbanisation, to its latest consequences.

Soil classification remains key to the determination of the legal regime applicable to land and to the regulation of the urban development process.

The definition of urban land is dependent on the ambiguities of the current one and it is made dependent on the physical fact of the basic urbanization, and although at the time of the approval of the Plan it is entrusted to this a delimitation of that soil, not for that reason the concept loses its dynamic character. The fundamental effect of this classification is that due to the physical characteristics of the soil-basically urbanized-and its insertion into the urban grid, from a detailed regulation that incorporates the General Plan itself, agiIizes the process of completion of urbanization.

The Plan distinguishes from there two kinds of soil: the urbanizable and not urbanizable.

The first is the one that is considered fit, in principle, to be urbanized. This urbanization is foreseen with a voluntarist criterion, according to some programs, for a part of that soil and only as merely possible in certain circumstances for the rest.

In non-urbanizable soil, by its own values of agricultural order, landscape, etc., or by the convenience of limiting urban dynamics, any possible use of this class is excluded.

The principle according to which the planning does not directly grant the right to build has its reflection, in the field of soil assessments, in the adoption of the criterion according to which the value that is recognized must be in function of the degree of compliance with the obligations and burdens arising from the Plan to be observed in each case. The value is thus largely independent of the pure formal qualifications and is made dependent primarily on the effective implementation of the Plan, which also depends on the acquisition of the right to build.

The innovations in this field, which have a close relationship with tax assessment and a great simplification, are completed: (a) Taking to its final consequences the principle of objective assessment which was broken in the Law of Soil with the recognition of "commercial" values and which in practice resulted in disproportionate differences in relation to the (b) Eliminating the expected value, so far as it applies to the 'urban' reserve, irrespective of the activity of the persons concerned, and (c) recognising the value of the assets, and (c) recognising the tenants and tenants affected by expropriations, in their condition as taxable persons, generally more weak, of the same, the right to be compensated according to the Law of Compulsory Expropriation.

Capital point of the new management is the one that refers to the free disposals of soil. The imposition of these as a counterpart to the benefits of the urbanisation process is rooted in the Spanish legal tradition.

The new regulation extends the obligation to give up soil free of charge in favour of the competent administration, in general, under conditions which can only be moderated by the Council of Ministers, after the opinion of the Council of State, for infrastructure and urban equipment.

The Project still takes a further step: Not only does it make it easier to obtain free land that is not buildable or with non-profit uses, but it imposes the free transfer to the competent administration of buildable private land-10 percent. In addition to the one component of the fair compensation that the owners are required to pay for the benefits derived from the process, it is necessary to make the average use on scheduled land and also the one that results from the bidding in the unscheduled land. urban.

This measure is intended to: (a) to facilitate urban management and the consequent preparation of land, by offering to the managing bodies the possibility of having free access to all the soil for the infrastructure and the urban equipment, by the mechanism of the (b) Rescue a part of the urban capital gains in the form of buildable land, which is also the basis for the municipal land assets and in turn provides for the financing of the works of primary infrastructure and urban equipment.

In the same vein of facilitating urban management, without the principles of justice, the restorative mechanism is substantially simplified. The amount of the contributions is made to depend on the general standard of the area and the process is stripped of unnecessary formalities and requirements.

VI. All the progress made on the incorporation of planning techniques more adapted to the needs present and all the progress in order to improve with criteria of justice the legal regime of the soil could become useless if the plans and those affected by them do not find in the way of the rules that regulate their execution an agile and fluid channel, capable at a time to facilitate to the plans their transformation in urban reality and to give to the affected a reasonable framework for the exercise of their rights and the correlative fulfilment of their obligations.

General systems-arterial networks, large supplies, etc.-are normally executed by the Administration. The corresponding land will be available in some cases for the mechanism of the disposals, offset by the award of the average utilization elsewhere; in others, by the same mechanism of the disposals resulting from operations of urbanism The Commission has also been able to provide a substantial part of these general schemes, which may also, at times, lead to the promoters themselves implementing a substantial part of these general systems. Expropriation will be the normal way of obtaining the soil in the other assumptions, and public funding, the ordinary means of costing the general systems. This funding is, however, provided for in the Project with the allocation in kind of public land assets.

The execution of the other Plan forecasts takes place normally through partial plans and acting polygons.

The concept of "polygon", of the utmost importance to these effects, results, however, defined in vague terms in the Law of Soil. Henceforth it is configured as an extremely flexible "unit of action" within the planning. Their concrete determination is entrusted to the plans or, failing that, to the relevant urban bodies, with the sole requirement that they have an extension that justifies their autonomy and are capable of assuming the transfers derived from them. Plans.

From that determination it has also been necessary to introduce important innovations in relation to the "systems of action", which are the different regulations legally foreseen to implement the Plan in each polygon.

The experience has highlighted that the real alternatives that can be regulated are as follows: (a) Expropriation of land and urbanisation by the managing body from public funds, even if they are obtained in some cases through special contributions, and (b) Maintenance of owners generically considered in the ownership of the land, but on the basis that they are equitable sharing of the buildable volume, they give free access to land for road, parks and gardens, temples, educational and cultural centres and other services of general interest and cost the corresponding urbanisation works.

The reform, in this as in other fields, makes an effort to clarify and simplify and regulate these two basic hypotheses under the names of systems of expropriation, cooperation and compensation.

The retouches of the expropriation system are fundamentally of a technical nature; they tend to correct deficiencies of this nature in practice. By means of modifications, both of the general expropriation legislation and of the mortgage, mechanisms are implemented that facilitate the access to the Registry of the Property of the goods covered by these actions, without merit for the guarantees of the owners and other holders of real rights as regards the economic content of their rights and the necessary channels are used to make the security of the process of urbanization compatible and the respect of private interests.

The regulation of the systems of cooperation and compensation clearly distinguishes the two fundamental operations: the distribution of the soil and the buildable volume between the affected and the execution of the works of urbanization. The distribution of the volume when it is imposed has been greatly facilitated, in relation to the previously prevailing criteria, as before has already been collected, in so far as the quota corresponding to each owner, except in circumstances exceptional, it is made to depend exclusively on the surface of which each one is holder at the moment immediately prior to the repair.

Unscheduled urban land actions have been the subject of "ex novo" of a special regulation according to their nature.

This is not about an immediate execution of all the determinations of a plan, which do not exist more than in their minimum conditions, but to articulate the mechanisms through which it can be updated, to the initiative of the administration or the managed ones, the potential urban destination that as a mere possibility is foreseen in the plan for that soil.

To the extent that the urban transformation of this soil cannot be operated simultaneously, nor under an action programme which, by hypothesis, does not exist, it is necessary to establish clearly the principles to which the administrative action must be adjusted to promote or simply direct that process in which the action of private actors is called to play such a prominent role.

The Project is inspired by respect for the principle of equality before the Law from the minimum requirements of technical and economic order. Any initiative of the owners concerned which takes place within the framework of the legal limits is normally subjected to the contrast with other similar ones which may be submitted by other owners. This ensures, at a time, the identity of opportunities among the managed, the greatest advantage for the Administration as a result of the concurrency and the desirable objectivity in the selection of the most convenient offers to the general interest. The project does not neglect the social intention that in many cases can have these actions and then establishes the precise peculiarities. The establishment in this class of soil of those productive activities, which because of its importance and singular characteristics cannot be subjected to the normal system of the previous tender, is surrounded, in defense of the public interest, of the maxims guarantees.

Naturally, a process of these characteristics cannot be relied upon in its integrity to the market forces ' own stimuli, and for this reason it has an inductive action of the Administration, which at its starting point It may consist simply of a call to the activity of private owners to complete or direct the spontaneous development, but which may end, in default of a satisfactory answer, in the assumption by the Administration of actions (a) additional or specific measures which, after expropriation of the land, are carried out by the public authorities; directly or through dealerships.

VII. Amendments to the existing legislation that are included in the draft legislation in the preliminary draft tend to correct the deficiencies that have been identified at the time.

The tenants are also protected by the application of the Expropriation Provincial Juries, in their favour of principles under which the compensation they receive has genuine equivalence with the the economic damage caused to them by the forced abandonment of their housing.

In order to reduce the densification of urban helmets or for reasons of self-evident social interest, and without prejudice to the possible revision of the plans, the competent bodies may be given the possibility of suspend, for a limited period or indefinitely, the system of forced construction in all or part of the municipal terms when the same or other urban or social circumstances of the building are so advised.

VIII. The right to surface as a formula for the dissociation of property and land use is a figure that is deserving of increasing attention in all countries as an instrument of soil policy. In exchange for a temporary limitation in the use of land, these are obtained at a lower cost, thus reducing the initial volume of resources needed in the real estate sector or in other productive activities to meet the needs of the of the lawsuit. It also represents a stimulus for the mobilization of the soil by private owners, who can thus put these goods at the disposal of the promoters without giving up their future recovery with the corresponding revaluation. Industrial promotion and the promotion of rental housing can find a complement of great interest in the area right.

From the perspective of public land assets, the right of land can and must be an instrument whereby, more and more, the right to property on the urban land is sought, once it enters the The wealth of the administration does not come out of public ownership; the increase not only in space, but in time, of land assets, must remain a key part of urban policy.

The most important new developments in this field are the extension of the object, the purpose, the deadline and the modalities of consideration. With these innovations and with the granting of certain benefits, the aim is to create the necessary economic and legal budgets so that this figure ceases to be a pure legal possibility and acquires a charter of nature in reality. Spanish urbanisation.

IX. In order to ensure greater involvement of administrations and bodies effectively interested in urban planning decisions and greater effectiveness in relation to the management of planning determinations, the Central Commission of Urbanism as a collegiate body of inter-ministerial coordination and the Council of Ministers is attributed the competence to approve the plans of higher rank and to resolve all those matters in which the criterion of the minister of Housing is separated from the precept opinion of the Central Commission.

The Central Planning Commission is set up as a major technical and administrative body of work and advice and is a representation of the Central Administration's organs with greater importance. responsibilities in the field, the local authorities in general, the local authorities affected by each resolution and the Trade Union Organization. It is hoped that not only will the decisions of the Government and the Minister of Housing be more successful, but the set of commitments that they will have incorporated will give the plans of that superior moral authority that is the greatest guarantee of their observance. On the basis of this increased inter-ministerial, local and social participation in decision-making in the field of urban planning, a number of channels are more consistent with the general criteria and with the appropriate management. the territory's urban planning, modification or revision of the plans, resulting from initiatives of the different ministerial departments that the need advises.

X. The whole of the powerful arsenal of technical, economic and legal instruments that have been referred to so far, put at the service of a conception of urban development that already adequately doses ingredients of freedom and intervention, can be absolutely ineffective, if the last and final link in the chain is broken. The effective implementation of the Urban Laws and the Planning Plans.

The innovations contained in the Project are aimed precisely at making the causes of this phenomenon of urban indiscipline that have been analyzed and which need to be corrected disappear as far as possible. It is, above all, a question of preventing the infringement from taking place, because only in this way does it avoid the social cost that any infringement entails. Every effort is made to make any stimulus to the antisocial behaviour of the alleged offenders disappear, which could result from the inadequacies of the legal system. For the assumption that, regardless, the infringement is committed, the entire weight of the Law with its sequel of sanctions and responsibilities must fall on the guilty offender and, at its own expense, the general interest will prevail.

The urban planning established by the Plan is to be made effective, ultimately, through the control that the Administration exercises through the licenses.

In order to ensure that all acts of private individuals that signify a physical transformation of the soil or space are subject to a license and that it is, in turn, granted in accordance with the current planning, a Series of legislative amendments aimed at maintaining and, where appropriate, restoring urban lawfulness.

The suspension and demolition of works executed without a license, against the license or under a license granted in violation of the Plan's prescriptions; the configuration of the urban infractions and its sequel economic sanctions, without prejudice, of course, to the fact that the violated urban order and the responsibility of the offenders are restored "in nature", primarily the subject matter of reform.

Instrumentally a new regulation is given to the system of actions and resources, which comes to collect, by substantial means of remission, the general ordination produced in order to promulgate the legal texts that govern, after of the Law of Soil, both the litigation-administrative process, before the Courts of that order, and the internal procedure of the Administration itself.

In the matter of licenses, the principal principle, indicated above, is reaffirmed to subject to such administrative control all acts that mean a material transformation of the land or space. The granting of the licenses remains deferred to the municipal administration, which in this way continues to be the key part of the realization of the planning of the planning.

The central position that the license occupies in the urban planning is reinforced with the system that is proposed to suspend and even demolish the works that are carried out without a license or without observance of its clauses. The current Soil Law was limited to providing for the suspension of the works that were being carried out under these conditions, without addressing the supposed already accomplished works without legal title that would protect them. In addition, in the current regulations it was the Administration that had to show an extremely extreme diligence in order to permanently suspend the works that were in execution in such poor legal conditions.

In the new regulation, the demolition assumptions of works to which they were already executed are extended, provided that it has not been more than one year since its completion, which is estimated to be sufficient for the Administration may warn of the occurrence of illegal works.

On the other hand, the respective positions of the Administration and the infringer are reversed; it is the interested party, once ordered the suspension of the works or the illegality of the already executed ones, who must apply for the license appropriate, so that, if it does not do so, or its grant is contrary to the Plan, it will proceed without further demolition.

Finally, in point to the competences to adopt such measures, the project is absolutely respectful with the position that the order grants to the Ayunes as last but capital link of the administrative organization of urbanism. The powers already held by the civil governors to carry out such suspension and demolition agreements, but in respect of the latter, are certainly extended, in the alternative, only in cases where they do not do so by themselves. always after putting the facts to the knowledge of the Municipal Corporation for it to be the one that adopts the measures.

The legal system must necessarily be another in the case of the restoration of urban lawfulness in cases where works are being carried out or have been carried out under a licence, if, but granted in contravention with the applicable planning. In such cases it is necessary to destroy that legal title which, even if it is flawed, constitutes the support of a declaration of rights in favour of the administration. Nothing better to bring about such an objective than to apply, with the relevant modulations, to the systems which the general administrative order provides for the suspension and annulment of the declarative acts of rights.

Not all planning infringement cases can, of course, determine the suspension of the effects of a license or its cancellation. Only in cases where an infringement is assessed which, in addition to being manifest, is serious, there will be a place for the implementation of the exceptional legal mechanism for the restoration of the urban order violated. Elsewhere in the legal text, we define those subjects which, because of their notorious urban importance, determine the seriousness of the acts committed against the planning requirements. The "manifest" nature of the infringement is entrusted in each case to the assessment, in short, of the Courts of Justice.

As with the case of works without or against a license, the double assumption of works with a license in course of execution or of works also licensed already executed. The restoration of the urban lawfulness violated is carried out in the first case by means of a technique already introduced in the general legal order: the administrative authority suspends the execution of the work and in a very brief and The period of time gives transfer of the proceedings to the judicial-administrative courts, which will ultimately be those who, through the special process provided for in the Law of that jurisdiction, will decide, appreciating the existence or not of the manifest (a) infringement in urban areas considered to be serious, if the suspension agreement is revoked, or, by the The contrary is maintained, and the vitiated license in these terms is also cancelled. In the second case, works executed, the Administration is empowered, provided that no more than four years have elapsed since the issue of the license, to proceed to the review of the trade, through the established legal procedures in the legal texts constituting the common law of the administrative procedure.

With regard to the powers to adopt the suspension and cancellation agreements, it follows a similar criterion for the works carried out without a licence, which was mentioned above.

The restoration of the violated urban order also requires extending the measures of suspension of the effectiveness of administrative acts contrary to the law to those other agreements that without being formalized in terms of license works have an impact, sometimes irreversible, on the implementation of the plans. For such assumptions the Project adopts the same technique of suspension of trade as in the cases of the licenses contrary to the planning. Once the suspension has been agreed upon, the Administration will immediately transfer to the Courts of the administrative-administrative jurisdiction so that it will decide definitively on the validity of the suspended agreement.

The adoption of the measures that have been set out to ensure the maintenance of urban lawfulness do not exclude the possibility that the offenders will be financially punished with administrative fines, or prevent, of course, The Court of Justice of the European Court of Justice, the Court of Justice of the European Court of Justice of the European Court of Justice

For these purposes, the urban infringement is defined with great scope, pointing out those matters where a failure to comply with its requirements is seriously considered, for the purposes of adopting, if such an infringement is manifest, the measures of suspension or demolition before resented. The various cases of authorship or imputability of the infringement are determined with strict criteria and the principle is established that, as well as in the imposition of the fines, the responsibilities are independent for each of the In contrast, in the face of the injured parties and the civil liability, the latter has a solidarity character.

The restoration of urban planning can ultimately lead to responsibilities for the administration itself. It is obvious that when the measures to restore the urban legality are produced without having to mediate an administrative intervention, as in the case of the works executed without a licence, there will be no responsibilities in charge of the administration, since the injury that the agreement of suspension or demolition means for the interested party is a disservice that it must bear in full, since it is the same and not the administration that has created the situation of illegitimacy, which is to be corrected by the subsequent administrative action. To this same conclusion, the alleged infringement of the legal title that authorizes the action of the individual, that is, the assumptions of works executed in contravention with the clauses of the license, must be retraced.

However, the solution is not necessarily the same when the restoration of urban legality requires prior the destruction of a legal title issued by the Administration itself. If the action of the individual is covered by a licence, granted by the Administration, it is appropriate to consider whether the annulment of such a legal title declaring rights and its subsequent executive measures is compensation for damages and damages in favour of the licence holder.

The Project, at this point, collects the principle of responsibility of the Administration, formulated, in general terms, after the Law of Soil, by the Law of Legal Regime of the State Administration. Moreover, another rule is received in the text, which is sanctioned by the common legal order: No one can avail himself of the dolo to obtain compensation, nor can he protect himself a seriously negligent conduct to gain advantage of it. Thus, in accordance with the list of alleged authorship or imputability of the urban infractions, the administration's responsibility for the alleged cases of intentional, fault or gross negligence, attributable to the injured, whose assessment is reserved to the Courts.

Finally, in the field of procedure, both within the internal sphere of the administrative organization as soon as the actions and actions before the Jurisdiction-Administrative Jurisdiction, a notable simplification is carried out, The Commission is aware, as was stated above, that such matters should not be subject to the general rules on procedure. Hence, the complicated system of the Law of Soil for receiving and referring to the one established in the Laws of Administrative Procedure and the Jurisdiction has been suppressed in the matter of administrative and judicial-administrative resources. Administrative-litigation.

It is preserved as a single specialty in the face of the common system in the field of legitimization to resort to so-called public action, already introduced by the Law of Soil, although the deadline within which it can be exercised.

It is also noted that the Project, which is respectful of the legal system of municipal action, suppresses the cases in which resources were established against the municipal agreements before the administration of the State. All the agreements of the Councils will be directly impugable before the Administrative-Administrative Jurisdiction. Thus, the resources of the local authorities of Urbanism or the Ministry of Housing disappear.

Also following the criterion of referring to the General Laws in the field of procedure, it is stated that the agreements for the definitive approval of plans and projects must be contested, adopting the system of the Law of Litigation-Administrative Jurisdiction.

The exception that had become a rule, which was contained in the execution of statements, was also deleted in the Soil Law. The fullness of the court order is thus restored. The Administration may not leave the judgments handed down by the Courts without execution, except in the authentic cases of exception provided for in the Law of the Jurisdiction and Administrative Jurisdiction and with the same conditions established in that Act.

XI. The innovations to which reference has been made are directed in almost totality, as it will have been without a doubt, to seek this solution of the urban problems, desired by the Spanish people and their social institutions and more representative policies and laying the foundations for a more rational and humane management of the territory and the settlements of population and a better conservation of the natural and cultural heritage of Spain, at the beginning of a time during which, in Only thirty years, we will have to "urbanize" more than in all history. The urgency that this challenge entails explains and justifies that, without the merit of those expectations and rights that are considered fair and truly acquired, without solutions of continuity in the process of preparation of urbanized soil that in way One can interrupt and without disturbing precipitation in point to review and adaptation of the Plans to the provisions of the Law, the immediate entry into force of the new norms and, above all, of those more directly for the rescue of capital gains, to facilitate the execution of the Plans and to create conditions of life qualitatively better.

In its virtue, and in accordance with the Law approved by the Spanish Courts, I come to sanction:

Article first.

The denominations of the Titles, Chapters and Sections of the Law of the Soil and Urban Ordination of Twelve of May of a thousand nine hundred and fifty-six, and the articles of the same that are indicated below, will remain modified, repealed or added in the following terms:

TITLE I

Territory planning planning for the territory

Section first. Territorial plans

This item is repealed.

Article 6.

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

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

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

Item seventh.

One. It is for the National Planning Plan to determine the main guidelines for spatial planning, in coordination with economic and social planning for the greater welfare of the population.

Two. The drafting of the National Plan of Management will be carried out by the public and private bodies and local entities established by Decree, on a proposal from the Presidency of the Government and on the initiative of the Ministry of Housing. In any case, the participation of the Trade Union Organization shall be mandatory.

Three. The approval of the National Planning Plan corresponds to the Cortes. The updating of the Plan and its concordance with the successive Economic and Social Development Plans can be carried out by the Government in the form that the respective Laws that approve them have.

Article 8.

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

Two. The Plans shall contain the following determinations:

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

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

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

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

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

Article 8a.

One. It is up to the Council of Ministers, on a proposal from the Minister of Housing, prior to the report of the Central Planning Commission, to agree to the formation of the Territorial Coordination Directors, to determine the bodies or entities that have to to draw up and take action in drawing up and identify the territorial scope and time limit within which they are to be drawn up.

The proposal of the Ministry of Housing shall be made on its own initiative or by another ministerial department, or at the request of a Local Entity or a competent Special Urbanistic Entity.

the Provincial Councils and the Island Councils may draw up, on their own initiative or at the request of the respective Councils, the Territorial Directors of Coordination, when the territorial scope of the same affects to all or part of the respective provincial territory and without prejudice to its subsequent processing in accordance with the following paragraphs of this Article.

In any case, in the preparation of the Plans, the Ministries of Housing and Development Planning, the Local Corporations and Entities or the competent Special Urbanistic Entities concerned will be involved. request, and the Trade Union Organization.

Two. Once the Plan has been drafted, the Ministry of Housing will submit it to the public information or report of the Local Corporations, provided for in Article 32 of this Law, as well as to the report of the Ministerial Departments that have not (a) to be involved in its preparation and to which it may be interested on the grounds of its competence. The latter shall be deemed to be favourable if they are not issued within two months.

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

Three. The determination of the Territorial Directors ' Plans, regulated in the number two of the previous article, will bind the Administration and the private individuals. The actions provided for shall be carried out by each of the ministerial departments concerned in the matters of their respective powers in accordance with the requirements laid down in the Decree of their approval.

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

Article ninth.

One. The General Municipal Planning Plans shall cover one or more complete municipal terms and classify the soil for the establishment of the corresponding legal system, define the fundamental elements of the general structure adopted for the spatial planning of the territory and shall establish the programme for its development and implementation, and the minimum period of validity.

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

Article ninth bis.

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

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

They will also regulate the way and conditions with which unprogrammed performances can be incorporated into urban development through the corresponding programs of urban performance for the realization of urban units integrated.

Three. The General Municipal Plans have for specific purpose in the ground non-urbanizable to preserve the soil of the process of urban development and to establish, if necessary, measures of protection of the territory and the landscape.

Four. The initial and provisional approval of the Municipal General Plans is the responsibility of the City Council, when they refer to a single municipality, and the corresponding Provincial Council, in the case of Plans that extend to more than one term municipal, in accordance with the procedure laid down in Article 32 (1) of this Law.

The final approval of the Municipal General Plans of provincial capitals and towns of more than 50,000 inhabitants corresponds to the Minister of Housing, prior to the report of the Central Commission of Urbanism and the Diputación and the Provincial Commission of Urbanism, reports which will be deemed favourable if they are not issued within one month. The other Municipal General Plans will be approved by the Provincial Planning Commission. All this in accordance with the deadlines and procedures laid down in Article 30 and two of the Articles 30 and two.

Article ninth ter.

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

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

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

c) Programming in two stages of four years of development of the Plan in order to coordinate public and private actions and investments, and in accordance with the Plans and Programs of the various ministerial departments.

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

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

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

Dos.One. On the urban floor:

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

b) Allocation of detailed uses for the different zones.

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

ch) Sites reserved for temples, teaching centers, public or private, health care, and other services of public and social interest.

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

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

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

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

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

Dos.Two. On scheduled urbanizable soil.

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

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

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

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

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

Dos.Three. On unscheduled urbanizable soil:

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

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

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

Three. The determinations referred to in this Article shall be carried out in the following documents, the content and rules of which shall be laid down in regulation.

a) Memory and complementary studies.

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

c) Urban rules.

d) Action program.

e) Economic and financial study.

Article ten.

One. The Partial Planning Plans have as their object the development, through the detailed planning of a part of their territorial scope, of the General Plan and, where appropriate, of the Complementary and Subsidiary Standards of the Planning in the soil classified as scheduled urbanizable and the Urban Action Programs, in the soil classified as unscheduled urbanizable.

Partial Plans may not be drawn up without prior General Plan or Complementary Planning Standards which, in no case, will be able to modify the determinations of those.

Two. Partial Management Plans shall contain these determinations:

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

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

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

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

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

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

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

h) Plan of stages for the execution of the works of urbanization and, where appropriate, of the building.

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

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

Article 10a.

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

Two. They may be proposed or readjusted:

a) The pointing of lineups and scrapes.

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

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

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

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

Five. The Detail Studies shall include the supporting documents of the extremes referred to in the second subparagraph.

Your processing will be adjusted in accordance with article thirty-two and your approval will be for the competent Municipal Corporations, which will give the same to the Provincial Planning Commission.

Item eleven.

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

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

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

Article twelve.

One. The planning and urbanization of land classified as unscheduled land for development will be carried out in accordance with the respective Municipal General Plan through Urban Action Programs for the relationship of Urban Units. Integrated.

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

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

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

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

d) The territory division for stage development.

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

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

Table. The Urban Action Programmes and their complementary determinations for each stage shall be processed and approved subject to the rules laid down for the Parent Plans.

Section 2. Special Plans

This item is repealed.

Article thirteen.

One. In the development of the forecasts contained in the Municipal General Plans, in the Plans of Territorial Directors of Coordination or Supplementary and Subdaily Standards of the Planning, if necessary, Special Plans must be drawn up the sorting of ro? ??? and artistic ensembles, protection of the landscape and the ways of communication, conservation of the rural environment, in certain places, internal reform, sanitation of populations and any other similar purposes, without in any case replace the Municipal General Plans as instruments for the integral management of the territory.

Two. Special plans may also be drawn up for the direct execution of works relating to the infrastructure of the territory or to the determining factors of urban development referred to in Article 8 (d), number two, and in the number one, subparagraph (b) of Article 9b.

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

Four. The Special Plans shall be processed in accordance with the procedure laid down in Article 30 and two of this Law. When they are on the initiative of Local Entities or Special Urbanistics, their final approval, prior to the report of the Ministerial Departments and other affected bodies, shall be:

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

b) In other cases, the Minister of Housing.

Article 18a.

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

Two. The Special Plans for Internal Reform shall contain the determinations and documents appropriate to the objectives pursued by them, and at least those provided for in Article 10, unless any of them is unnecessary for the purposes of non- with the reform.

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

Article 22.

One. The bodies responsible for the provisional approval of the General Municipal, Regional, Special or Detail Studies Plans may agree for the maximum period of one year for the suspension of the granting of land and land parcels. buildings in sectors covered by a given area in order to study the plan or its reform. Such an agreement shall be published in the "Official Bulletins" of the province or provinces concerned and in one of the most widely distributed newspapers in each of them.

Two. The time limit shall be extended to a maximum of one, where the period of public swelling provided for in Article 30 and two has been completed within that period. No new suspensions may be agreed in the same zone for the same purpose until five years after the end of the suspension.

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

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

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

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

Article thirty-seven.

One. The General Municipal Planning Plans shall be reviewed within the time limit set out therein and, in any event, where the circumstances set out in point (e) of Article 9b are presented.

Two. Subject to the provisions of Article 8a, point four, where circumstances so require, the Minister for Housing, after a report from the Central Planning Commission, may order the revision of the General Plans of Management, after hearing of the local entities concerned, or to agree upon it at the request of the same or the Special Urban Entities or the Ministerial Departments concerned.

Three. The Council of Ministers, by Decree, on the proposal of the Minister of Housing or, where appropriate, on a proposal from the Minister of Housing and the holder or holders of other interested Departments, and after report of the Central Commission of Urbanism and hearing of the Interested local entities may suspend the validity of the Plans referred to in this Law, in the form, deadlines and effects referred to in Article 22, in all or part of their scope, to agree on their review. As long as this is not approved, Additional and Subsidiary Rules of the Planning shall be issued within the maximum period of six months from the suspension agreement.

The National Planning Plan may only be put on hold in the manner in which it is available in its own law or in the approval of the Development Plans.

Article thirty-eight.

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

If, as a result of this revision, the soil qualified as scheduled is modified, the review of the program will be completed with the determinations and documents required by the aforementioned soil and will be subject to the provisions set out for the formation of the Plans, in accordance with the provisions of Article 30 and nine.

Article forty-five.

One. Individuals, as well as the Administration, shall be obliged to comply with the provisions on urban planning contained in this Law and in the Plans, Projects, Normes and Ordinance approved in accordance with this Law.

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

Sectoral Plans which are at odds with a Territorial Coordinating Director Plan should be adapted to the guidelines contained in the latter within the time limit set out in Article 8a, number four.

Three. The reserves of supply which are contained in the Plans or Ordinance, and those which are granted in their independence, shall be null and void.

Article forty-six.

Repeals.

Article forty-seven bis.

The classification of the soil and the limitations of all classes in the resulting use and use, imposed by the Plans, Project, Standards, Ordinance and Catalogues for the protection of the urban and rural landscape, will be account for the assessment of such soil for the purposes of all types of taxation.

Article fifty-six.

One. Five years after the entry into force of the Urban Action Plan or Programme without the expropriation of land which, according to its urban status, is not to be buildable by its owners, or The holder of the goods or his/her successors shall notify the competent authority of his/her office if the right distribution of the benefits and charges on the polygon or acting unit is not possible. the purpose of initiating the case file, which may be carried out by the Ministry of Law, if another two years elapse from the time of the warning.

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

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

Article fifty-seven.

One. The Ministry of Housing may issue additional rules and planning subsidiaries.

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

Three. In one case, they shall be dealt with in accordance with the procedure laid down in Article 30 and two, except for reasons of urgency appreciated by the Council of Ministers and after a favourable report by the Central Planning Commission and the Local entities affected, the Ministry of Housing agrees to their entry without the need for such processing.

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

Article fifty-eight.

One. In the Municipalities or part of them where there is no Plan of Ordination shall govern the rules promulgated in accordance with the previous article.

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

Three. The subsidiary rules and complementary rules shall contain the following determinations:

a) Fines and objectives of their enactment.

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

c) Relationships and incidents with planning to complement, if any.

d) Minimum urban planning rules to be established.

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

Four. For urbanisation and building under complementary and subsidiary rules, they shall, in addition to the determinations referred to in the previous paragraph, provide for the following:

a) Projection, dimensions and characteristics of foreseeable development.

b) Indicative framework for urban infrastructure and services.

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

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

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

Article sixty.

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

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

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

Article sixty bis.

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

In the case of solar interlocked in nuclei or blocks built in more than two thirds of the buildings, the city councils will be able to authorize heights that reach the average of the buildings already built.

In non-urbanizable soil you will be within the provisions of article sixty-nine, one.

Article sixty ter.

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

In exceptional cases, the Council of Ministers, after obtaining the opinion of the Central Planning Commission, may authorize densities of up to 100 dwellings per hectare, when the urban circumstances of the locality so require.

Article sixty-two.

The territory of the Municipalities in which there will be a Municipal General Plan will be classified in all or some of the following types: Urban, urbanizable and non-urbanizable.

Article sixty-three.

They will constitute urban soil:

(a) The land to which the Plan includes in that class for having access, water supply, evacuation of water and electricity supply, or for being included in areas consolidated by the building, less, in two thirds of its surface, in the form that it determines.

(b) Those who, in the implementation of the Plan, arrive at the same urbanisation elements as referred to in the preceding paragraph.

Article sixty-four.

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

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

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

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

Article sixty-five.

Constitute undeveloped soil:

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

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

Article sixty-six.

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

Two. The urban land will be the land that, for having access, water supply, water evacuation and electricity supply or to be included in areas consolidated by the construction, at least in the middle of its area, they are included in a project of delimitation that, dealt with by the City Council, according to the article thirty-two, will be approved by the Provincial Commission of Urbanism, previous report of the Provincial Council.

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

Article sixty-six bis.

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

First. If they are urbanised in accordance with the maximum rules laid down in each case by the Plan, and if the plan does not exist or do not exist, it shall be specified that, in addition to the services referred to in Articles 60 and 3 or 60 and six, two, the path to which the front plot has paved the driveway and lit sidewalks.

Second. Having pointed alignments and scrapes, if there was a Plan of Ordination.

Article sixty-seven.

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

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

Three. The owners of the urban land must:

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

Second. Afford urbanization.

Third. Build the solar units when the Plan so establishes, within the time limit specified by the Plan.

The equitable distribution of the burdens resulting from the application of this article will be carried out through the repairs that come, as established in the articles eighty, two and one hundred four, three.

Article sixty-eight.

One. The scheduled land area will be subject to the limitation of not being able to be urbanized until the corresponding Partial Plan is approved. In the meantime, they may not be carried out in the works or installations, except where they are to be carried out by the wording of the special plans referred to in Article 13, two and the provisional measures provided for in Article 40 and Seven, two, the land may not be used for uses or uses other than those specified in the General Plan.

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

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

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

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

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

Three. Scheduled urbanizable soil owners should:

(a) compulsory and free Ceder in favour of the City Council or, where appropriate, urban planning body acting on grounds which are permanently intended for the purposes laid down in Article 10 (b) and (c); and other necessary public services.

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

c) Cost urbanization.

d) Edify the solar systems when the Plan so establishes and within the time limit specified by the Plan.

The grounds that, under this article, are incorporated into the Municipal Heritage of the Soil will preferably be used for the intended purposes in the articles one hundred and fifty-two and one hundred and fifty-three of this Law.

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

Article sixty-nine.

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

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

Second. No other construction may be carried out than those intended for agricultural holdings which relate to the nature and destination of the farm and, where appropriate, comply with the plans or rules of the Ministry of Agriculture, as well as the buildings and facilities linked to the execution, entertainment and service of public works. However, in accordance with the procedure laid down in Article 30 and four, buildings and installations of public utility or social interest to be located in the rural environment may be authorized, as well as buildings intended for family housing in places where there is no possibility of forming a population core.

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

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

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

Article sixty-nine bis.

One. Land that is classified as non-urbanized land in the Municipal General Plan, or by application of Article 66, shall be subject to the limitations set out in the previous article.

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

Article seventy.

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

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

Three. Orders imposing a single binding or limitation on land use which cannot be the subject of fair distribution between the parties concerned shall confer the right to a fair distribution of land. compensation.

Article seventy-seven.

One. The simultaneous or successive division of two or more lots shall be considered to be an urbanisation of the town where it can give rise to the establishment of a population nucleus in the form in which it is defined as regulated.

Two. It shall be deemed to be legal, for urban purposes, any parcelation that is contrary to the plan, project or urban standard that is applicable to it or which infringes the provisions of Article seventy and nine of this Law.

Article eighty.

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

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

Article eighty-one.

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

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

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

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

Requesters of licenses requested prior to the date of initiation of the repair file will have the right to be compensated in the form that the number four of the article twenty-two points out.

The local authority may, after the compensation for damages and damages concerned, leave without effect the licences granted before the date of initiation of the file which are incompatible with the execution of the planning.

Three. The repair project will be formulated:

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

(b) By the local authority or town planning, acting or at the request of any of the owners concerned, where they have not made use of their rights or have not been remedied within the time limit for the defects which would have been appreciated in the project that you will make.

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

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

Article eighty-two.

One. In any case, the Reparation Project will take into account the following criteria:

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

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

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

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

e) In any event, the differences in award shall be the subject of economic compensation among the persons concerned, with the average price of the resulting solar being valued.

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

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

Three. No new award shall be made, with the preservation of the primitive properties, without prejudice to the regulation of borders where necessary and the economic compensation provided:

a) The land built according to the planning.

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

Four. In the urban land, the rights of the owners in the repair shall be regulated by the value of their respective parcels at the date of approval of the Plan which will motivate the repair in accordance with the provisions of Article ninety-two.

Article eighty-three.

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

(a) Cession of the right to the Municipality in which it acts in full and free of charge of all the land of compulsory cession, for incorporation to the Heritage of the Soil or its affectation according to the intended uses in the Plan.

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

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

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

Article eighty-four.

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

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

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

Article eighty-four bis.

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

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

Article eighty-five.

One. Land assessments shall be carried out in accordance with the criteria laid down in this Law.

Two. The procedure for determining the value of the land will be the one indicated in the Law of Compulsory Expropriation, except as provided in the article one hundred and twenty-five of this Law.

Article eighty-six.

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

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

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

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

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

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

Four. In the cultivation units directly operated by the owners, the award of the condition that must be attributed in the case of forced expropriation will also be established.

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

Article eighty-seven.

Repeals.

Article eighty-eight.

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

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

-On unscheduled urbanizable soil, which results from its use and intensity of occupancy, pursuant to the provisions of Article 9b, one, and (e).

-On schedule, the average utilization of the sector.

-In the urban area, the one allowed by the Plan or, where appropriate, the average use fixed to the polygons or units of performances subject to repair, and in defect of the Plan, three cubic meters/square meter, referring to any usage.

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

Article eighty-nine.

One. Plantations, works, buildings and installations which exist on the ground shall be justified independently of the land or shall increase the total value of the building with its value, except in the form of permanent improvements, in the determination of the initial value or of the town planning in accordance with Article 80 and eight.

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

Article ninety.

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

Article ninety-one.

Repeals.

Article ninety-two.

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

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

Article ninety-three, ninety-five and ninety-seven.

They are repealed.

Article ninety-nine.

One. The valuations will be valid for ten years.

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

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

Article one hundred one.

Repeals.

TITLE III

Running the Sort Plans

Section first. Implementation and inspection

This item is repealed.

Article one hundred two.

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

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

Three. The State and the Local Entities may constitute Limited Companies or Joint Economy Companies, in accordance with the applicable law in each case, for the execution of the Planning Plans.

Article one hundred three.

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

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

Three. The execution of the general systems of the urban planning of the territory provided for in the Territorial Plans of the Directors of Coordination, or in the General Plans, or the one of the elements, is excepted from the provisions of this article. of such systems.

Section 2. Performance by polygons

This item is repealed.

Article one hundred four.

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

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

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

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

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

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

No polygons or units of immediate action may be demarcated to compulsory and free disposal grounds without including those polygons and units in the corresponding part of the indicated grounds.

Article one hundred five.

The delimitation of polygons and units of action if they are not contained in the Plans, as well as the modification of the already delimited ones where appropriate, will be remembered ex officio, or at the request of the individuals interested, by the Local or Special Urban entity acting, in accordance with the procedure laid down in Article 30 and two, with a reduction in time by half.

However, no claim or resource that is based on unreported errors or omissions in the public information phase may result in the feedback of actions.

Article one hundred and five bis.

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

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

CHAPTER II

From the Take Action Systems

Section first. General provisions

This item is repealed.

Article cent six.

One. The execution of the polygons or performance units shall be performed by any of the following performance systems:

a) Compensation.

b) Cooperation.

c) Expropriation.

Two. The acting administration shall choose the system of action to be applied in accordance with the needs, economic and financial means with which it counts, collaboration with the private initiative and other circumstances, giving preference to the systems of compensation and cooperation, except where reasons of urgency or need require expropriation.

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

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

Article one hundred seven.

Land owners affected by an urban performance are subject to the following charges:

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

b) defray the costs of urbanization.

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

Article one hundred eight.

When action on certain polygons or units of action is not presumably profitable, due to excessive burdens in relation to the limited use made for the buildable areas, the Council of Ministers, acting on a proposal from the Minister for Housing and after obtaining the opinion of the Council of State, with a hearing or, where appropriate, at the request of the interested parties, may authorize, without modifying the determinations of the Plan, a reduction of the the contribution of the owners to the same or an economic compensation in charge of the Administration, seeking to equate the costs of the performance to those of other similar ones that have been viable.

Article one hundred nine.

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

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

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

c) The cost of the Parcial Plans and the Urbanization and Reparation Projects.

Two. The payment of these costs may be incurred, subject to agreement with the owners concerned, giving these, free of charge and free of charge, building land in the proportion deemed sufficient to compensate them.

Article one hundred ten.

The owners of unscheduled, unscheduled rustic land that will be the subject of a Urban Action Program, will have to come to the execution or supplement of the external works of infrastructure on which the urban performance, without prejudice to compliance with the charges referred to in Article 60 and nine.

Article one hundred and eleven.

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

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

Article one hundred and eleven bis.

One. The transfer of ten per cent referred to in Article 60 and eight, three, in the case of urban planning activities or which, by their nature, require a small extension of land or to be placed in isolated areas, may be replaced by an economic indemnity, determined in accordance with the procedure laid down in Article 80 and eight.

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

CHAPTER III

Compensation System

Article one hundred twelve.

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

Two. The basis for action and the Statutes of the Board of Compensation shall be approved by the Acting Administration. To this end, owners representing at least sixty per cent of the total area of the polygon or unit of action shall submit to the Administration the corresponding draft bases and Statutes. Prior to the decision to be taken, the other owners shall be heard.

CHAPTER II

Take Action Systems

This item is repealed.

Section first. General provisions

This item is repealed.

Article cent thirteen.

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

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

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

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

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

Article one hundred and fourteen.

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

Section 2. System of cooperation

This item is repealed.

Article one hundred fifteen.

One. The incorporation of the owners to the Board of Compensation does not assume, except that the Statutes dispute otherwise, the transmission to the same of the buildings affected to the results of the common management. In any event, the land shall be directly affected by the fulfilment of the obligations inherent in the system with annotation in the Land Registry in such a way as to be regulated.

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

Three. The transfer of land which is carried out as a result of the formation of the Board of Compensation for the contribution of the owners of the polygon or the unit of action, in the event that the Statutes are disputed, or by virtue of (a) compulsory expropriation, and the award of solar contracts to be carried out in favour of the owners of such boards and in proportion to the land incorporated by them, shall be exempt on a permanent basis from the General Tax on Documentary and Legal Acts Documented, and will not have the consideration of transfer of domain to the effects of the Arbitrio levy on the increase in the value of the land. Where the value of the solar energy awarded to an owner exceeds the value of the land provided by the owner, the excess shall be paid for.

Article one hundred and sixteen.

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

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

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

CHAPTER IV

Coopeation System

Article one hundred and seventeen.

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

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

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

Article one hundred and eighteen.

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

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

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

Article cent nineteen.

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

CHAPTER V

Expropriation system

Article one hundred and twenty.

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

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

Section 3. Expropriation system

This item is repealed.

Article one hundred and twenty-one.

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

Two. If no polygous or complete billing units are used, the application of compulsory expropriation for the execution of the general systems or of any of its elements or to carry out isolated actions on urban land will require the formulation of the relationship of owners and description of goods and rights referred to in the preceding number, which shall be approved by the expropriating body after the opening of a period of public information for a period of 15 days.

Article one hundred and twenty-two.

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

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

Article one hundred and twenty-three.

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

Section 4. Compensation system

This item is repealed.

Article cent twenty-four.

Repeals.

Article one hundred and twenty-

.

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

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

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

Three. The resolution shall be individually notified to the holders of the goods and rights concerned. If the interested parties, within the following 20 days, express in writing their disagreement with the assessment established by the Provincial Planning Commission, with a claim in their case as to the extent to which they consider their right, the Commission Provincial of Urbanism will give the file to the Provincial Jury of Compulsory Expropriation for the fixing of the Justiprice according to the criteria of valuation established in this Law.

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

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

Article one hundred and twenty-six.

One. Without prejudice to the following paragraph, the actions of the expropriatory file shall be followed by those who appear as interested in the draft delimitation, drawn up in accordance with the Law on Compulsory Expropriation, or accredit, in legal form, to be the real holders of the goods or rights contrary to what the project says. In the joint assessment procedure, errors not reported and justified within the period referred to in number one of the preceding Article shall not give rise to a declaration of invalidity or a replacement of proceedings, while retaining the right to take action. be compensated as appropriate.

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

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

Article one hundred and twenty-seven.

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

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

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

Article one hundred and twenty-eight.

One. When the expropriation procedure is carried out in the form set out in the preceding articles and the minutes or minutes of occupation are lifted, it shall be understood as being acquired, free of charge, the whole of the estates included in the procedure by the Administration. expropriating, which will be maintained in its acquisition once it has registered its right, without any real or inter-dictal action being brought against it, even if third parties are subsequently not taken into account in the file, who, however, will retain and be able to exercise any personal actions they may be entitled to receive the fair price or the expropriatory compensation and to discuss the amount.

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

Article one hundred and twenty-eight bis.

In the case of urban development actions for public promotion in new polygons for the creation of urbanized land, the payment of the Justiprice of the expropriable property and rights may be carried out by the Acting Administration, agreement with the expropriates, with plots resulting from the urbanization itself.

The valuation of the expropriated property and rights and the resulting parcels will be made in accordance with the criteria set out in this Law, taking into account the costs of the urbanization corresponding to the plan, as provided for in this Law. in Article 100, nine, and in accordance with the procedure laid down in the Law on Compulsory Expropriation. All this in the form and conditions that are regulated.

Section 5. System of disposal of road land

This item is repealed.

Article one hundred and twenty-ueve.

One. The general legislation on forced expropriation will be applied in all the non-expressly provided for in this Law.

Two. The correction provided for in Article 80 (3) and (8) for the individual assessment of each of the existing properties shall be applied irrespective of the fact that, by way of concepts, analogues, it shall be carried out in tax.

Article one hundred thirty.

In the cases of expropriation provided for in Article 120 (2), the procedure of the Compulsory Expropriation Act shall always apply, without prejudice to the fact that the valuation of the land is carried out in accordance with the the criteria for the assessment of this Law.

CHAPTER III

Management Forms

This item is repealed.

Section first. Public Management

This item is repealed.

Article one hundred and thirty-one.

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

CHAPTER VI

Running the Urbanistic Take Action Programs

Article one hundred and thirty two.

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

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

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

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

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

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

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

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

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

Article one hundred and thirty-three.

One. The bases shall be drawn up by the entity calling the contest and shall be approved by the Competition Authority for the approval of the action programme.

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

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

Four. The act of award of the contest shall determine the applicable system of action and approve the progress of planning submitted by the selected contestant for the purposes of Article 23 (3) with the amendments which, if necessary, procedures.

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

Article one hundred and thirty-four.

Awarded the contest, the selected contestant will proceed to formulate the corresponding Program of Action, according to the advance of the approved planning, if not previously done, subject to the processing and the determinations provided for in Article 12 of this Law.

Article one hundred and thirty-five.

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

Two. Also, Urban Action Programmes may be formulated and implemented without prior call for competition, in the case of urbanisation of land destined for installations of productive activities relevant or of particular importance and for the formation of industrial estates, and so the Council of Ministers agrees with Decree, on a proposal from the Ministry of Housing and the competent for the matter, after report of the Local Corporations concerned, and of the Central Commission of Urbanism and opinion of the State Council. The Decree shall determine the obligations to be fulfilled by the successful tenderer in relation to the provisions of Article 100 (3), 30 and two.

Article one hundred and thirty-five bis.

To have directly formulated Urban Action Programs by the Local Entities and, where appropriate, the Special Urbanistics will be able to convene competitions for the execution and development of the same, subject to the Laws and provisions governing their respective competencies.

Article one hundred and thirty-six.

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

Section 2. Private management

This item is repealed.

Article one hundred and thirty-seven.

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

Article one hundred and thirty-eight.

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

Articles one hundred and thirty-nine, one hundred and forty-one hundred and forty-one.

They are repealed.

Article one hundred and forty-nine.

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

Two. If it is the owner who intends to undertake or terminate the building, the same effect will be the same as the granting of the licence, even if the deadline laid down by the articles one hundred and forty-two and one hundred and forty-two three, but before an acquisition request exists for a third party.

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

Article one hundred and fifty-one bis.

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

One. Where the territorial scope affected by the suspension of the General Plan determines the need or convenience of carrying out internal reform operations or a Special Plan of that nature is initially approved.

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

Article 150 and seven.

One. The State, the Local and the Special Urban Entities and the other public persons, within the scope of their jurisdiction, as well as the private individuals, may constitute the right of land on land of their property for the purpose of construction of dwellings, complementary services, industrial and commercial installations or other buildings determined in the Planning Plans, the right of which shall be the subject of the shallower.

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

Article 150 and eight.

One. The granting of the area right by the State and other public persons shall be granted by auction or by award, directly or as a result of having been partially expropriated from the domain of the land, so that the execution may be carried out of the Plan. The direct award may be made free of charge or at a price lower than the cost, provided that the land is intended for the intended purposes of the articles one hundred and fifty-three and one hundred and fifty-five. It will also require the authorization of the Minister of Housing or of the Government, according to the fact that this award is verified by urban authorities of the State Administration or by local authorities.

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

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

Article 150 and nine.

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

Two. Where the right of area is extinguished after the period has elapsed, the owner of the land shall take ownership of the building, without having to satisfy any compensation whatsoever under the title of which he was established. that right.

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

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

Article one hundred and sixty.

The granting of land rights by the State and other public persons and their constitution by private individuals will benefit from the advantages that will be established in the granting of qualifications, loans and aid. provided for in the protective housing legislation.

Article one hundred and sixty bis.

When the permanence of the uses to which the land is used requires it, the local entities, after report of the Ministry of Housing and authorization of the Government, will be able to yield directly, for a price inferior to the of the cost or free of charge, the domain of such lands in favor of Public Entities or Institutions to allocate them for purposes that are in the manifest benefit of the respective Municipalities. They may also carry out such transfers under the conditions and with the formalities laid down in regulation to meet the special needs of social housing.

Article one hundred and sixty-one.

Repeals.

Article one hundred and sixty-five.

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

Two. The licenses will be granted in accordance with the provisions of this Law of Urban Planning Plans and Urban Action Programs and, where appropriate, of the complementary and subsidiary rules of planning.

Three. The procedure for granting licences shall be in accordance with the provisions of the Local Rules of Procedure. In no case shall the administrative silence be construed as having powers contrary to the requirements of this Law, the plans, projects, programmes and, where appropriate, the complementary rules and subsidiary planning.

Article one hundred and sixty-seven.

One. Acts related to the article one hundred and sixty-five that are promoted by state organs or public law entities that administer state assets shall also be subject to a municipal license.

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

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

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

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

Article one hundred and seventy-one.

One. Where the acts of construction or use of the soil in respect of Article 100 (60) and (5) are carried out without a licence or order of execution, or without complying with the conditions specified therein, the Mayor or the Civil Governor, of its own office or The Provincial Delegate of the Ministry of Housing shall have the immediate suspension of such acts. The suspension agreement shall be communicated to the City Council within three days if it has not been adopted by the Mayor.

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

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

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

Article one hundred and seventy-one bis.

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

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

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

Article one hundred and seventy two.

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

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

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

Article one hundred and seventy-two bis.

One. Licences or orders of execution, the content of which clearly constitutes some of the serious urban offences defined in this Law, shall be reviewed within four years from the date of their issue by the Corporation. Municipal that granted them through some of the procedures of Article cent ten of the Law of Administrative Procedure, either ex officio or at the request of the civil governor, at the request, if any, of the provincial delegate of the Ministry of the Housing.

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

Two. If the Municipal Corporation does not proceed with the adoption of the previous agreements within one month, from the communication of the civil governor, the latter shall inform the Provincial Planning Commission corresponding to the expected effects on the Number four of the fifth article of this Law.

Article one hundred and eighty-eight bis.

One. In order to promote construction under the planning, the Councils may submit to the tax: land that is qualified as urban or urbanizable scheduled or will acquire this last condition, even if they are built and provided they do not have the condition of solar.

Two. It shall also be subject to a charge for only the increase of buildable volume on urban land resulting from the modification of the planning.

Three. The taxable person, the taxable persons, the taxable bases, the levy rates, the date of accrual and the other characteristics shall be determined by the rules governing the taxation of local authorities. These effects shall be taken into account in the urban value of the land and the other conditions to be set when the land is acquired by the land.

Four. The amounts collected by the concepts covered in this article will be affected by municipal urban management.

Article one hundred and eighty-eight.

One. In the cases of expropriation provided for in this Law, in which the urban value is applicable, the difference between the land value and the initial value attributable to the land or the land corresponding to it prior to the effects of the arbitration on the increase in the value of land, account shall be taken of the application of that arbitration. It shall also be taken into account in that arbitration, where appropriate, the compulsory and free transfer of 10% of the remainder of the average use.

Two. For the purposes of the preceding number, the expropriating administration shall, where it is not the City Council, account for the latter of the amount allocated to the land expropriated.

Three. The product obtained under this article will be affected by the corresponding urban management.

Article one hundred and eighty-nine.

The realization of new housing estates, suffrating them in full and in advance, in which the precepts of this Law are fulfilled and in the assumptions that the cost of the same will be disproportionate or when the urbanizer the services to endowments of general interest, will originate the right of a reduction of up to eighty percent of the bases of the Urban Territorial Contribution of the buildings realized in the new fields urbanization.

Article one hundred and ninety.

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

Article one hundred and ninety-one.

The period of enjoyment of the benefits referred to in the articles one hundred and eighty-nine and one hundred and ninety shall be ten years, from the date of completion of the corresponding buildings.

Article one hundred and ninety-two.

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

Article one hundred and ninety-three.

The reductions referred to in the articles one hundred and eighty-nine to one hundred and ninety-two will apply equally to all kinds of levies of the Local Corporations that, by taxing the new buildings, fall on the Quotas for Urban Territorial Contribution.

Article one hundred and ninety-eight.

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

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

Three. They shall be part of the Commission, in the number and form of regulations, representatives of the Ministerial Departments, Local Corporations, the Trade Union Organization, of those Public Corporations whose activity is immediately related to the planning and planning, and up to a maximum of five Vocals designated by the Minister of Housing among persons of accredited competence in any of the own specialties of urbanism.

Four. They shall also be part of the Commission:

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

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

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

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

Article one hundred and ninety-nine.

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

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

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

Article two hundred twelve.

One. Municipal agreements which constitute a manifest infringement of existing urban rules may be suspended within the year following their notification or publication where this is necessary, by the bodies and with the procedure laid down in Article 1 (1). and effects which are provided for in Article 100 (70) and (2), taking into account the measures relevant to the effectiveness of the provisions in question.

Two. Local authorities may review their acts and arrangements in respect of urban planning on their own initiative in accordance with the provisions of Articles 1 and 9 of the Law on Administrative Procedure.

CHAPTER II

Urban Infractions

Article two hundred thirteen.

The violation of the prescriptions contained in this Law or in the Plans, Programs, Standards and Ordinance will have the consideration of urban infractions and will lead to the imposition of sanctions on those responsible, as the obligation to compensate for damages and compensation for the damages in charge of them, regardless of the measures provided for in the articles one hundred and seventy-one and one hundred and seventy-one hundred and seventy-two and one hundred Seventy-two bis of this Law and of the responsibilities of criminal order in which they have been Incur the offenders.

Article two hundred fourteen.

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

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

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

Article two hundred fifteen.

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

Article two hundred fifteen bis.

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

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

Three. The professional associations which have entrusted the visa of the precise technical projects for obtaining licences, in accordance with the provisions of Article 100 (60) and (5), shall refuse such a visa to those who have any of the infringements provided for in Article two hundred and fourteen, two.

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

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

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

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

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

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

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

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

Article two hundred sixteen.

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

Article two hundred sixteen bis.

One. The urban infractions shall be prescribed for the year of being committed, except where in this Law a longer period is established for their sanction or review.

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

Article two hundred and sixteen.

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

CHAPTER III

Administrative resources

This item is repealed.

Article two hundred seventeen.

Repeals.

CHAPTER III

Responsibility for Administration

Article two hundred and eighteen.

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

Article two hundred nineteen.

Repeals.

CHAPTER IV

Actions and resources

Article two hundred and twenty.

Repeals.

Article two hundred and twenty-one.

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

CHAPTER IV

Actions and jurisdictional resources

This item is repealed.

Article two hundred and twenty-three.

One. It will be public the action to demand before the administrative organs and the Contentious-Administrative Courts the observance of the planning legislation and the plans. Projects, Standards and Ordinances.

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

Article two hundred twenty-five.

One. The acts of the local entities, whatever their object, that end the administrative route, shall be directly applicable to the Administrative-Administrative Jurisdiction.

Two. The acts of definitive approval of Planning Plans and Urbanization Projects will be impeachable before the Litigation-Administrative Jurisdiction in the terms prevented in the twenty-nine article of the Law Regulatory of the said Jurisdiction.

Articles two hundred and twenty-six, two hundred and twenty-seven and twenty-eight.

They are repealed.

FINAL PROVISIONS

First.

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

Second.

One. Within one year, the Government, on a proposal from the Minister of Housing, and after the Council of State's opinion, will approve by decree a recast text of the Law on Soil and Ordination. Urban.

Two. The recast text will integrate into its normative body the articles eleven of the Decree-Law of twenty-five of February of a thousand nine hundred and fifty-seven on reorganization of the Central Administration of the State; thirteen b) of the Decree two thousand seven hundred Sixty-four/thousand nine hundred and sixty-seven, twenty-seven of November; third of Decree sixty-three/thousand nine hundred and sixty-eight, of eighteen of January, and final disposition third of the Decree one thousand nine hundred and ninety-four/thousand nine hundred and seventy-two, of thirteen of July, and the precepts of law one hundred and fifty-eight/thousand nine hundred and sixty-three, of two December, on " Modification of Planning Plans and urbanization projects when they affect green areas and free spaces foreseen in them, harmonizing their content with the provisions of this Law. It shall include the table of vigencies of previous provisions on the same subject and shall expressly record the previous provisions to be fully or partially repealed.

Third.

The government is authorized to allow the information and tourism and housing ministers to be jointly proposed by the same deadline of one year, and after the Council of Ministers has given its opinion, a consolidated text of the text will be approved by decree. Law one hundred and ninety-seven/thousand nine hundred and seventy-three, of twenty-eight December, on Centers and Zones of National Tourist Interest, in which, safe always the competences that in??? attributed to both Departments, are adapted to the??? of the urban content of the law, to the provisions of the present, continuing in force in all its terms, as long as the indicated recast text is approved.

Fourth.

The Council of Ministers, within six months, to count on the publication of the text of the Law of Local Regime, on the proposal of the Ministers of Government and Housing, and after the opinion of the Council of State, incorporate the recast of the Law of Soil, in whatever is necessary, the urban competencies of the Local Entities, in the form and scope that for each of them establishes the legislation of Local Regime.

Fifth.

The articles one hundred and sixty-two to one hundred and sixty-four and one hundred and eighty-three to one hundred and eighty-eight inclusive of the Law of the Soil Regime and Urban Ordination of twelve of May thousand nine hundred and fifty-six, will remain repealed with the entry into force of the Law of Bases of the Statute of Local Regime and shall be understood to be replaced by the precepts of the same to the incorporation of the content of those. The provisions of the articles one hundred and eighty-eight and eight and eight teriones shall enter into force at the same time as the Law of Bases of the Statute of Local Regime.

Sixth.

One. The Government is authorized to, after obtaining the opinion of the Council of State, dictate the precise provisions to accommodate the recast text of the Urban Territorial Contribution, approved by the Decree 1,200 and fifty one thousand nine hundred Sixty-six, of 12 May, to the precepts of this Law, taking particular account of the repercussions resulting from the variations in the classification of soil that are determined by the application of this Law.

Two. The Government, after obtaining the opinion of the Council of State, shall also give the necessary provisions for the development of the provisions of Article 40 and seven bis.

Seventh.

One. The Government shall, when the circumstances so advise, raise the amounts of the reserves and the forecasts referred to in Articles 9b, 1, (b), 10, 2, (b), (c), (d) and (e) of the previous Decree of the State Council. These amounts may only be reduced when exceptional circumstances so require, subject to a favourable report by the State Council. The Government may also establish other reservations and forecasts of a similar nature on the proposal of the Minister of Housing, and in his case the holder of this Department and the Minister responsible for the matter.

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

Three. The Government, by Decree, on a proposal from the Ministry of Housing, will fix the conditions and proportion in which the construction of social housing can be attached, the building surface resulting from public actions for the creation of urbanised land, corresponding to the use referred to in Articles 60 and eight, three and sixty-nine, two, as well as their disposal at a cost or lower price, when housing is promoted by Public Entities or without For profit.

Eighth.

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

Ninth.

The Government is authorized to adapt by Decree, on a proposal from the Minister of Housing, the amount of the fines set out in Article two hundred fifteen bis, to the evolution of the macroeconomic circumstances according to the general index??? of wholesale prices published by the National Statistics Institute.

10th.

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

11th.

This law will apply in Alava in all that it does not oppose the economic and administrative specialties that make up its own regime. It shall also apply in Navarre, without prejudice to the provisions of the Law of 16 August 1 000 eight hundred and forty-one, on the arrangements of its Provincial and Provincial Diputación and of the Navarre Municipalities, as well as the other provisions of its peculiar law, recognized by the Royal Decree-law of four November of a thousand nine hundred and twenty-five.

12th.

Since the entry into force of this Law, the surcharge of twenty-five percent will be abolished in the arbitration on the increase in the value of the land included in the Register of those who are on sale.

13th.

The Government is authorized to, on a proposal from the Ministry of Justice, and prior to the Ministry of Housing's report, dictate the precise provisions to accommodate the mortgage legislation to the provisions of this Law. to ensure that the limitations and duties established in the same and in the plans, programs, projects, standards, ordinances and catalogues are accurately reflected in the Land Registry.

Fourteenth.

In the formulation, processing and management of urban planning the competent bodies should ensure the greatest participation of stakeholders and in particular the rights of initiative and information by the corporations, associations and individuals.

TRANSIENT PROVISIONS

First.

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

Two. The Local Entities shall forward the proposals for adaptation to the competent bodies for the approval of the Plans, within four years of the entry into force of this Law.

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

Four. The proposals for adaptation shall be subject to the same procedure laid down for the approval of the Plans, without application in these cases of the approval by administrative silence provided for in Article thirty and two of the Law of Regime. of the Urban Soil and Ordination of twelve of May thousand nine hundred and fifty-six.

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

Six. The provisions of this transitional provision shall in any event be without prejudice to the immediate application of the rules for the accommodation of the urban territorial contribution referred to in the sixth final provision under the provisions of this Regulation. variations in soil qualification in the existing plans that are determined by the application of this Law.

Second.

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

One. Partial plans definitively approved prior to the entry into force of this Law which are not in progress in accordance with the following transitional provisions and those which are definitively adopted subsequently, shall be implemented in accordance with the provisions of this Law. For the purposes of Article 60 and eight, the use of the measured value of the Partial Plan within its own scope shall be understood.

Two. The partial plans which are initially approved after the entry into force of this Law shall be in accordance with the provisions of Article 10 and shall develop the determinations which for the different soil ratings establish the respective General Planning Plans.

Third.

Partial Plans which are in course of execution for the entry into force of this Law, will continue to be implemented according to the precepts of the Law of the Soil and Urban Planning of Twelve of May of a thousand nine hundred Fifty-six.

These effects will be understood to be in progress:

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

(b) In the system of expropriation, when the delimitation of the polygon of expropriation referred to in Article 1 (1), four, of the said Law of 12 May of a thousand nine hundred has been definitively approved. fifty-six, or, where appropriate, the delimitation of the expropriated polygon with the definitive approval of the corresponding Partial Plan, or the delimitation of the Urban Urban Action Area in the terms prevented in their special legislation.

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

d) In the system of disposal of road land, where the implementation of the development works by the City Council has been agreed upon by the City Council in the terms of the article 1, 30, two, of the Law of twelve of May of a thousand nine hundred and fifty-six.

Fourth.

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

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

Also, until the current General Planning Plans are adapted to this Law, in accordance with the transitional provision first, or, where appropriate, new General Planning Plans, the Government, by decree, on the proposal of the Minister of Housing, may agree to the application of the provisions of this Law for the Programs of Urban Action, in the cases regulated in the article one hundred and thirty five, to the areas or zones to be determined in the Decree itself, whatever the classification or urban use of the land they understand.

Fifth.

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

Two. Until such time as the National Planning Plan is approved, Territorial Directors ' Plans may be formulated and approved with the content and procedure laid down in Articles 8 and 8 of this Law.

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

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

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

Dada at the Palace of El Pardo, two in May of a thousand nine hundred and seventy-five.

FRANCISCO FRANCO

The President of the Spanish Courts,

ALEJANDRO RODRIGUEZ DE VALCÁRCEL AND NEBREDA