I. the difficulties and problems that involves adapting urban areas to the requirements imposed by modern technology and the life conditions of the industrial society with its correlative greater demands of community team and quality of its environment and the need to prepare in advance and rational form a settlement, socially and economically appropriate , for the great masses of population in the coming years will increase the towns - on the order of twenty-two million more than inhabitants in Spain only from here to century - come claiming in recent times for its importance and complexity, the attention not only of Governments and men of science, but the citizens around the world.
Therefore with this concern, economic development plans and Social have considered town planning as one of the major issues of our time and incorporated into its pages a diagnosis of the current situation which is obligated starting point for the task of updating legal instruments enabling to cope with the dual objective of solving problems together with the prospects for the future that requires dynamic, hard reversible, the urbanization process, already raised and prevent those that may arise in the future.
II. consideration of the Spanish urban situation does? Despite the efforts of management developed in recent years and the large sums spent to regulate the land market, the urban development process is characterized, in general, by congestive densification of central cities helmets, the disorder of the periphery, urban indiscipline and the unjustified or increasing land prices suitable for the growth of the cities.
The causes of this situation are obviously complex. Some may be located safely within the framework of the legal system, not that this should surprise if you consider that existing law regime of soil and urban planning is promulgated until «urbanization» Spain-accelerated process starts with all its vigor.
Sensed, however, this process by the legislator in one thousand nine hundred and fifty-six, many of the problems involved were proactively referred and it can be said that the principles underlying the law of soil have nearly permanent validity. Rightly this legal text received an excellent reception by scientific critics, and the best proof of your superb technical Bill and the general success of its conception is sixteen years after its enactment may be the structural support of a legislative reform which aims to update the legal system in a plot so conflictual and dynamic reality. And is that as we shall afterwards see, problems do not derive both the validity of those principles, but rather its insufficient development of defective implementation of measures articulated to make them effective, of the unsuitability of such measures to the changing circumstances of the country or the failure or ineffective implementation of these measures.
The causes of the Spanish urban situation, susceptible to treatment with legislative measures, such as the following: to) an insufficient impact of economic planning physical planning and a conception of the urban, inserted in the legislation plan Spanish line with the dominant doctrine at the time of the land law, as a closed document was enacted in that static and finish, early image of the city in the year horizon and limited to the physical aspects of urbanization, which has already been overcome from a theoretical perspective and that is revealed as unable to handle the urban process Dynamics demanded by present circumstances indeed.
(b) the urban indiscipline, permanently invoked apology has found on the unsuitability of the plans to the changing needs and which has been also favoured by bankruptcies that existing legislation offers the principle of fair and equitable distribution of burdens and benefits of planning and urbanization, the helplessness that has been for the public interest application generous principle of responsibility of the management to those affected by the cancellation of licenses illegal, although they could go in his performance, intent, fault or negligence serious; by the ineffectiveness of the instruments of control and restoration of urban order and by the disproportion between the political responsibility of the State bodies that have attributed the urban guardianship office and its effective powers to take proper care of this part of the public interest.
(c) inadequate administrative structures and mechanisms of coordination and supervision between the different administrations concerned, to the growing complexity of the phenomena of urban land-use planning.
(d) the abusive use of promotion of building standards, set out in large number of cases with the primary purpose of circumventing the rigor of the law of leases, and the windfall profits which provides the granting of large volumes of building, not offset by the corresponding charges, factors that have contributed significantly to the densification of urban.
(e) from the point of view of urban development policy, fundamental driving the supply of soil and its excessive price Io is the scarcity of urban land. This shortage is determined primarily by the own plans when they qualify as suitable for eI urban development a number of insufficient ground for, under reasonable conditions of competition, the needs of demand; the accumulated deficit of primary and secondary infrastructure; by a legal regulation of land which has not been sufficient stimulus against the advantages in retaining owners have found from their dominant position in this market and rules of implementation of plans which have been not successful to coordinate private and public investments or by make compatible agility in action and justice in the distribution of benefits and burdens.
The law of soil based its antiespeculativa policy primarily on the ability of the public wealth of soil to be used as controllers of the market and in the legislation on forced alienation of solar unbuilt. The failure of these instruments, as they have been designed, does not doubt.
That excessive elevation of the land prices has had very serious consequences not only higher prices of housing in all categories and industrial establishments and services, but, in addition, undue appropriation by owners deprived of an important part of capital gains arising from the process of urbanization. The scarce amount of loads required by the urban planning legislation and the notorious inadequacy of corrective prosecutors allowed consolidation in private hands of important young 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 setting economic and social reality that in the Spanish cultural context translates into legal norms. The eagerness to perfectionist rigorous logical in the conception and implementation of the planning, the idealism of its mechanisms, its low effectiveness to control processes of great vitality and smoothness that have overflowed by the way of a lack of discipline, consensual sometimes even by necessity, and not only the definition of the rights and obligations of the owners, the determination of competencies or the regulation of offences penalties and responsibilities, are reflected in the common framework, which is the legal system. The review of this can and should have decisive influence on the future of urban development. The need for this revision is clear. Is absolutely essential to the definition of a legal framework for urban policy that take advantage of the experience acquired during the term of the land law and is more in keeping with the needs of the present and a reasonable future, so there is established a guidelines that guide the foreseeable growth of urban in the best conditions both from the point of view of the social and the economic.
The reform now proposed tends to correct at the legislative level the situation causes attributable to the legal system, in the context of the above considerations. It is not, therefore, resolve all the issues posed by the growing problem of the urban process. It is intended to influence those problems whose solution can be attempted with legal action and which, in turn, do not demand or a change in the institutional framework of administration or guidelines of the existing law of the land, which is made up of the new provisions. Entrusted to, finally, the Government the recasting of fundamental planning regulations and these and other related, in the smallest possible number of texts, in order to minimize bankruptcies of the principle of unity of basic special legislation of the land law embodied so much and which now is served including the provision integration further in other legal precepts of this law than texts but its urban content, are estimated to be typical of other regulatory bodies.
IV. to fill the gap in the legal system in order to connect with the socio-economic planning physical planning is regulated "ex novo» the figure of the directors territorial coordination plans, of indeterminate space sector a priori, and to which is assigned as mission critical, the noted the broad guidelines which have to guide and coordinate the planning of the territory within forecasts of development plans and with the proper attention to the problems of the environment, and to establish the physical framework in which to develop coordinated forecasts, searchable especially, of economic and social planning. In this respect, cares the adequate participation of State and local agencies in the elaboration of the master plans and attributed its approval, which is binding on all the authorities concerned, the Council of Ministers.
Municipal general management plans are now conceived as open plans, not evolutionary, non-homogeneous, and fixed term enabling, a part, the incorporation of unforeseen, the assimilation of the margin of unpredictability to new or changing requirements, and another, the differentiation of the proposals for own planning with different treatment for them, as for fixity and concretion as they are scheduled.
Thus, on the different kinds of land defined by the Plan, management strategies long-term, broad timeless structures given in general schemes, together with specific programmed actions, will be raised insert in those guidelines, to a realization in the short or medium term. It is to eliminate excessive, not assured determinations technically or economically, and increase the degree of definition and reliability of those elements necessary and required for the immediate development of the city. The proposals of urban structure thus constitute the plot of physical reference to the temporary implementation of its development program.
Another important aspect is the incorporation of forms of action of private initiative, which experience has shown to be usable, and currently have difficulties to occur within the law. It is opening new channels to the activity and capacity of private agents of urbanization for a good part of the process of urban development by units of some entity. Within this approach sets the framework to the Plan may assimilate formulas of urbanism concluded within a system of guarantees and obligations enabling select and sift those proceedings in accordance with its objectives.
Thus, as, along with the planned development, it appears in the project, within the framework of regulated and set by the plans, an eventual development, whose way of demonstrating will influence the further evolution of the Plan and will require its correction and adjustment. Without the commitments of the current "urban reserve", the special field of this flooring, merely possible estate, may have a wide range.
All of the above must have an immediate impact on the supply of urban land, which, as indicated already, is at the base of the problem of speculation. Planned system significantly reduces the effects of the current regarding possible creation of monopolies in favour of owners of land favored by discriminatory concessions of goodwill generated by own planning and the limitation of land that comes with it.
The new details that are entered in the regulation of the partial plans correspond to the purpose of correcting the defects that the experience has highlighted and, primarily, to make them more operating, even at the expense of a greater development effort.
Other important innovations are introduced in the normative framework of this figure. For the first time are designated in General and with a proper formulation minimum allowance for public parks and gardens, for temples, educational and cultural centres and for parking. The settlement with general character of these endowments does not exhaust its virtuality to ensure that minimum collective team, but it largely determines the maximum development potential. In point subject to soil for cultural and educational purposes are assumed as their own urban development policy and with the maximum range of normative demands arising from the General Law of education.
In General is also set a standard for the whole country, according to which, in the absence of Management Plan or urban norm authorizing it, not even the urban land can build higher than three floors above the grade of the land. It thus covers a very important gap in our legal system, which does not provide for a limitation to the construction in urban land without plan, with apparent inconsistency in relation to the whole of limitations arising from urban planning and "ex lege" eliminating the possibility of the urban excesses that as a result of the lagoon has been able to produce.
The new regulation of the special plans makes express reference to reIacionadas with the natural environment and cultural heritage issues and cares for completing the regulations in relation to the reform of the populations. The urban development projects receive a precise definition in terms of its nature and content.
The sort of detail of non-programmed actions executed directly by the administration or agreed with individuals, facilitated through a figure of planning involved the nature of plans and projects.
Experience has shown that subsidiaries and complementary planning standards are in many cases, for reasons of urgency or for the small entity or complexity of the problems, the instrument more adapted to deal with them. The new regulation develops the existing to permit their use as convenient, with greater involvement of local authorities and without bankruptcy warranties due to the interested parties or the minimum requirements of urban art.
The existing precepts of the land law in relation to the monuments or singular buildings have led, in practice, to frequent abusive actions, with notorious violation of general compulsory schemes which are enshrined in the law. With the new regulation modifications of management approved only may take place for reasons of public interest and through the paperwork and formalities established in General.
V. Changes that are introduced into the regulation of urban land are mainly inspired by the following principles: the ability to build the Plan gives it, but the right to build conditions, with all its consequences, to the effective fulfillment of the duties and charges imposed on the owner within the time limits provided for in the Plan itself.
The expectation of urban destination occurs gradually in various times. General Plan, except in urban land, and if the Master Plan, linked to certain negative land, closing the possibility of its future development. For others, they are limited to direct future programming criteria, but without prejudging any specific expectations.
The regulation of the use of some land at the level of partial Plan consolidates concretely the expectation of urbanization. However, this expectation is not definitive, if it is not immediately followed by execution of urbanization and the compliance by the owner of their obligations and charges. On the other hand, is conditioned on deadlines for revocation which allow, against its owner, reintegrate land automatically to your primitive rustic situation where the immediate implementation of the Plan would not be frustrated. This expiration period has a multiple warranty; to the legal traffic safety this term warrants that prior to your course, any reduction in the use implies expropriation and, therefore has to be compensated by the Administration that made the decision. For the public interest, ensuring a part that, within this period, you may reconsider the circumstances and adopted a new decision without any constraint, and another, considerably reducing the risk and significance of scores which are not followed by effective and immediate investment, and stimulating in an indirect way, that is expected to be effective, the necessary supply of soil.
Plans only attribute in programmed the right to use medium (deduced from that laid down in the Plan itself, which corresponds to the Administration). No owner acquires the right to use more than the means of Plan. All have, in the point of departure, the same right. The principle of equitable distribution of burdens and benefits of planning which only operates at the level of sector, without correcting inequalities between these by very large that they were, in the law takes as well, all new residential floor, its ultimate consequences.
The classification of the soil remains key for the determination of the legal regime applicable to the land and to the regulation of the process of urban development.
The definition of urban land is purged of the ambiguities of the current and is made to depend on the physical fact of the basic urbanization, and although at the time of the adoption of the Plan a delimitation of that soil is entrusted to it, not that is the reason why the concept loses its dynamic character. The basic effect of this classification is that by the physical characteristics of the soil - basically urbanized - and its insertion in the urban mesh, from regulation of detail that incorporates the General Plan itself, is agiIiza the completion of the urbanization process.
The Plan differentiates from there two kinds of soil: the developable and non-developable land.
The first is that is considered suitable, in principle, to be urbanized. This urbanization is expected to judiciously voluntarist, according to programmes, for a part of this soil and only as purely as possible under certain circumstances for the rest.
In the undeveloped, its own values of order agricultural, landscape, etc., or desirability of limiting urban dynamics, excludes any possible use of this class.
The principle according to which the planning does not grant the right to build directly is reflected, in terms of valuations of the soil, in the adoption of the criteria according to which the value that this is recognized should be depending on the degree of fulfilment of obligations and burdens arising from the Plan that is observed in each case. The value becomes independent, largely, of pure formal qualifications and is fundamentally dependent on the effective implementation of the Plan, which also depends on the acquisition of the right to build.
The innovations in this area, which involves a close relationship with the tax assessment and a great simplification, complete: to) leading to its ultimate consequences the principle of objective assessment which was broken in the land law with the recognition of «trade» values and that was causing disproportionate in relation to the circumstances, sometimes trivial differences in practice that they gave rise to the application of one or other value; b) eliminating the expectant value applicable so far to the «urban» reservation, regardless of the activity of those concerned, and c) recognizing tenants and tenants affected by expropriations, as a passive, generally weaker, of the same subjects, the right to be compensated in accordance with the law on compulsory expropriation.
Capital point of the new regulations is that refers to free transfers of land. The imposition of these return for the benefits of the process of urbanization has roots in the Spanish legal tradition.
The new regulation extends the obligation to assign land free of charge in favour of the competent administration, in General, conditions that can be only moderate the Council of Ministers, after obtaining the opinion of the Council of State for infrastructures and urban equipment.
The project goes yet one step further: not only facilitates the free obtaining of non buildable or non-profit uses, but imposes the free transfer to the competent administration of private buildable - 10% of that corresponding to the programmed average utilization and also the result of the tender in the scheduled non-, as one component of the just compensation required of owners by the benefits derived from the process urban.
This measure intends: to) facilitate urban management and consequent soil preparation, offering management bodies the possibility of free of charge all the land corresponding infrastructures and urban equipment, by the mechanism of buildable to affected owners compensation; (b) rescue a part of urban capital gains in the form of buildable land, which is also the base of the municipal heritages of the soil and provide at the same time financing of works of the primary infrastructure and urban equipment.
In the same line to facilitate urban management, without degradation of principles of Justice, the compensation mechanism is simplified so substantial. The amount of the contributions is made to depend on as a general rule the surface and the process takes off paperwork and unnecessary requirements.
VI. progress in incorporation of techniques of planning more adapted to the present needs and all developments in order to improve the legal regime of the soil with criteria of Justice could become useless if plans and those affected by them not found in the path of standards governing its execution a runway agile and fluid able to both help the plans actually urban transformation and give those affected a reasonable framework for the exercise of their rights and the correlative fulfillment of obligations.
General systems - arterial networks, large supplies, etc. - are normally executed by the administration. Corresponding soil will be available in a few cases by the mechanism of transfer, offset by the award of the average elsewhere use; in others, by the same mechanism of the resulting transfers of concerted planning operations, which can result in addition, occasionally, to own promoters run at its own cost a substantial part of those general systems. The expropriation will be the normal mode of obtaining soil in other cases, and public funding, the ordinary means of pay systems. Such funding is however provided in the project with the provision in kind of the public wealth of the soil.
The implementation of the other provisions of the Plan takes place normally through polygons and partial plans of action.
The concept of "polygon", of the greatest importance to these effects, is, however, defined in vague terms in the law of the land. Hereinafter is configured as "unity of action" extremely flexible in the planning. His concrete determination entrusted plans or, failing that, to the relevant urban bodies, with the only requirement that have an extension that justifies their autonomy and be able to take on assignments arising from the plans.
From this determination has been necessary to introduce important innovations with regard to performance «systems», which are legally provided for different regulations to implement the Plan in each polygon.
Experience has shown that the real alternatives that can be used are the following: a) expropriation of land and urbanization by the managing body by public funds, even these are obtained in some cases through special contributions, and b) maintenance of the owners considered generically in the ownership of land, but on the basis that come to an equitable sharing of the buildable volume cedan free soil earmarked for roads, parks and gardens, temples, educational and cultural centers and other services of general interest and defray the corresponding works of urbanization.
Reform, in this as in other fields, make an effort of clarification and simplification and regulates these two basic scenarios under the names of expropriation, cooperation and compensation systems.
Touch-ups of the system of expropriation are essentially of a technical; they tend mostly to correct such deficiencies observed in practice. Through changes, both the expropriation general legislation as of the mortgage, mechanisms that facilitate access to the land registry of the goods object of these proceedings, without loss to the guarantees of the owners and holders of real rights in terms of the economic content of their rights are implemented and the necessary are devoted cautelas to make compatible the safety of the urbanization process and the respect of private interests.
The regulation of the cooperation and compensation systems clearly distinguishes the two fundamental operations: the distribution of soil and buildable volume between the affected and the execution of infrastructure works. The distribution of the volume when it is imposed is provided, regarding the criteria until now prevailing, as before already has been collected, where the fee to each owner, unless exceptional circumstances, is made to depend exclusively on the surface of which each is the owner at the time immediately prior to the subdivision.
Not programmed urbanizable performances have been «ex novo» of a special regulation according to its nature.
It is not in the case of immediate execution of all determinations of a plan, that there more than their minimum conditions, but to articulate the mechanisms through which is can update, to initiative of administration or managed, the potential urban destination as mere possibility provided for in the plan for that soil.
In so far as the transformation in urban of that soil is can not operate or simultaneously, or pursuant to a program of action which by hypothesis is there, it is necessary to establish clearly the principles to which the administrative action must be adjusted to promote or simply address this process in which the action of private actors is called to play a role as.
The project is inspired by the respect to the beginning of equality before the law from the minimum requirements of technical and economic order. Any initiative of interested owners that occurs within the framework of the legal limits undergoes therefore normally the contrast with similar ones that may arise by other owners. He is guaranteed, at the same time, opportunities between the managed identity, the biggest advantage to the Administration as a result of the concurrence and desirable objectivity in the selection of the most suitable offers to the general interest. The project does not neglect either the social intention that, in many cases, these actions may have and then establishes the precise peculiarities. The implementation in this class of soil of productive activities, which cannot be subject to the normal system of the previous tender, importance and unique features is surrounded, in defense of the public interest, the maximum guarantees.
Naturally, a process of these characteristics can not trusting its integrity to the stimulus of market forces, and therefore has an inducing action of the Administration, which in its starting point may consist of just a call to the activity of private owners to complete or direct the spontaneous development, but that may end in the absence of a satisfactory response, in the assumption by the administration of supplementary or specific actions that, upon expropriation of the lands, running public bodies directly or through dealers.
VII. amendments to existing legislation relating to compulsory building are collected in the preliminary draft tend to correct the deficiencies observed in his time.
It is protected, also these cases, tenants, entrusting to the provincial judges of expropriation the application in its favor of principles under which compensation received is real equivalence with the economic damage causing by the forced abandonment of their housing.
To reduce as far as possible the densification of urban or for reasons of clear social interest, and without prejudice to the possible revision of the plans, is put at the disposal of the competent bodies the possibility of suspending, by term limited or indefinitely, the regime of compulsory construction in all or part of the municipalities where the parents building densities or other urban or social circumstances so warrant it.
VIII. the right to surface as a formula of dissociation of ownership and use of land is a figure who is deserving increasing attention in all countries as an instrument of politics from the ground. In Exchange for a temporary limitation in the use of the land, these at a lower cost, are obtained which reduces the initial volume of resources required in real estate or in other productive activities to cater for the needs of demand. It also represents a stimulus for the mobilization of the ground by private owners, who can thus put on the market these assets available to developers without renouncing its future recovery with the corresponding revaluation. The promotion and encouragement of dwellings for rent can be found in the right to surface a complement of great interest.
From the perspective of the public wealth of soil, the surface rights can and should be an instrument by which, each time more, make sure that the right of ownership of urban land, once it enters the patrimonial area of administration, not out of public ownership; the increase not only in space, but in time, the heritages of soil, must remain key part of urban policy.
The most important innovations in this area consist of the extension object, purpose, time and modalities of consideration. With these innovations and the granting of certain benefits are designed to create indispensable economic and legal budgets for this figure stops being a pure legal possibility and acquires Charter of nature in the Spanish urban reality.
IX. in order to ensure a greater involvement of the administrations and bodies effectively concerned in planning decisions and greater effectiveness to the determinations of the Planning Administration, establishing the Central Planning Commission as College of inter-ministerial coordination and the competence to approve the plans of upper range is attributed to the Council of Ministers and the resolve all matters at the discretion of the Minister of housing from spreading the mandatory opinion of the Central Commission.
The Central Planning Commission is set up as a body of work and advice of great technical and administrative relief and integrates in its bosom a representation of the organs of the Central Administration with greater responsibilities in the matter, of the local administration in general, local authorities affected by each resolution and the trade union organization. Expected as well not only to the greater success of the determinations of the Government and of the owner of the Housing Ministry, but rather the set of commitments that these will be incorporated give plans that superior moral authority which is the best guarantee of their observance. On the basis of this greater inter-ministerial, local and social participation in decision-making relating to urban planning, it redirects to a few more consistent runways with the general criteria and the appropriate urban planning of the territory, the modification or review of plans, resulting from initiatives of the various ministerial departments that need advise.
X all the powerful arsenal of technical instruments, economic and legal so far referred, placed at the service of a conception of the urban development that already properly dosed ingredients of freedom and intervention, can be quite ineffective, if the last and final link in the chain breaks. The effective implementation of urban planning laws and management plans.
The innovations contained in the project are directed precisely to dispel as far as possible the causes of that phenomenon of urban development discipline that previously has been analyzed and that it is necessary to correct. It is, above all, prevent the infringement, because only prevents the social cost involved in any offence. Seeks by all means to make disappear any stimulus to the antisocial behaviour of the alleged offenders, that could result from the inadequacies of the legal system. To assumed that, despite everything, the offence, committed the entire weight of the law with its attendant sanctions and responsibilities should fall on the convicted offender and at its single expense, shall prevail in the general interest.
The urban order established by the Plan comes to be made effective, ultimately, through its management control through licensing.
In order that all acts of individuals that represent a physical transformation of the ground or space, are subject to license and this, in turn, granted in accordance with the existing planning, proposed a series of legislative amendments aimed all them to maintain and, if necessary, to restore the urbanistic legality.
The suspension and demolition of the works executed without license, the license or under a licence granted in contravention of the provisions of the Plan; the configuration of urban development infractions and its sequel of economic sanctions, without prejudice, of course, reset 'in natura' violated urban order and the liability of offenders are, primarily, the reform subject matter.
Instrumentally a new regulation is given to the system of actions and resources, which comes to collect, through substantial remission, general management produced on the occasion of the promulgation of the legal texts that govern, after the land of law, both the administrative process, the courts of that order, as the internal procedure of the Administration itself.
Licensing reaffirms the capital beginning before indicated, subject to such administrative control all acts that mean a material transformation of land or space. The licensing is deferred to the municipal administration, which thus continues to be the linchpin of the realization of the provisions of the planning.
Leave central position in the urban system is reinforced with the system which intends to suspend and even demolish the works that they are made without license or observance of its provisions. The existing land law was limited to provide for the suspension of the works that were running in such conditions, without addressing the assumptions already accomplished works without legal title that defend them. In addition, in the current regulations was the administration which should show a certainly extreme diligence to leave definitively suspended works that were implemented in such poor conditions.
In the new regulation expands the cases of demolition of works which were already executed, provided that not more than one year he had since his termination, term that deemed sufficient so that the Administration can warn the emergence of illegal works.
On the other hand are reversed the positions of the Administration and of the offender; It is the applicant, once ordered the suspension of the works or appreciated the illegality of the already executed, who must request timely license, so that if it does not, or its provision is contrary to the Plan, proceed to its demolition.
Finally, point to competence for such measures, the project is absolutely respectful with the position that the law grants to councils as last but capital link in the administrative organization of urban planning. Certainly expands the powers that already had the civil Governors to carry out such agreements suspension and demolition, but with respect to this last, a subsidiary title; only in cases where the municipality does not by itself and always after submit the matter to the attention of the municipal corporation to make it that adopt appropriate measures.
The legal system must necessarily be another case of restoring the urbanistic legality in cases that are underway or have been made under a license works, Yes, but granted in contravention of the applicable planning. In such cases, it is necessary to destroy that legal title which, even flawed, is the support of a declaration of rights in favour of the managed. Nothing better to carry out this objective that go with the modulations relevant to systems that the general administrative regulation provides for suspension and cancellation of nursing declaratory acts of rights.
Not all cases of breach of planning can be, logically, determined the suspension of the effects of a licence or the same cancellation. Only in those cases in which to appreciate a violation which, besides being manifested, is serious, there is place at sunset in outstanding legal mechanism of restoration of violated urban order action. Those matters which, because of notorious urban importance, determine the qualification of the gravity of the acts committed against the requirements of the planning are defined elsewhere in the legal text. The «manifesto» nature of the offence is committed in each case to the appreciation, in short, of the courts of Justice.
As in the case of works without or against license cases, expected the double course of works licensed in course of execution or works also licensed already implemented. The restoration of violated planning law is carried out in the first course through a technique already introduced in the general legal system: the administrative authority suspends the execution of the work and within a short and peremptory period gives performances moved to the administrative courts, which will be ultimately who, through the special process under the law of that jurisdiction decide, appreciating the existence or not of manifest infringement in the urban area considered as severe, if the suspension agreement is revoked, or, conversely, also tainted in those terms leave maintained, being annulled. In the second case, works performed, it empowers the Administration, provided that not more than four years has elapsed since the issuance of the license, to proceed with the revision of trade, through the legal procedures established in the legal texts that constitute the ordinary law of administrative procedure.
As regards the powers to adopt the agreements of suspension and cancellation, follows similar criteria than for works carried out without a license, which was above designated.
The restoration of the violated urban order requires further extend the suspension measures of the effectiveness of administrative acts contrary to law to other agreements that formalized in terms of building permit have a sometimes irreversible impact on the implementation of the plans. For such cases the project adopts the same technique of suspension of trade which in the case of contrary to planning licences. The Administration, once agreed suspension, immediate transfer to the courts of the administrative courts that ultimately rule on the validity of the suspended agreement.
The adoption of measures that have been exposed to ensure the maintenance of the urbanistic legality does not exclude the possibility that the violators are punished economically with administrative fines, or prevent, clear is, that those workers affected by town planning illegal actions get in the ordinary courts of Justice appropriate compensation for damages to cargo of the offenders.
For these purposes, is defined with large-scale urban development infraction, pointing to those matters in which a breach of their prescriptions is considered serious, the effects of adopting, if such infringement is manifest, measures of suspension or demolition before reviewed. Determine the different assumptions of authorship or imputability of the infringement with a strict criteria and sets the principle that, as well as the imposition of fines responsibilities are independent for each of the offenders, on the other hand, facing the third parties and in civil liability via, this has solidarity character.
The restoration of the urban order can ultimately generate responsibilities for the Administration itself. It is obvious that when the restoration of urbanistic legality measures occur without that has mediated a previous administrative intervention, as it is the case of the works executed without license, there is no to responsibilities carried out by the Administration, since the injury that meant to the person concerned the suspension or demolition agreement is detrimental to the full support that is the same and not the Administration who has created the status of illegitimacy, which comes to be corrected by the further administrative action. This same conclusion should bring cases of infringement of the legal title that authorizes the performance of the individual, that is, the assumptions of works executed in contravention of the terms of the license.
However, the solution is not necessarily the same when the restoration of the urbanistic legality previously required the destruction of a legal diploma issued by the Administration itself. If the performance of the individual is covered in a license, issued by the Administration, it should be raised if the cancellation of such declarative legal title rights and their consequent measures executive compensation of damages in favour of the holder of the licence.
The project, at this point, collects the principle of responsibility of the management, formulated in general terms, subsequent to the law of the land, by the law on legal regime of the administration of the State. On the other hand, gets the text another rule sanctioned by the common law: nobody can use of fraud to obtain compensation, nor grossly negligent conduct nor can protect to take advantage of it. Hence, consistently with the enumeration of the assumptions of authorship or responsibility of urban planning violations, excluded liability to managing cases of intent, fault or negligence serious, attributable to the injured person, whose appreciation is reserved to the courts.
Finally, in terms of procedure, both in the internal area of the administrative organization insofar as the actions and resources before the contentious, is carried out a remarkable simplification, conscious, as above said, that this matter should not to stay the general regulations on procedure. Hence that administrative and contentious-administrative resource is deleted the complicated system of the land law to receive and refer is set that in the law of administrative procedure and the administrative courts.
Retained as unique specialty in the common system in terms of legitimacy to resort called public action, already introduced by the law of soil, even though it says the time limit within which it may be exercised.
Also noted that project, eco-as much as possible with the legal regime of the municipal action, suppresses cases where appeals against municipal agreements before the State administration were established. All agreements of the city councils will be directly contested before the contentious. Disappear, therefore, resources of appeal to the provincial committees of urban planning and the Ministry of housing.
Also according to the criterion refer to general laws of procedure, it points out to who should be challenged agreements final approval of plans and projects, adopting the system of the administrative courts act.
The exception that had become rule, which is contained in the law of the soil in terms of enforcement of judgments has been deleted also. Thus restores the fullness of the court order. The Administration can not leave without execution judgements handed down by the courts, except in the event truly exception, provided for in the law of the administrative litigation jurisdiction and with the same conditions established in this law.
XI. the innovations which have been accomplished reference are directed in its almost totality, as she was indeed warned, to find that solution of urban problems, anheladamente desired by the Spanish people and their social and political institutions more representative and to lay the groundwork for a management more rational and humane 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 period during which, in just thirty years, will have to "urbanize" more than ever. The urgency that this challenge involves explains and justifies that, without degradation of those expectations and rights which are estimated a just and truly acquired, without solutions of continuity in the process of preparation of urban land that can be interrupted in any way and without disturbing precipitation at point to revision and adaptation of curricula to the provisions of the law obtain the immediate entry into force of the new rules and, above all, those more directly aimed at the rescue of capital gains, to facilitate the implementation of plans and to create conditions of life qualitatively better.
By virtue of and in accordance with the law passed by the Spanish Parliament, come in punishment: article 1.
Designations of the titles, chapters and sections of law regime of soil and urban development of twelve of may one thousand nine hundred fifty and six, and the articles that are listed below, will be modified, repealed or added in the following terms: title I planning of the territory first section. Territorial plans is repealed under this heading.
One. The urban planning of the national territory can be developed through a National Plan of management and directors territorial coordination plans, municipal master plans and complementary standards and subsidiaries for the planning.
Two. The territorial Directors plans of coordination may be supraprovincial, provincial or regional level.
General municipal plans will be developed, as the case may be, in partial plans, special plans, programs of urban action and detailed studies.
One. The determination of the broad guidelines of land use planning, in coordination with the social and economic planning for the greater well-being of the population corresponds to the National Management Plan.
Two. The drafting of the National Plan of management shall be carried out by public and private agencies and local authorities 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 is mandatory.
3. The approval of the National Management Plan corresponds to the courts. Updating the Plan and its concordance with the successive plans of economic and Social development can be conducted by the Government in the way that have the respective laws that approve them.
One. The coordination territorial Directors plans shall establish, in accordance with the principles of the National Plan of management and economic planning and Social and regional development requirements, guidelines for the management of the territory, the physical framework during which they develop the provisions of the Plan and the territorial model that must coordinate plans and rules that affect.
Two. The plans shall contain the following determinations: to) the scheme for the geographical distribution of applications and activities that must be used as a priority the soil affected.
(b) the marking of areas that have set limitations for reasons of national defence, taking into account the specific legislation on the subject or for other reasons of public interest.
(c) the protective measures to be taken in order to conserve soil, other natural resources and defense, improvement, development or renovation of the natural environment and the historical-artistic heritage.
(d) targeting and location of basic infrastructures relating to terrestrial, maritime communications and air, the supply of water, sanitation, power supply and other similar.
3. The territorial coordination plans shall include studies justifying the choice of the territorial model, plans, rules and programs requiring its accomplishment and the technical and economic basis for the development and execution of the Plan itself.
Article eighth bis.
One. Corresponds to the Council of Ministers, on a proposal from the Minister of housing, following a report of the Central Commission of urbanism, agree on the formation of Directors territorial coordination plans, determine bodies or entities which shall proceed to its drafting and intervene in their production and noted its territorial area and period in which they must be drawn up.
The proposal of the Ministry of housing shall be made on its own initiative or another ministerial department, or at the request of a Local authority or a competent special urban entity.
The councils and inter-island may write, on his own initiative or at the request of respective Councils, directors territorial coordination plans, when the territorial scope thereof affects all or part of the respective provincial territory, without prejudice to its subsequent processing pursuant to the following paragraphs of this article.
In any case, in the elaboration of the plans to be involved the ministries of housing and development planning, corporations and local entities or entities planning special competent concerned which so request, and the trade union organization.
Two. Once drafted the Plan, the Ministry of housing shall submit it to the report of local corporations, or public information process foreseen in article 32 of this law, as well as the report of the ministerial departments not involved in its preparation and to those who might be interested by reason of their competence. The latter shall be favorable if they are not issued within the period of two months.
The approval of the directors territorial coordination plans corresponds to the Council of Ministers, on a proposal from the housing, following a report of the Central Commission of urbanism.
3. The determination of the directors territorial plans, regulated in the number two of the previous article, linked to the management and individuals. The measures envisaged will be conducted by each of the ministries affected in the areas of their respective responsibilities in accordance with the requirements laid down in the Decree of approval.
Four. Local corporations, whose territory is affected, total or partially, by a Plan Director Territorial coordination, without prejudice to the immediate entry into force of this shall promote within a maximum period of one year corresponding accommodation to their determinations, through the timely review of their respective municipal general plans. Similarly be the accommodation of the complementary norms or subsidiaries of planning.
One. Municipal general management plans shall cover one or more complete municipalities and the ground for the establishment of the appropriate legal regime to be classified, will define the key elements of the general structure adopted for the urban planning of the territory and established the programme for their development and implementation, and the minimum term of their validity.
Two. Where they exist territorial Directors coordination local general plans plans should be drawn up taking into account the findings and guidelines set out in those in a coordinated manner with the provisions of economic and social planning.
Article nine bis.
One. General municipal plans are specific object, in the urban land, complete their ordination by the detailed regulation of the use of the land and building, noted the renewal or reform that results from, define those parts of the structure Plan general corresponding to this kind of land and propose programmes and concrete measures of performance for execution.
Two. General municipal plans have by specific object defined in the land the key elements of the general structure of the urban planning of the territory; establish, according to their categories, generic regulation of different global uses and levels of intensity and secure development in the short and medium-term programmes, referred to a set of public and private performances.
They also regulate the form and conditions with which may join urban development actions not scheduled by the relevant programmes of urban action for the realization of integrated urban planning units.
3. General municipal plans are specific object in the undeveloped preserve the soil of the urban development process and establish, where appropriate, measures to protect the territory and the landscape.
Four. Initial and provisional approval of the municipal master plans is up to the City Council, when referring to a single municipality, and the corresponding Provincial delegation, in the case of plans that extend to more than one municipality, in accordance with the procedure established in number 1 of article 32 of this law.
Final approval municipal general plans capital of province with populations of more than 50,000 inhabitants corresponds to the Minister of housing, following a report of the Central Commission of urbanism and the provincial Council and the Provincial Commission of urban planning, reports that are understood to be favorable if not are issued within the period of one month. Other general municipal plans shall be approved by the Provincial Planning Commission. All pursuant to the terms and procedure established in numbers two and three of the thirty-two article.
Article nine ter.
One. The municipal general plans of management shall contain the following general determinations: to) classification of soil with expression of surfaces allocated to each of the types and categories of ground taken.
(b) general and organic structure of the integrated territory by the determining elements of the urban development and, in particular, communication systems and their protection zones, free spaces for public parks and green areas in a proportion of not less than five square meters per capita and the community equipment and public facilities.
(c) programming in two stages of four years des Development Plan in order to coordinate actions and public and private investment, and in accordance with the plans and programs of the various ministerial departments.
(d) measures for the protection of the environment, conservation of nature and protection of the landscape, natural elements and artistic historical and urban ensembles, in accordance, where appropriate, with specific legislation that applies in each case.
(e) indication of the circumstances pursuant to which is coming, in their time, the revision of the Plan, based on the total population and its rate of growth, resources, uses and intensity of occupation and other elements that justified the classification of the soil initially adopted.
Two. In addition to the determinations of General, general plans shall contain the following: Dos.Uno. In urban land: a) delimitation of its perimeter, with indication, where appropriate, the scope of the operations of internal reform may be necessary.
(b) allocation of detailed applications corresponding to different areas.
(c) limitation of the free spaces and green for parks and public gardens and sports areas for recreation and expansion.
ch) sites reserved for temples, educational, public or private, healthcare and health centers, and other services of public and social interest.
(d) layout and characteristics of the road network and forecast of car parks with pointing of alignments and grades for all or part of this soil.
(e) detailed regulation of the detailed use, volume, and sanitary conditions of the land and buildings, as well as the aesthetic characteristics of the management of the building and its surroundings.
(f) features and layout of the galleries and supply networks water, sewerage, electricity and other services, where appropriate, provides for the Plan.
(g) economic evaluation of the implantation of services and execution of infrastructure works.
In these determinations shall be expressed which retain, modify and refine the existing management. (Allocations of c) and ch) will be established according to the socio-economic characteristics of the population and agreement, in any case, with the specific legislation on the matter.
Dos.Dos. on land scheduled for development.
(a) development of systems of the general structure of urban planning, with sufficient precision to allow the drafting of partial plans.
(b) determination of the use of half of the total area and, where appropriate, by sectors according to strengths and global applications brought to the land not earmarked for roads, parks and public gardens and other services and provision of SGIs, homogenizing according to their relative values.
(c) mapping of basic networks of supply water, sewerage, electricity, phone service and other services, where appropriate, provides for the Plan.
(d) division of the territory into sectors for development in partial plans.
The content of the General Plan will incorporate into this category of soil determinations of General content Plan, where appropriate, partial plans that follow.
Dos.Tres. in non-programmed urbanizable: to) signaling uses incompatible with those provided in different kinds of soil and the overall structure.
(b) establishment of technical characteristics and the minimum quantities that must meet the actions in this category of soil, depending on the different applications, and allocations, services and equipment which they are entitled.
Dos.Cuatro. in the undeveloped General Plan shall establish measures and conditions that are specific to the conservation and protection of all and each one of its natural elements, is soil, flora, fauna and landscape, in order to avoid their degradation, and the buildings and places that do so because of their special characteristics, with the scope of that in each case it is necessary.
3. The determinations referred to in this article will be developed in the following documents, whose contents and standards shall be fixed by regulation.
(a) memory and complementary studies.
(b) levels of information and urban planning.
(c) town planning regulations.
(d) programme of action.
(e) economic and financial study.
One. Partial management plans are intended to the development, through the management of a part of its territory, of the General Plan, and where appropriate, complementary standards and subsidiaries of planning on land classified as land set and programmes of urban action, classified as land not scheduled floor.
Partial plans without prior General Plan or complementary planning standards which, in any case, may modify those determinations may not be drafted.
Two. The partial plans of management contain these determinations: to) allocation of detailed applications and delimitation of the areas in which divides the territory planned by reason of those and, where appropriate, the division into polygons or performance units.
(b) indication of reserves of land for public parks and gardens, sports facilities and public recreation and expansion, in proportion to the collective needs. The area dedicated to these reserves is at least eighteen square metres per dwelling or per every 100 square meters of residential buildings if the number of homes that could be built had not explicitly set. This reserve may not be inferior to 10% of the total ranked surface, what ever the use to which the land and the building, intended and be drawn up independently of the surfaces in the General Plan for open space or parkland for public urban parks.
(c) fixing of reserve land for cultural centers and teaching public and private in the minimum proportion of ten square meters for housing or for every one hundred square meters of residential buildings if any not expressly determined the number of homes that could be built, grouped according to the modules required to form complete school units.
(d) sites reserved for temples, centers and health and other services of public and social interest.
(e) layout and characteristics of the communications network of the sector and its link with the general system of communications provided for in the General Management Plan, with signs of alignments, flush and protection zones of all the road network, and welfare of car parks on the minimum proportion of a square for each one hundred square meters of building.
(f) features and layout of the galleries and supply networks water, sewerage, electricity and other services, where appropriate, provides for the Plan.
(g) economic evaluation of the implantation of services and execution of infrastructure works.
(h) stage plan for the execution of infrastructure works and, where appropriate, of the building.
3. Partial plans shall include levels of information, including the cadastral, and supporting studies of its determinations as well as flats project, determination of services and necessary Ordinances for execution and, in his case, which are set by regulation.
Levels corresponding to soil reserves set forth in subparagraph (d)); ((the relationship between these and the corresponding paragraphs b) and (c)), and the graduation of both in different population units, shall be fixed by regulation.
Article 10 bis.
One. The detailed studies may be made when necessary to complete or, where appropriate, adapt determinations stated in the General plans for urban land and partial plans.
Two. They can space or reset: to) the signaling of alignments and grades.
(b) the management of volumes in accordance with the specifications of the Plan.
3. Detail studies will maintain the fundamental determinations of the Plan, without altering the use which corresponds to the land included in the study.
In no case may cause damage or alter the conditions of management of the adjoining premises.
Four. Detailed studies may also be made when they are precise to complete the signaling of alignments and grades, with respect to the complementary norms and subsidiaries for the planning.
5. Detail studies will include the supporting documents referred to in the second paragraph ends.
Processing shall be subject to provisions of article thirty and two in and approval will be up to the competent municipal corporations, which will realize the same to the Provincial Planning Commission.
One. Urbanization projects are projects that are designed to put into practice the General municipal plans in urban land, partial plans and, where appropriate, the complementary norms and subsidiaries of planning, for which purpose not may contain determinations about sorting or regime of soil and building, and must detail and programmed works that understand with the necessary precision so that they can be executed by different project technician.
Two. Urbanization projects cannot be modified the provisions of the Plan developed without prejudice that the adaptations required by the material execution of the works can be carried out.
3. Urbanization projects shall include a specification of the characteristics of the works, location in relation to the urban area and flat project and detail, measurements, prices, budget pictures and specifications of the works and services.
One. Management and development of land classified as non-programmed urbanizable is effected in accordance with the respective Municipal General Plan through urban action programmes for the relationship of integrated urban planning units.
Two. Urban action programs will contain the following determinations: to) development systems of the general structure of the urban planning of the territory.
(b) signs of uses and levels of intensity, with expression of the medium in all its field use.
c) layout of basic networks of water supply, sewerage, telephones, electricity, communications and other services that provide.
(d) division of the territory for the development of stages.
These determinations will be completed for each stage with the corresponding partial plans and urbanization projects. Private promotions include the building programmes.
3. Urban action programmes will include studies and supporting information pianos of their determinations, including the analysis of its relationship with the forecasts of the General Municipal Plan and documents and plans of management and project necessary for execution.
Picture. Urban action programmes and their complementary determinations for each stage will be processed and be approved subject to the rules laid down for partial plans.
Second section. Plans special was repealed under this heading.
One. In development of the forecasts contained in municipal general plans, on the territorial plans coordination or complementary standards and Subdiarias for the planning must be drawn up, if necessary, special plans for the management of ro? and artistic ensembles, protection of the landscape and the roads, conservation of the rural environment, in certain places, reform inside, sanitation of populations and any other similar purposes, unless in any case they can replace municipal general plans, as instruments of integrated land-use planning.
Two. (Also special plans will be drafted for the direct implementation of work related to the infrastructure of the territory or the determining elements of the urban development referred to in number two, paragraph d), eighth item, and the number one, paragraph b), ninth item ter.
3. The special plans shall contain the necessary determinations for the development of the Territorial Master Plan coordination or the relevant Management Plan, and, failing that, those of its nature and purpose developed in studies, plans and standards and duly justified.
Four. The special plans will be processed in accordance with the procedure of the thirty-two section of this Act. When they are at the initiative of local entities or special urbanistic, final approval, following a report from the ministerial departments and other bodies concerned shall be: to) develop a General Management Plan to the competent bodies to approve the partial plans.
(b) in all other cases, the Minister of housing.
Article 18 bis.
One. The special plans of reform inside are intended to carry out in urban land, by the competent local authorities, of operations aimed at decongesting, urban facilities and community facilities, sanitation of unhealthy neighborhoods, resolution of problems of circulation or of aesthetics and improvement of the environment or of public services or other similar purposes.
Two. Special interior refurbishment plans shall contain the findings and documents appropriate to the objectives pursued by them, and at least that provides article ten, except that some of them may be unnecessary for does not relate to the reform.
3. In the case of internal reform operations not provided for in the General Plan, Special Plan will not change the fundamental structure of the former, for which purpose will be accompanied in addition a study justifying your need or convenience, consistency with the Business Plan and the impact on the same.
One. Competent organs for the provisional approval of the General municipal plans, partial, special or detailed studies, may agree by the deadline one year suspension of the granting licensing allotment of land and buildings in areas covered by an area determined in order to study the Plan or its reform. The agreement will be published in the «official bulletins» of the province or provinces affected and in one of the newspapers of wider dissemination of each one of them.
Two. The expressed will be expandable maximum to another when, within that one, has completed the period of swelling public provided for in article thirty-two. It will not be possible to agree new suspension in the same area for the same purpose until they reinstated five years, counted from the end of the suspension.
The deadline extension agreement will be published in the manner provided in the preceding paragraph.
3. The initial Plan or project or reform approval will determine itself single suspension of the granting of license for those parts of the territory subject to planning whose new determinations involving modification of the urban and existing regime. The effects of this suspension shall cease with the final approval and, in any case, by the course of the period of two years from the initial approval.
With the publication of the agreement which is subject to public information the Plan initially approved shall be necessarily expressed the territory subject to planning areas affected by the suspension of the granting of licenses.
Four. The petitioners license requested prior to the publication of the suspension shall be entitled to be compensated in the official cost of projects and a refund, where applicable, the municipal taxes.
One. The municipal general plans of management will be reviewed at the time pointing in the same and, in any case, when the circumstances specified in the heading e) number one ninth item ter.
Two. Without prejudice to the provisions of the eighth article bis, point four, when the circumstances so require, the Minister of housing, following a report of the Central Commission of urbanism, may order the review of the General management plans, after hearing the local authorities affected, or according to instance them or special urban entities or the ministerial departments concerned.
3. The Council of Ministers by Decree, on a proposal from the Minister of housing or, where appropriate, a proposal of this and of the holder or holders of other departments concerned, and following a report of the Central Commission of urbanism and audience of interested local authorities, may suspend the validity of the plans referred to in this law, in the form time limits and effects specified in article 22, in whole or in part from its scope, to agree to review. Insofar as this is not approved, it will give complementary norms and subsidiaries for the planning within a maximum period of six months from the suspension agreement.
The National Management Plan may only be suspended in the form that is available in its own law or the approving development plans.
Councils will be reviewed every four years the programme of action contained in the Business Plan.
If programmed urbanizable termed soil are modified as a result of this review, the review of the programme will be completed with determinations and documents required by the aforementioned soil and is subject to the provisions set forth for the formation of plans, in accordance with the provisions of article thirty-nine.
One. Individuals, like the Administration, will be bound to comply with town planning provisions contained in this law and in the plans, projects, Normes and ordinances approved pursuant to the same.
Two. The approval of plans not limit the powers corresponding to the various ministerial departments to exercise, in accordance with the provisions of the Plan, their skills, according to the applicable law by reason of the matter.
Sectoral plans that are at odds with a Territorial Master Plan of coordination must adapt to the guidelines contained in the latter within the time specified in the number four of the eighth article bis.
3. Reserves of dispensation which contain plans or ordinances, as well as that regardless of which is concedieren will be void full.
Article forty-seven bis.
The classification of the soil and the limitations of any kind on the use and exploitation resulting, plans, project, rules, ordinances and catalogues for the protection of the urban and rural landscape, shall be taken into account to assess the soil for the purposes of all kinds of taxes.
One. When five years have elapsed since the entry into force of the Plan or programme of urban action without that take to effect the expropriation of the lands which, in accordance with its urban rating, non-buildable by their owners or have to be object of transfer required by not be possible for the fair distribution of the benefits and burdens in the polygon or performance unit the owner of the goods or their legal successors will notice to the competent administration of its purpose of start record of fair price, which may be carried out by operation of law, if they reinstated two years from the time of the warning.
For this purpose, the owner may present the corresponding sheet of appreciation, and if they reinstated three months unless the Administration accept it, can he contact the Provincial expropriation jury, which shall determine the fair price in accordance with the criteria of this law and in accordance with the procedure laid down in the articles 30 and one and following of the law on compulsory expropriation.
Two. For the purposes of the provisions of the preceding paragraph, the valuation is understood to refer to the time of the initiation of the fair price record by operation of law and the interests on arrears shall accrue from the presentation by the owner of the corresponding pricing.
One. The Housing Ministry may issue a supplementary and subsidiary planning regulations.
Two. The local authorities, the provincial commissions of urbanism and other competent bodies to formulate municipal master plans may write or propose norms of equal character for all or part of the territory on which exercise their competence, when the particular characteristics of this justify it.
3. In one case, they processed according to the procedure laid down by article thirty-two, unless for reasons of urgency appreciated by the Council of Ministers and prior favourable report of the Central Commission of urbanism and heard the local authorities affected, the Housing Ministry agreed that processing without entry.
Four. These standards will be developed, in any case, within the limits specified by this law for management plans, and contain, where appropriate, appropriate cases whereby its revision or replacement by a Plan.
One. In municipalities or part of them where there is no Management Plan will govern the rules promulgated pursuant to the preceding article.
Two. The rules apply to regulate aspects not envisaged in the Management Plan.
3. Subsidiary and complementary planning standards contain the following determinations: to) purposes and strong of its enactment.
(b) delimitation of the territories and towns which constitute the scope of its application.
(c) relationships and incidences with planning supplementing, where appropriate.
(d) urban development minimum standards of management established.
(e) forecasts minimum for buildings and public services and community or general interest purposes.
Four. For urbanization and building under cover of complementary and subsidiary rules, these must be provided, as well as determinations indicated in the previous section, the following: a) projection, dimensions and characteristics of the foreseeable development.
(b) indicative of infrastructures and urban services scheme.
(c) indication of the areas that can develop pursuant to the provisions contained in the standards themselves.
The development of these determinations will be held through the corresponding partial plans.
5. Standards shall consist of the documents needed to justify the determinations and ends that understand and function for which are handed down, and must write with the degree of precision appropriate to the kind of Plan to supplement or complement, and in accordance with the corresponding provisions of this Act.
Constructions will have to adapt in the basics, the environment in which they were located, and for that purpose: to) constructions in immediate places or are part of a group of buildings of artistic, historical, archaeological, typical and traditional, should harmonize with the same, or when, without any buildings, would have any great importance or quality of the listed characters.
(b) in places of open and natural landscape, rural or maritime, or perspectives providing the urban ensembles of short features, typical or traditional and close to highways and roads of picturesque route, will not be allowed situation, mass, height of buildings, walls and closures, or the installation of other elements to limit the field of vision to contemplate the natural beauty break the harmony of the landscape, or defacing the perspective of it.
Article 60 bis.
While there is no Plan or urban norm authorizing it not you can build with more than three floors measured at each point of the land, subject to the other limitations that may apply.
In the case of solar in nuclei or apples built in more than two thirds, councils may authorise heights that reach the middle of the already constructed buildings.
In undeveloped shall the sixty-nine article, one.
Article sixty ter.
Partial plans a density that may not exceed seventy-five dwellings per hectare, depending on the types of population, detailed applications and other characteristics to be determined according to the rules must be set.
In exceptional cases, the Council of Ministers, after obtaining the opinion of the Central Planning Commission, may authorize densities of up to 100 homes per hectare, when necessitated by the urban circumstances of the locality.
The territory of the municipalities in which there is Municipal General Plan will be classified in some or all of the following types: urban, land soil and non-developable land.
They will constitute the urban land: to) the grounds that the Plan includes in that class by having ro access, water supply, drainage and electricity supply, or be included in areas under construction, at least, two-thirds of its surface, in the form determined by him.
(b) which, in implementing the Plan, come to have the same elements of development referred to in the preceding paragraph.
One. Land which the Municipal General Plan declared eligible, in principle, to be urbanized will be developable.
Two. Dentro_de the land, the Plan will establish all or any of the following categories: to) ground set, consisting of that which should be developed according to the program of the Plan itself.
(b) not programmed, integrated soil which can be object of urbanization by the adoption of programmes of urban action.
They will constitute the undeveloped: to) that the Plan does not include in any of the types of soil referred to in the preceding articles.
(b) the spaces determined by the Plan to give special protection, for the purposes of this law, because of its exceptional value agricultural, forestry or livestock, the possibilities of exploitation of their natural resources, their landscape values, historical or cultural or for the defense of fauna, flora or the ecological balance.
One. In the municipalities that neither Municipal General plan, the territory will be classified in urban land and undeveloped land.
Two. Shall constitute the urban land land that have road access, at least half of its surface, include water, evacuation of water and supply of electric power or be included in areas under construction, in a project of delimitation, processed by the Council, pursuant to article thirty-two, will be approved by the Provincial Planning Commission , following a report from the Provincial Government.
3. The other spaces of the municipality shall constitute the undeveloped.
Article sixty-six bis.
For the purposes of this law, shall be regarded as building sites suitable for building urban land surfaces which meet the following requirements: first. Which are built-up according to maximum rules laid down in each case by the Plan, and if it does not exists or not concretare them, will be required, in addition to the services indicated in the sixty-three or sixty-six, two articles, the road to the plot take front have paved driveway and sidewalk curb.
Second. Have a designated alignments and grades, if Management Plan.
One. Urban land, in addition to the specific limitations imposed on him by the planning, will be subject to the of can not be built until the respective plot citizen solar rating, except to ensure the simultaneous execution of urbanization and construction through the guarantees to be determined by regulation.
Two. However, buildings intended for industrial purposes in the permitted areas when safety, wholesomeness and non-contamination remain sufficiently addressed and the owner to assume the obligations set out in paragraph first of next paragraph, by registration in the land registry may be authorised.
3. The owners of urban land must: first. Free of charge transfer to respective Councils land earmarked for roads, parks, public gardens and centers of basic General education in the service of the polygon or corresponding action unit.
Second. Afford the estate.
Third party. Build the lots when the Plan thus established it, the deadline to this point.
The equitable distribution of the burdens arising from the application of this article shall be effected through the reparcel proceeding, in accordance with the 1980 articles, two hundred four, three.
One. Programmed urbanizable shall be subject to the limitation of power not be developed until the corresponding partial Plan is approved. In the meantime, works or installations, except those that are run using the wording of the special plans referred to in article thirteen, two, and the provisionally envisaged in article forty may not be in the and seven, two, may not be used land uses or uses other than those who point to the General Plan.
Two. The effects of urban management, shall be determined: to) the use of half of all programmed urbanizable and each sector into which is divided the same.
(b) the use of each farm, referring to its surface the exploitation sector which is locked, without having relevance in this regard his qualification average concrete plan.
When a sector average achievement exceeds the programmed urbanizable entire, the excess will be compulsory and free, transfer for the purposes of compensation provided for in the number four of this article. The excess, if any, will be incorporated into Municipal Heritage of soil.
If a sector average achievement is lower from the programmed urbanizable all, charges involving urban management, by supporting the rest of the city or urban body acting will decrease proportionately.
3. Programmed urbanizable owners must: a) cede compulsory and free of charge in favour of the Council or, where appropriate, acting urban body land intended permanently to the purposes set forth in paragraphs b) and c) of article ten, two, and other necessary public services.
(b) transfer free of charge and compulsory ten percent remaining use half of the sector in which the estate is located.
(c) pay for the estate.
d) build the lots where the Plan so set it and in time to the same point.
Land which, pursuant to this article, are incorporated into the Municipal land heritage is preferably destined for the purposes provided for in articles hundred fifty and two-hundred fifty-three of this law.
Four. When use real an estate, according to the qualification established by the General Plan, does not reach 90 per cent of use that apply to you, must be compensated for, by allocation of building land in areas of situation and similar conditions. If this defect is less than fifteen percent of the farm, award may be restored at the discretion of the competent authority, by a compensation in cash.
One. While urban action programmes are not approved, classified as non-programmed urbanizable land shall be subject to the following limitations, as well as applicable under other laws: first. Incompatibilities of uses identified in the Business Plan should be respected.
The second. Other buildings than those aimed at farms that are unrelated to the nature and purpose of the farm and fit, may not be in your case, plans or rules of the Ministry of agriculture, as well as structures and facilities related to the execution, entertainment and public works service. However, they may be granted, following the procedure laid down in article 30 and four, buildings and installations of public utility or social interest which are to be sited on the rural environment, as well as isolated buildings earmarked for family home in places where there is no possibility of formation of a nucleus of population.
Third. The types of constructions must be suitable to their isolated condition, in accordance with the rules laying down the Plan, leaving prohibited characteristics of urban structures.
-Fourth. Property transfers, divisions and segregations of rural land cannot be be divisions contrary to the agrarian legislation.
Two. Approved a program of urban action, it shall apply provisions of the two numbers, three and four of the previous article, without prejudice to the obligations, limitations and additional charges that are brought to attention in the program and in the agreement's approval.
Article sixty-nine bis.
One. Lands which are classified as non-developable in the General Municipal Plan, or by application of article 66, shall be subject to the limitations provided for in the preceding article.
Two. Spaces which by their characteristics, according to the General Plan, should be subject to a special protection for the purposes of this Act, may not be devoted to uses which involve transformation of their destiny or nature or injury specific value that you want to protect.
One. Management of the use of the land and buildings that are set forth in the preceding articles shall not confer a right to the owners to demand compensation, involve mere limitations and duties that define the normal content of the property according to its urban rating. Those affected are entitled, however, to the equitable distribution of the benefits and burdens of the approach in the terms provided for in this Act.
Two. The modification or review of the management of the land and buildings established by the partial plans for special plans and programs of urban action, only may give rise to compensation if it occurs within deadlines envisaged for the implementation of the respective plans or projects, or have passed, if the execution has not taken effect for reasons attributable to the administration.
3. Ordinations that impose linkages or unique constraints that lead to a restriction of the urban land use which cannot be subject to equitable distribution among stakeholders, confer a right to compensation.
One. You will be considered urban allotment simultaneous or successive division two or more lots if it would lead to the formation of a nucleus of population in the way in which this is defined according to the rules.
Two. Shall be deemed legal, for planning purposes, all allotment that is contrary to provisions of the Plan, project or urban standard which may apply or which infringes the article seventy-nine of this law.
One. Subdivision means the grouping of farms covered by the polygon or unit of performance for its new division to the Plan, with award of the resulting plots to those interested, in proportion to their respective rights.
Two. Reparcelling aims to fairly distribute the benefits and burdens of the urban planning, regularize the farm configuration and placed its use in areas suitable for building in accordance with the Plan.
One. Land subdivision record shall be started upon approval of the delimitation of the polygon or performance unit, except in the following cases: to) that reparcelling has processed and approved together with such approval.
(b) that has been expressly adopted the performance system or unnecessary expropriation agreement approval in the compensation system.
Two. Initiating the case of subdivision shall entail, without express declaration, the suspension of licensing of allotment and construction in the area of the polygon or performance unit until passing the subdivision agreement is firm administrative.
Petitioners of licenses requested prior to the date of initiation of the record of land subdivision shall have the right to be recovered in a way that points to the number four of the twenty-second article.
The local authority may rescind, prior compensation of damages that corresponds, the licenses granted prior to the date of initiation of the record which are incompatible with the execution of planning.
3. The re-plotting project will be formulated: to) by two-thirds of interested owners representing at least eighty percent of the reparcelable surface, within the three months following the adoption of the delimitation of a polygon or performance unit.
(b) by the local authority or urban active, ex officio or at the request of any of the owners affected, when they had not made use of their right or had not rectified within the period that is marcaré them defects that had appreciated in the project that if any.
Projects drawn up ex officio shall endeavour to comply with the criteria expressly manifested by stakeholders in the three months following the adoption of the delimitation of the polygon or performance unit.
Projects will be subject to public information for a month, with personal citation of those concerned, and shall be approved by the City Council, or in his case, urban organ which is subrogated to the municipal powers.
Article eighty and two.
One. In any case, the subdivision project will take into account the following criteria: to) the right of the owners will be proportional to the surface of the respective plots at the time of the approval of delimitation of the polygon.
(b) the resulting solar will be valued with objective and general criteria for the polygon pursuant to its use and buildable volume and depending on your situation, characteristics, degree of urbanization and fate of the buildings.
c) will be sought, whenever possible, that awarded farms are located next to the ancient properties of the same owners instead.
(d) when the small claims of rights of some owners do not allow that they are awarded independent farms at all, the resulting solar will be awarded in pro-indiviso such owners. However, if the amount of these rights does not reach 15 percent of the minimum buildable plot, the award may be replaced by compensation in cash.
(e) in any case, the differences in adjudication shall be compensation among the interested parties, which is the average price of the resulting lots.
(f) plantations, artworks, buildings, facilities and improvements that cannot be stored will be assessed independently of the soil, and its amount will satisfy the owner interested, charged to the project costs of urbanization.
Two. In no case may award as independent surfaces below the minimum buildable plot farms or which fulfil the configuration and characteristics suitable for your building in accordance with planning.
3. Will not be subject to new award, retaining the primitive properties, without prejudice to regulation of boundaries when necessary and the financial compensation that apply: to) the land built pursuant to the planning.
(b) farms not built in accordance with planning, when the difference in more or less between the use that corresponds to them in accordance with the Plan and which would correspond to the owner in proportion to their right in the subdivision, is less than fifteen per cent of the latter.
Four. In urban land, the rights of the owners in the subdivision shall be governed by the value of their respective plots at the date of approval of the Plan that motivare reparcelling pursuant to provisions of article ninety-two.
Article 80 and three.
One. Passing the re-plotting project agreement will produce the following effects: to) transfer of right to the municipality that is acting on the domain and free of charge from all areas of transfer obligatory, for its incorporation to the heritage of the ground or his involvement in accordance with the uses provided for in the Plan.
(b) subrogation, with full real efficiency, of the old by the new plots.
(c) real involvement of the plots allocated to compliance burdens and payment of the expenses inherent to the system of corresponding action.
Two. The subdivision approval agreement will be challengeable administrative. In contentious, only agreement may be challenged by vices of absolute nullity of the procedure for its adoption or for determining compensation, where applicable, appropriate.
One. The body that has approved the subdivision project issue document with solemnities and requirements ready for the proceedings of its agreements, which relate the ancient properties and their owners, according to the provided titles or, in default thereof, by description of farms and indication of their owners, if known, and description of the new are plots with adjudication of each respective owner. This administrative document is protocolorizara notary, without prejudice that can also grant deed, in the cases and ways that are designated by regulation.
Two. The physical situation and legal farms or rights affected by the subdivision and those resulting from them will be reflected in the land registry, in accordance with provisions of the mortgage legislation in the form determined by law.
3. If any load it appears incompatible with the new situation or characteristic of the farm, the Registrar shall be limited to register in the corresponding seat, and interested parties can go to the competent court for soIicitar the Declaration of compatibility and incompatibility of the charges or charges on new farms, and in the latter case, its transformation into a right of credit mortgage on the new property to the extent that the cargo was recognized.
Article eighty and four bis.
One. Allotments of land to which the subdivision gives rise when they are made on behalf of owners in the corresponding polygon or performance unit and in proportion of their respective rights, shall be exempt, on a permanent basis, of the General tax on property transfer and stamp, and will not have the consideration of transmissions of domain for the purposes of the levy of the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceed that proportion corresponds to the grounds provided by the same are flipped from settlements in terms of excess.
Two. The rules of the compulsory expropriation shall apply Additionally to reparcelling.
One. Estimations of land shall be subject to the criteria established in this law.
Two. The procedure to determine the land value will be indicated in the law on compulsory expropriation, except as provided in article % twenty-five of this Act.
One. The initial value of a property or unit of cultivation, for the purposes of this Act, shall be determined: to) by the gross yield that correspond you effective rustic farm or that is naturally susceptible.
(b) by its average value on sale for the purposes of his agricultural holding.
In no case may take into consideration values or returns which have direct or indirect relationship with the possible urban land use.
Two. Rustic performance the agricultural, forestry, cattle breeder, the hunting and any other such estimate included.
3. Among the yield that a fund is naturally susceptible, can estimate the results of transformations that can be operated, with normal media, both mechanical and technical or capital, existing for the development of agrarian and leading exploitation to the optimization of the fertility of the Earth, but not the hypothetically resulting from an alleged application of means extraordinary.
Four. Cultivation units directly operated by the owners is set to, in addition, the award condition that must serIes attributed in the case of compulsory purchase.
5. When the initial value to be arrived at by application of the above criteria is less than that recorded in cadastral assessments, municipal rates or other public estimates approved, will prevail the highest that converge on the ground.
One. The urban value is determined in function of the exploitation that corresponds to the land according to its situation, in accordance with performance that this use is attributed for tax purposes at the beginning of the evaluation record.
Two. The exploitation that, in any case, will form the basis for the determination of the urbanistic value, once deducted the grounds of compulsory assignment affecting one, shall be as follows:-in the En el suelo soil land non-programmed, resulting from their use and intensity of occupation, under the ninth article ter, one, e).-in the scheduled , the middle sector use.
-In urban, permitted by the Plan or, where appropriate, the average use attached to the polygons, or units of actions subject to subdivision, and in the absence of the Plan, three cubic meters / square meter, referred to any use.
3. Urban value to be determined on the basis of these criteria may be increased or decreased is by fifteen percent, at most, in consideration of the degree of urbanization and of the specific characteristics of the land concerned.
One. Plantations, works, buildings and installations that are present in the soil, justipreciarán regardless of the same or increase with the amount the total of the property value, unless by its character of permanent improvements, have been taken into account in the determination of the initial value or the urban under the eighty-eight article.
Two. Allowances in favor of rural and urban tenants shall be determined as laid down in the law on compulsory expropriation.
Classified as non-developable land is tasarán according to the initial value.
Article ninety and two.
The land classified as urban land or urbanizabIes in all categories is tasarán according to the urbanistic value.
Appraisals will be limit to the initial value, which shall prevail over the urban whenever this lower.
Article ninety and three, ninety-five and ninety -seven.
They shall be repealed.
One. Assessments shall remain in force for ten years.
Two. When circumstances beyond speculation and real have noticeable variations in the market of land or in the general economic situation, the appraisals, ex officio or at the request of any affected owner will be revised.
3. As a basis for the review, without prejudice to other factors, the general weighted price index to the wholesale posted by the National Institute of statistics.
Article cent one.
Title III implementation of the plans first section. Enforcement and inspection under this heading is repealed.
Two hundred article.
One. The implementation of management plans corresponds to the State, local authorities and special urban entities, in their respective spheres of action, without prejudice to the participation of individuals in this execution, in the terms established under this title.
Two. The execution of the plans by means of the system of expropriation can be administrative concession, which will be awarded through competition, in which the rights and obligations of the concessionaire shall be fixed.
3. The State and local authorities may constitute joint-stock companies or companies of mixed economy, pursuant to the applicable law in each case, for the implementation of management plans.
Three hundred article.
One. Programmed urbanizable actions require the prior approval of the partial Plan of the corresponding sector.
Two. In the land not only programmed it may act through the adoption of programmes of urban action and the corresponding partial plans for its implementation.
3. He is excepted from the provisions of this article the execution of General the urban land-use planning systems planned in the territorial Directors of coordination plans, or general plans, or that of any of the elements of such systems.
Second section. Performance of polygons is repealed under this heading.
Four hundred article.
One. The execution of plans and programs of urban action will take place for polygons full, except directly execute the General systems or any of its elements or perform actions in urban land.
Two. The estates shall be established taking into account the following requirements: to) that by its size and characteristics of the management are likely to take ground transfers arising from the demands of the Plan and urban action programmes.
(b) make possible the equitable distribution of the benefits and burdens of urbanization.
(c) have enough entity to justify technically and economically the autonomy of action.
3. In urban land, when no possible determination of a polygon with the requirements laid down in the previous issue, nor in the case of isolated actions, urban operations may be conducted through the delimitation of units of action that allow, at least, the fair distribution between the owners of the benefits and burdens arising from the planning.
Should not be enclosed polygons or units of action immediate transfer free and compulsory grounds excluding polygons referrals and units in the corresponding part of the listed grounds.
Five hundred article.
The delimitation of polygons and units of action if it is not contains plans, as well as the modification of the already defined when appropriate, will be granted ex officio, or at the request of the individuals interested, by the Local authority or special urban acting, in accordance with the procedure governed by article thirty-two, with reduction of deadlines by half.
However, no claim or recourse based on errors or omissions not reported in the phase of public information may give rise to the feedback of performances.
Article one hundred five bis.
The land of any kind to expropriate for urbanistic reasons must be earmarked for the specific purpose which is established in the relevant Plan.
If it is intended to modify their involvement or depleted its enforcement Plan without having fulfilled the destiny to which affected, shall the reversal of land pursuant to provisions of the law on compulsory expropriation.
Chapter II of the first section actuation systems. General provisions repealing this heading.
Six hundred article.
One. Execution of polygons or performance units will be made by any of the following systems of action: to) compensation.
Two. The corresponding Administration will choose the applicable system according to needs, economic and financial means to count, collaboration of private initiative and other circumstances that occur concurrently, giving preference to the systems of compensation and cooperation, except where reasons of urgency or necessity require the expropriation.
3. When the Management Plan or program of urban action not precisaren system, your determination will take place with the delimitation of the polygon or performance unit. If owners representing sixty per cent of the total area of the polygon or unit of action requested, in the processing of public information of the procedure for its delimitation, the application of the compensation system, Administration will agree to it, after hearing of the other owners of the polygon or performance unit.
Four. In any case, will the application of the system of expropriation when the Board compensation or, where appropriate, the sole proprietor of all the lands of the polygon or unit of action fail to comply with the obligations inherent to the system of compensation.
Seven hundred article.
The owners of land affected by an urban action are subject aI fulfillment of the following charges: to) carry out transfers of land provided for in this Act.
(b) cover the costs of urbanization.
The administration shall be bound to affect transfers from soil to the destination laid down in the plans, and eventually and the Municipal Heritage of the ground and perform the urbanization of schedule. Variation in the fate of the land of compulsory transfer may not mean any decrease in the amount of transfers corresponding to the average in each case taking.
Eight hundred article.
When the performance in certain polygons or performance units is not presumably profitable, to be excessive burdens in relation to the scarce use planned for the buildable areas, the Council of Ministers, on a proposal from the Minister of housing, and after obtaining the opinion of the Council of State, with audience or, where appropriate, at the request of the interested municipalities, may be authorized without modifying the determinations of the Plan, a reduction in the contribution of the owners to them or compensation in charge of the Administration, trying to match the costs of the performance of other similar that have been proven viable.
Nine hundred article.
One. Costs of urbanization which need to be borne by the affected owners understand the following concepts: to) the works of viability, sanitation, water supply and electric power, lighting public, trees and gardening, are provided for in the plans and projects which are of interest to the sector or area of activity, without prejudice to the right to return of the installation costs of the networks of water supply and electric power companies charge that you give the services, except for the part that should contribute according to the regulation of those users.
(b) from compensation for the demolition of buildings, destruction of plantations, works and installations that require the execution of plans.
(c) the cost of the partial plans and urbanization and subdivision projects.
Two. The payment of these costs may be carried out, prior agreement with the concerned owners, giving these, free of charge and free of charges, building land in the proportion that is deemed sufficient to compensate them.
Hundred and ten article.
Owners of unscheduled land rural land that is the subject of a programme of urban action, shall provide for the execution or supplement of the exterior works of infrastructure on which rests the urban action, without prejudice to the fulfilment of the charges referred to in article sixty-nine.
One hundred eleven article.
One. Obligations and burdens of the owners of the ground referred to in this chapter shall be subject to fair distribution between them, together with the benefits derived from the planning, in the form that suits freely through compensation or land subdivision.
Two. Failure to comply with obligations and charges imposed by this law will enable the competent authority to expropriate the lands affected.
Article one hundred eleven bis.
One. The assignment of ten percent to which refers article sixty-eight, three, in the case of urban projects of sectoral or which by their nature require a reduced extension of land or placed in isolated spots, may be replaced by certain, economic compensation in accordance with the procedure laid down in article eighty-eight.
Two. Also proceed compensation alternative among those affected when, in the circumstances of buildings in an urban action, it is not possible to carry out material reparcelling of land all or part of the same superior to fifty per cent of the affected surface.
Chapter III compensation hundred and twelve article system.
One. In the compensation system, owners provide the grounds of compulsory transfer, made his coast-to-coast urbanization in the terms and conditions to be determined in the Plan or programme of urban action or passing the system agreement and constitute Compensation Board, except that all land belonging to a single owner.
Two. The basis of performance and the statutes of the Board of compensation shall be approved by the corresponding administration. To this end, owners representing at least sixty per cent of the total area of the polygon or performance unit, be submitted to the corresponding administration corresponding bases and statutes projects. Prior to the resolution to be adopted, the other owners will be hearing.
Chapter II performance systems is repealed under this heading.
First section. General provisions repealing this heading.
Thirteen hundred article.
One. The polygon or performance unit owners who have not requested the system may join with equal rights and obligations Compensation Board, if they had not done so earlier, within the time limit of one month from the notification of the agreement's approval of the bylaws of the Board. If they did not, their farms will be expropriated in favour of compensation Board which will have the status of beneficiary.
Two. You can also join the Board the Urbanizadoras companies that participate with the owners in the management of the polygon or performance unit.
3. Compensation Board will have administrative nature, its own legal personality and full capacity for the fulfilment of its purposes.
Four. A representative of the corresponding Administration will be part of the governing body of the Board in any case.
5. Compensation Board agreements shall be appealable in appeal before the corresponding administration.
Article fourteen hundred.
The transmission to the municipality in the domain and free of charge from all areas of compulsory transfer and of the works or installations that owners should run their coast-to-coast will take place by operation of law under conditions to be determined by regulation.
Second section. System of cooperation under this heading is repealed.
Fifteen hundred article.
One. The incorporation of owners to compensation Board does not presuppose, unless the statutes had anything else, the transmission of real estate affected to the results of a common administration. In any case, land will be directly pertaining to the fulfilment of the obligations inherent in the system with annotation in the land registry in the form that is designated by regulation.
Two. Compensation boards act as fiduciaries, with full power device on farms belonging to the owners members of those, without more limitations than those laid down in the statutes.
3. Transmissions of land that occur as a result of the establishment of the Compensation Board for contribution from the owners of the polygon or performance unit, where thus the statutes had it, or under compulsory purchase, and leases of plots carried out in favor of the owners members of these boards and in proportion to the lands incorporated by those they will be exempt, on a permanent basis, of the General tax on property transfer and stamp, and will not have the consideration of transmissions of domain for the purposes of the levy of the tax on the increase in the value of the land. When the value of land plots allocated to an owner exceeds that handles correspond to the grounds provided by the same, are flipped from settlements in terms of excess.
One hundred sixteen article.
One. Compensation Board will be directly liable the competent administration, the complete urbanization of the polygon or unity of action and, where appropriate, the construction of the resulting lots, when so any set.
Two. Quantities appropriate compensation Board by its members will be payable by way of enforcement, by request of the Board to the corresponding administration.
3. The non-observance by the members of the Board's obligations and charges imposed by this law will enable the inspecting Administration to expropriate their respective rights in favor of the Compensation Board, which will have the status of beneficiary.
Chapter IV system of coopeacion seventeen hundred article.
One. Cooperation system owners provide the soil of compulsory transfer and administration runs the urbanization works with charge to them.
Two. The application of the system of cooperation requires the subdivision of the land covered by the polygon or unit of action unless this is unnecessary to be sufficiently equitable distribution of benefits and burdens.
3. Administrative associations of owners, either at the initiative of these or by agreement of the Council, with the purpose of collaborating in the execution of infrastructure works may set up.
Article eighteen hundred.
One. Charges of the estate will be distributed among the owners in proportion to the value of farms are awarded to them in the subdivision.
Two. The corresponding Administration may require the affected owners pay amounts on account of the costs of urbanization. These amounts may not exceed the amount of the investments planned for the next six months.
3. The corresponding Administration may, also when circumstances warrant, agreed with the affected owners a deferment in payment of the costs of urbanization.
Article nineteen hundred.
In the system of cooperation not licenses may be granted for building until it is firm administrative approval of the subdivision of the polygon or performance unit agreement, where that is coming.
Chapter V system of expropriation hundred twenty article.
One. Expropriation system will apply for polignos or complete units of action and shall include all goods and rights included in the same.
Two. Without prejudice to the provisions in the previous issue the compulsory expropriation may be applied for the implementation of the General systems of the urban planning of the territory or that of any of its elements, or to perform actions isolated in urban land.
Third section. System of expropriation is repealed under this heading.
Article twenty-one cent.
One. When the execution of the plans by the system of expropriation, the delimitation of the polygons or performance units shall be accompanied by a relationship of owners and a description of the goods or rights concerned, drafted pursuant to the provisions of the law on compulsory expropriation.
Two. If you don't act by polignos or complete billing units, the application of the compulsory purchase for the execution of the General systems or any of its elements or to carry out actions in urban land, will require the formulation of the relationship between owners and description of property and rights referred to in the previous number, which will be approved by the expropriating body prior the opening of a public deadline information of fifteen days.
Article one hundred and twenty-two.
One. When the bounded surface there is public property and the fate of the same as planning is different from which motivated their involvement or affiliation to the General-purpose or public services, follow the procedure laid down in the law of heritage of the State or, where appropriate, in the legislation of Local regime.
Two. The rural roads that are covered in the bounded surface means of municipal property, unless proven otherwise. In terms of the urban roads that disappear, you'll understand transmitted full to the expropriating authority and subrogated by the new resulting from planning.
Article one hundred and twenty-three.
The surface in the area delimited for expropriation purposes may not be performing any construction or modify existing ones, except in specific and exceptional cases following express authorisation by the expropriating body, which, if not the City Council, shall inform this for the purpose of the timely licensing.
Fourth section. Compensation system is repealed under this heading.
Article one hundred and twenty-four.
Article one hundred and twenty-five.
The expropiante can choose between follow expropriation individually for each farm or the joint in accordance with appraisal procedures applied to what is available then: one. The project of expropriation will be exposed to the public for term of one month, to enable stakeholders, to whom the corresponding sheets of appreciation, must be notified to formlar observations and claims relating to ownership or assessment of their respective rights.
Two. Informed these by the inspecting administration, will raise the record to the Provincial Planning Commission for its resolution.
3. The decision shall be communicated individually to property and affected rights holders. If concerned, within twenty days, in writing their disagreement with the valuation established by the Provincial Planning Commission, with claim if any of what they deem relevant to their right, the Provincial Planning Commission will give record transfer the Provincial jury of compulsory purchase for the fixation of the fair price in accordance with the evaluation criteria set out in this law.
In another case, the silence of the person concerned shall be regarded as acceptance of the valuation set by the Provincial Planning Commission, understanding is determined definitively the fair price.
Four. The resolution of the Provincial Commission of urbanism will involve the Declaration of urgency of the occupation of the property or rights concerned and the payment or deposit of the amount of the valuation established by the same will produce the expected effects on six, seven and eight of the fifty article numbers and two of the law on compulsory expropriation.
Article one hundred and twenty-six.
One. Without prejudice to what is available in the following section, the actions of the expropriation dossier will continue with those who appear as interested in the project of delimitation, drawn up in accordance with the law on compulsory expropriation, or prove in legal form, be real holders of the goods or rights against what you say the project. Joint valuation procedure errors not reported and justified within the time specified in the preceding article number one does not give rise to nullity or replacement of performances, retaining, however, stakeholders, their right to be compensated in a way that corresponds.
Two. Time to pay the fair price, will only proceed to do it cash, consigning otherwise those interested that provide certification registry on their behalf, in which record have spread the note of article thirty and two mortgage regulation or, failing, supporting their right titles, completed with negative of the property registry certifications relating to the same building described in the titles. If there were loads must also appear the same holders.
3. When there are contrary to reality registration statements the fair price may be paid to those who have rectified it or subverted by any media indicated in the mortgage legislation or act of notoriety processed in accordance with the article two hundred nine of the Notarial regulation.
Article one hundred and twenty-seven.
One. Once the payment or deposit you can raise one or more acts of occupation and sign with one or more registry farms all or part of the surface object of his action, required the registration of all and each one of the expropriated properties. The fact that some of these farms were not inmatriculada shall not prevent so that you can directly practice that registration. Apart from the registration of the grouped farms, and effects of transfer, will extend the timely note.
Two. It will be inscribable title certificate or certificates of occupation accompanied by the minutes of payment or proof of consignment of the fair price of all occupied farms, which will be described under the mortgage law. That title, as well as those which are necessary to practice the inscriptions referred to in the following article, must be accompanied or, where appropriate, of the respective planes, one of whose copies will be filed in the registry.
3. Whether to proceed to the registration came doubts based on whether within the occupied surface exist any registry estate not taken into account in the expropriation dossier, without prejudice to proceed with the registration, will be such circumstances, for the purposes of the following article in the knowledge of the expropriating body.
Article one hundred and twenty-eight.
One. Handled the procedure of expropriation in the way established in the preceding articles and raised the Act or acts of occupation, it means acquired, free of charge all of the farms within the same by expropriating administration, which will be kept in your purchase once you have registered their right, without that fit exercise no action real or court against the same even when subsequently appear interested third parties not taken into account in the record, who, however, shall retain and may exercise all personal actions could be entitled to perceive the fair price or expropriatory allowances and discuss the amount.
Two. If subsequent to the registration of the joint act of occupation appear farms or previously registered rights which were not taken into account in the expropriation proceedings, expropriating administration, of its own motion or at the request of an interested party or own Registrar, asked that practice the corresponding cancellation, without prejudice to the provisions of the previous number.
Article one hundred and twenty-eight bis.
In the case of urban projects of public promotion in new estates to the creation of urban land, payment of the fair price of the property and expropiables rights can be made by the inspecting administration, in accordance with the expropriated, with own urbanization resulting plots.
The valuation of the assets and rights expropriated and the resulting plots will be in accordance with the criteria set out in this Act, taking into account the costs of urbanization for the plan, according to provisions in the cent article nine, and in accordance with the procedure laid down in the law on compulsory expropriation. All this in the form and conditions to be determined by regulation.
Fifth section. Cession of land road system is repealed under this heading.
Article % veintiueve.
One. In all matters not provided for expressly in this law applies the general legislation of compulsory purchase.
Two. The correction provided for in item eighty three and number eight for the individual from each of the existing properties, valuation shall apply irrespective that, for concepts, similar, appropriate tax.
Article one hundred and thirty.
In the event of expropriation referred to in paragraph two of article cent twenty always applies the procedure of the law on compulsory expropriation, without prejudice that the valuation of the land is made pursuant to the criteria for the evaluation of this Act.
Chapter III forms of management repealing this heading.
First section. Governance is repealed under this heading.
Article one hundred and thirty-one.
The cost of expropriations referred to in the previous article can be echoed on owners resulting especially benefited by the urban action, through the imposition of special taxes.
Chapter VI implementation of performance planning article one hundred and thirty-two.
One. Local authorities and, where appropriate, the competent special urbanistic, ex officio or at the request of a party, may be called contests for the formulation and implementation of programmes of urban action in accordance with the determinations and criteria indicated to this effect, the General Plan.
Two. The contest will mark the areas suitable for the location of the actions, the extent of developable surfaces, minimum requirements of planning in relation to determinations and criteria for this purpose set the General Plan, with indication of the General purpose for which is intended action, the obligation of developers build a percentage of building in certain periods warranties and penalties for non-compliance, and other circumstances that set up the aforementioned action.
3. Bases will be realized, also other obligations that should assume the successful tenderers, which shall include, at least, the following:
(a) free transfer to the Local authority or, where appropriate, to the competent special planning of land earmarked for roads, parks and public gardens and other services and provisions of general interest which, in any case, may be less than those laid down in this law.
(b) construction of road network comprehensive area of action and networks of supply of water and electricity, sanitation, lighting and other services, where appropriate, provide for.
(c) construction of necessary connections on the outside of the area, with the networks referred to in the preceding paragraph.
(d) forecasting and execution of equipment appropriate to the size and purpose of the Act which, in the case of residential use, will consist, as a minimum, the creation of public green spaces and build educational, social and commercial centers.
Four. The cession of ten per cent of the average utilization may be replaced by the major obligations which, for this purpose, to establish the bases.
5. Bases may also set the maximum prices of sale or rental of the buildings.
Article one hundred and thirty-three.
One. The bases will be drafted by the entity that called the contest and will be approved by the body of competence for the adoption of the programme of action.
Two. Contestants, to formulate their offers, must present planning progress.
3. The award of the contest will be awarded by the same entity that called it.
Four. The ceremony for the award of the contest will determine the applicable system and approve the progress of planning presented by the contestant selected for the purposes of article 23 with the amendments that, in his case, came.
5. In any case, the presentation of the progress of planning shall not limit the powers of the Administration with respect to the adoption of the agenda of urban action and partial plans that develop it.
Article one hundred and thirty-four.
Awarded the tender, shall be for the selected contestant to formulate the corresponding action plan, in accordance with the approved planning progress, if not I had done previously, subject to the proceedings and 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 detriment to established programs in it, local authorities and, where appropriate, the competent special urbanistic may formulate and directly implement programmes of urban action is unnecessary in this case the call for competition.
Two. They may also formulated and run programs of urban action without a prior call for competition, when in the case of the urbanization of land earmarked for facilities of relevant production activities or of special importance and for the formation of industrial estates, and thus the Council of Ministers by Decree, agreed on the proposal of the Housing Ministry and the competent by virtue of the matter prior review of interested local corporations, and of the Central Commission of urbanism and opinion of the Council of State. The obligations to be met by the successful tenderer in connection with what is established in paragraph three of article one hundred and thirty-two shall be determined in the Decree.
Article one hundred and thirty-five bis.
Of having directly formulated programmes of urban action by the local authorities and, where appropriate, the Special building these may be called tenders for the execution and development of the same, subject to the laws and provisions governing their respective competencies.
Article one hundred and thirty-six.
Urban action programmes will be implemented by systems of compensation, cooperation or expropriation. The determination of the system shall be carried out by the Administration in the manner provided by this Act.
Second section. Privately run repealing this heading.
Article one hundred and thirty-seven.
In any case, the approval of the program of urban action will involve the Declaration of public utility and the need for the occupation for the purpose of compulsory purchase of the land required to link the area with the corresponding elements of the General systems abroad.
Article one hundred and thirty-eight.
Failure to comply with the obligations of the successful tenderer will lead, where appropriate, to the resolution of the Convention and to the lapsing of the urban action program, with respect to the portion of execution, without prejudice to the sanctions that apply.
One hundred thirty-nine, one hundred forty-one hundred forty articles and one.
They shall be repealed.
Article one hundred and forty-nine.
One. The disposition of an estate included in the registry, made pursuant to the hundred and forty-six articles, one hundred and forty-seven or one hundred forty-eight, will produce the final extinction of leases and other rights personal constituted by any title in connection therewith, unless they impact in any way on the new construction or have reserved in her local or rooms the ancient occupants.
Two. If the owner who intends to undertake or complete the construction, will produce the same effect the granting of the license, even if you request it after the deadline arranged by hundred forty and two-hundred forty and three articles, but before existing request for acquisition by a third party.
3. If appropriate by reason of the nature of the obligation, the rights referred will be compensated by the owner for its real value, in accordance with the procedure laid down in the law on compulsory expropriation and as provided for in its article forty and three. In any case, the payment or deposit of compensation will be prior to the eviction.
Article one hundred fifty-one bis.
Councils, prior authorisation of the Minister of housing, or, with audience, may rescind the general regime of the forced building all municipal term, or any part of it in the following cases: one. When in the territory affected by the suspension of the General Plan determine the need or desirability of internal reform operations or be initially adopted a Special Plan of this nature.
Two. When building densities are or other circumstances of urban, economic, or social character so warrant it, remain as such circumstances.
Article one hundred and fifty-seven.
One. State, local authorities and special building and other public persons, within the scope of their competence, as well as individuals, may constitute the surface rights on grounds of their property destined for the construction of housing, complementary services, industrial and commercial facilities, or other certain buildings in planning schemes, whose right will correspond to the superficiario.
Two. The surface rights shall be transmissible and liable to assessment, with the limitations that may have attached to constituting what and will be governed by the provisions of this section, establishing title of law and, secondarily, by the rules of private law.
Article one hundred and fifty-eight.
One. The granting of the right to surface by the State and other public persons shall be by auction or direct award as a result of having proceeded to a partial expropriation of the domain of the ground, by allowing the implementation of the Plan. The direct award may be free of charge or for less than the cost price, provided that the land be used for the purposes provided for in articles hundred fifty and three-hundred fifty-five. It will require, in addition, authorization by the Minister of housing or of the Interior, according to which such an award get verified by urban bodies of the State administration or by the local authorities.
Two. The Constitution of the surface rights shall be in any case formalized in writing and, as establishing its efficacy requirement, register in the land registry.
3. When you transgress against payment, the consideration of the superficiario may consist in the payment of a sum raised by the award, or a regular Canon, or the awarding in homes or at local or at lease some or other rights or in several of these modalities at the same time, without prejudice to the total reversal of the built up at the end of the term that had agreed to form the surface rights.
Article one hundred and fifty-nine.
One. The surface rights shall terminate if it builds within the period provided in the Plan or the agreed, if it was a minor, or by the course of the term that had agreed to provide it, which shall not exceed seventy-five years in the granted by the State and other public persons, or ninety-nine in the agreement between private individuals.
Two. When the surface right by expiry of the period is extinguished, the owner of the ground will do his thing built property, but he must satisfy compensation any anyone who is the title under which it has set up that right.
3. The extinction of the right to surface by the course of the term cause of all kinds of real or personal rights imposed by the superficiario.
Four. If for any reason they met in the same person the rights of ownership of land and of the superficiario, the burdens that fall on one and another law will continue taxing them separately.
Hundred sixty article.
The granting of the right to surface by the State and other public persons and its Constitution by individuals shall enjoy the benefits established by law in the award of ratings, loans and aid provided for in the protective legislation in dwellings.
Article one hundred sixty bis.
If required the permanence of the uses to which the land intended for the local authorities, following a report of the Ministry of housing and authorization of the Interior, may transfer directly, for less than the cost or free price, the domain of such land in favour of entities or institutions destined to end that manifest benefit to the respective municipalities. They may also perform such transfers under the conditions and with the formalities laid down by law to meet special needs of social housing.
Article one hundred and sixty-one.
Article one hundred and sixty-five.
One. Shall be subject to prior license, for the purposes of this Act, the acts of building and land use, such as the urban subdivisions, land movements, the works of new plant, modification of structure or external appearance of the existing buildings, the first use of the buildings and modification of the use of the same, the demolition of buildings placement of visible propaganda posters from the public highway and other acts that señalaren plans. When acts of building and land use made by private individuals on land in the public domain, shall be also required license, without prejudice to authorizations or concessions that are relevant grant by the entity holder of the public domain.
Two. The licenses will be awarded in accordance with forecasts of this law of urban management plans and programmes of urban action and, where appropriate, complementary and subsidiary planning regulations.
3. The licensing procedure will be adjusted to the stipulated in the legislation of Local regime. In no event shall be acquired by administrative silence powers against the prescriptions of this law, plans, projects and programmes and, where appropriate, complementary and subsidiary planning regulations.
Article one hundred and sixty-seven.
One. The events in the one hundred and sixty-five article that promote by organs of the State or public law entities that manage state assets, will be equally subject to municipal licence.
Two. Where reasons of urgency or exceptional public interest so require, the competent Minister, by reason of the matter, may agree to remission to the corresponding Town Hall of the project in question, so that in the period of one month notify conformity or nonconformity with urban planning in force.
In case of disagreement, the record shall be sent by the interested Department to the Minister of housing, who will raise it to the Council of Ministers, following a report of the Central Commission of urbanism. The Council of Ministers will decide whether to run the project, and in this case will order the initiation of the procedure of modification or revision of planning, in accordance with the procedures established in this law.
3. City Council may, in any case, agree the suspension of the works referred to in number one of this article when it intended to carry out in the absence or in contradiction with notification, in accordance with the planning established in the previous issue, communicating this suspension to the body drafted the project and the Minister of housing for the purposes prevented in the same.
Excepted from this ability works directly affecting the national defense, for which suspension must mediate agreement of the Council of Ministers, upon proposal of the Housing Minister, at the request of the competent City Council and the affected military Ministry or high greater State report, case of affecting more than one military Ministry.
Article one hundred and seventy-one.
One. When the acts of building or land use related in the article % sixty-five is made without license or order of execution, or comply with the conditions laid down therein, the mayor or the civil Governor, ex officio or at the request of the provincial delegate of the Ministry of housing, will have the immediate suspension of such acts. The suspension agreement shall be communicated to the Town Hall in within three days if he had not been adopted by the Mayor.
Two. Within the period of two months from the notification of the suspension, the interested party must apply for the appropriate license or, if necessary, adjust the works license or order of execution.
3. Expiry of that period without expressed license have been urged, or works have been adjusted to the abovementioned conditions, City Hall remember the demolition works at the expense of the person concerned and will definitely prevent applications that would result. Similarly proceed if the license is denied for being its provision contrary to the requirements of the Plan or the Ordinance.
Four. If the City Council does not proceed to demolition in within a month, counted from the expiration of the term that referred to in the previous number, or since the license was denied for the reasons expressed, civil Governor or mayor will have directly this demolition, coast-to-coast, likewise, of the person concerned.
Article one hundred and seventy-one bis.
One. Whenever he had not after more than one year since the total completion of the works carried out without license or order of execution or not conform to the conditions laid down therein, the authorities referred to in the preceding article will require to the promoter of the works or their successors in title so request within two months of the appropriate license. The requirement will be communicated to the Mayor within the period of three days Yes that not have been made by the same.
Two. If the person concerned does not apply for the licence within the period of two months, or if the license was denied for being its provision contrary to the requirements of the Plan or the Ordinance, shall be in accordance with the numbers three and four of the previous article.
3. In previous articles shall be independent of the faculties corresponding to the competent authorities, under the specific system of authorization or concession to which they are subject certain acts of building or land use.
Article one hundred and seventy-two.
One. The Mayor will be the suspension of the effects of a licence or order of execution and consequently the suspension immediately initiated under its protection works, when the content of such administrative acts clearly constitutes an urban development infraction grave.
Two. If the civil Governor, ex officio or at the request of the provincial delegate of the Ministry of housing, detects that the works carried out under cover of a licence or order of execution are that same kind of urban development infraction, it shall inform of the Municipal Corporation, to its President proceed according to article in the previous issue. If within ten days of the President of the Municipal Corporation does not adopt measures expressed in that number, the civil Governor's office, remember the effects suspension of license or order of execution and the immediate stoppage of the works.
3. In any case, the Authority agreed the suspension shall, in the pIazo of three days, to give direct transfer of that agreement to the room administrative competent for the purposes prevented in both numbers and following of the cent article eighteen of the administrative courts act.
Article one hundred and seventy-two bis.
One. Licences or orders of execution whose content clearly constitutes some serious planning infringements defined in this law, should be checked within four years from the date of issue by the Municipal Corporation that granted them through some of the procedures of the cent article ten of the Administrative Procedure Act, either ex officio or at the request of the civil Governor , to request, where applicable, the provincial delegate of the Ministry of housing.
The Corporation must be agreed where applicable the demolition of the carried out works, without prejudice to the responsibilities which fall due in accordance with the provisions of this law.
Two. If the Municipal Corporation does not appropriate the adoption of previous agreements in the period of one month, from the communication of the civil Governor, this will give account to the Provincial Commission of urbanism for the purposes specified in the number four of the fifth article of this law.
Article one hundred and eighty-eight bis.
One. To promote the building according to planning, councils may submit for assessment: that are qualified as urban or developable land scheduled or acquire this condition, even if they are built and provided that they do not have the status of solar.
Two. Increasing buildable volume in urban land resulting from the modification of the planning is also subject to assessment only once.
3. The taxpayer's assessment, the acts subject and exempt, taxable, types of levy, date of accrual and other characteristics shall be determined in the rules that govern the taxation of the local bodies. The urban value of land and other conditions that are assessed when those become solar shall be taken into account for this purpose.
Four. The amounts raised by the concepts covered in this article is without prejudice to municipal urban management.
Article one hundred and eighty-eight ter.
One. In cases of expropriation under this Act, in which outside application urbanistic value, the difference between this and the initial value attributable to the land or that appropriate prior to the effects of the tax on the increase in the value of the land, shall be taken into account in the application of such discretion. Also be taken into account in the discretion, if any, free and compulsory transfer of 10% from the rest of the medium use.
Two. For the purposes of the previous number expropriating administration, when it was not the City Council, will find this of the fair price assigned to the expropriated land.
3. The product obtained pursuant to this article will be affected to the corresponding urban management.
Article one hundred and eighty-nine.
The realization of new developments, by supporting them ahead of time, and in full in complying the precepts of this law and in cases that the cost thereof is disproportionate or when the developer at its expense to provision of general interest services, will give rise to the right to a reduction of up to eighty per cent of the basis for the urban Territorial contribution of the buildings made on the grounds of new development.
Article one hundred ninety.
The realization of development in sectors of interior refurbishment works, by supporting them promptly and in advance, originate the right to a reduction in the tax base of the urban Territorial contribution of new buildings, as Max in the percentage from that fees and charges which apply to new constructions are equivalent to the attributable to farms occupying the ground before the new development.
Article one hundred ninety-one.
The period of enjoyment of the benefits referred to in articles hundred eighty and nine-hundred ninety shall be ten years from the date of completion of the relevant buildings.
Article one hundred and ninety-two.
The enjoyment of tax benefits referred to in the three preceding articles is incompatible with any other granted tax benefits, generally to new buildings and they will not be, therefore, susceptible to enjoy simultaneous or successive. In these cases corresponds to the beneficiaries the right to opt for one of the benefits that may be applicable.
Article one hundred and ninety-three.
Reductions to refer articles hundred eighty and nine to one hundred ninety -two shall also apply to all kinds of exactions of local corporations, which, by taxing the new constructions, borne by the urban Territorial contribution fees.
Article one hundred and ninety-eight.
One. The Central Commission of urbanism, in the Ministry of housing, is the top organ of consultative status in matters of planning and urbanism.
Two. The Central Planning Commission will be chaired by the Deputy Secretary of housing.
3. They will form part of the Commission, in the number and shape that is established by law, representatives of the ministerial departments, local governments, Trade Union, of those public corporations whose activity is immediately related to the planning and urbanism, and up to a maximum of five members appointed by the Minister of housing between persons of proven competence in any of the specialties of urbanism.
Four. Also form part of the Commission: to) when subject to his report the territorial Directors plans for coordination, the Presidents of the councils and the mayors of provincial capitals and municipalities of more than twenty thousand inhabitants affected.
(b) the representatives of the ministerial departments with category of Director-General to designate the respective Ministers, in relation to matters within its special competence for each case.
5. The Commission will act in full, sections and presentations, with the composition and functions determined by law.
6. The President may convene meetings to authorities or technical personnel deemed appropriate to the best advice of the Commission.
Article one hundred and ninety-nine.
One. The Central Planning Commission shall mandatorily prior to the adoption of the National Plan of management, the directors territorial plans coordination and general municipal management plans of the capitals of province and municipalities of more than fifty thousand inhabitants, and whenever his report by any provision requiring legal or regulate.
Two. The Minister of housing may also refer to consultation of the Central Commission of urbanism, many matters relating to its competence is suitable.
3. When the Housing Minister disagrees of the mandatory report of the Central Commission of urbanism, the resolution of the issue will be up to the Council of Ministers.
Two hundred twelve article.
One. Municipal agreements that constituyeren manifest breach of planning regulations may be left in abeyance in the year following its notification or publication when this is mandatory, by the bodies and procedure and effects that are foreseen in the article hundred seventy-two, simultaneously by adopting the appropriate measures to ensure the effectiveness of the broken provisions.
Two. Local authorities may review ex officio its acts and agreements in the field of urbanism pursuant to the provisions of articles nine hundred et seq. of the law on administrative procedure.
Chapter II infringements urban article two hundred and thirteen.
The violation of the provisions contained in this Act or in the plans, programmes, policies and Ordinances shall be regarded as urban planning violations and take with it sanctions to those responsible, as well as the obligation of compensation for damages and compensation for damages in charge of them, all this regardless of the measures provided for in articles hundred seventy and one and one hundred seventy-one bis a hundred and two hundred seventy and seventytwo bis of this law and the responsibilities of penal order which have been incurred by offenders.
Two hundred fourteen article.
One. Urban planning violations will be classified in major and minor in the form determined by law.
Two. They will have in principle character of serious offences which constitute breach of the rules concerning subdivisions, use of floor, height, volume and location of the buildings and allowed occupation of the surface of the plots.
3. Urban planning violations will be sanctioned according to provisions of articles one hundred and thirty-three et seq. of the law on administrative procedure.
Two hundred fifteen article.
By law the sanctions that may be imposed as a consequence of this law, adapting them to the classification of urban planning violations will be determined.
Article two hundred fifteen bis.
One. In the works that will run without a license or with failure to comply with its provisions, they will be punished with fines in the amount determined in this law, the promoter, Entrepreneur of the works and the technical director of the same.
Two. In works in a license, whose content is manifestly constitutive of a serious urban development infraction, shall be equally liable to fine, the physician who has been favorably reported the project and members of the Corporation that had voted in favour of the granting of the license without prior technical report, or when this is unfavorable due to the infringement , or the warning of illegality provided for in the legislation of local regime had been made.
3. Professional associations that had entrusted the visa of the precise technical projects for obtaining licenses, in accordance with article % sixty-five, denied said visa to which contain any of the offences covered by article two hundred fourteen, two.
Four. Fines imposed different subjects as a result of a same violation will be mutually independent.
5. To adjust the fines it will serve primarily to the seriousness of the matter, the economic entity of the acts constituting the infringement, their repetition by the person responsible for and the degree of guilt of each of the offenders.
6. The competent authorities to impose fines and the maximum amounts of these are as follows: to) the mayors. In the municipalities that do not exceed ten thousand inhabitants, one hundred thousand pesetas; that do not exceed fifty thousand inhabitants, five hundred thousand pesetas; that do not exceed one hundred thousand inhabitants, one million pesetas; that do not exceed five hundred thousand inhabitants, five million pesetas, and in the more than five hundred thousand inhabitants, 10 million pesetas.
b) the civil Governors, prior report of the provincial committees of town planning, up to twenty-five million pesetas.
(c) the Minister of housing, following a report of the Central Commission of urbanism, to fifty million pesetas.
d) Council of Ministers, on a proposal from the housing, and following a report of the Central Commission of urbanism, to 100 million pesetas.
7. The illegal allotments in the amount of the fine may be extended to an amount equal to all the benefit earned more caused damages, and the amount of the sanction will not be never less than the difference between the initial value and the corresponding land for sale.
Two hundred sixteen article.
Which, as a consequence of urban development infraction suffered damage may require any offenders, with supportive character, redress and compensation.
Article two hundred sixteen bis.
One. Urban development infractions will prescribe a year have been committed, except when in the present law establishes a higher deadline for its enactment or revision.
Two. The period of limitation begins to compute from the day in which the infringement has been committed or, where appropriate, from one in that procedure had been instituted.
Article two hundred sixteen ter.
When the benefit that derived from an urban development infraction exceeds the penalty corresponding can this increase in the amount equivalent to the benefit obtained.
Chapter III administrative resources repealing this heading.
Two hundred seventeen article.
Chapter III liability of the Administration article two hundred eighteen.
Source of compensation due to cancellation of a license via administrative or contentious-administrative courts shall be determined in accordance with the rules governing general responsibility for the administration. In any case there is place to compensation if there is serious fraud, fault or negligence attributable to the injured person.
Two hundred nineteen article.
Chapter IV actions and resources article two hundred and twenty.
Article two hundred twenty-one.
Agreements of the Provincial Commission of urbanism or its President, as well as those referred to in subparagraph (b)) number six of the fifteen hundred article bis, will be subject to appeal before the Minister of housing.
Chapter IV actions and jurisdictional resources repealing this heading.
Two hundred and twenty-three article.
One. The action to demand the enforcement of planning legislation and plans before the administrative courts and administrative bodies will be public. Projects, standards and ordinances.
Two. If such action is motivated by the execution of works that are considered illegal you can exercise during the execution of the same and up to one year after its completion.
Two hundred and twenty-five article.
One. The acts of local authorities, what ever their object, that put an end to the administrative procedure, shall be appealable directly before the contentious.
Two. Acts of final adoption of management plans and development projects will be contested before the contentious in the terms prevented in article twenty-nine of the regulating law of such jurisdiction.
Two hundred twenty-six, two hundred twenty-seven and two hundred twenty-eight articles.
They shall be repealed.
FINAL provisions first.
Many provisions are opposed to the provisions of this law with the caveats contained in the following provisions are repealed.
One. Within the period of one year, counting from the publication of this law, the Government, on the proposal of the Minister of housing, and after obtaining the opinion of the State Council, approved by decree a recast of the regime of the land law and urban planning.
Two. The revised text will integrate into its regulatory body the eleven articles of the Decree-Law of twenty-five of February one thousand nine hundred fifty and seven on reorganization of the Central Administration of the State; 13 b) the Decree two thousand seven hundred sixty and four/thousand nine hundred sixty-seven, twenty-seventh day of November; third sixty Decree and three/thousand nine hundred sixty-eight, on 18 January, and third final provision of nine hundred ninety thousand Decree and four/thousand nine hundred seventy-two, of 13 July, and the precepts of the hundred and fifty-eight law/thousand nine hundred sixty-three, of two December on 'change of plans in planning and development projects when they affect parks and open spaces under the same harmonizing its content with the provisions of this law. You must include the table of validity of previous provisions on the same matter and recorded expressly the previous ones which must be totally or partially repealed.
The Government is authorized to that in the same period of a year and a joint proposal of the Ministers of information and tourism, housing, and after obtaining the opinion of the Council of Ministers approve by decree a consolidated text of the ninety hundred law and seven/thousand nine hundred seventy-three, of 28 December, on centres and areas of national tourist interest , where, to always save the powers on? attributed to both departments, adapt to the? urban content of the Act, the provisions of the present, continuing existing in all respects, as the indicated text is approved.
The Council of Ministers, within the period of six months, counting from the publication of the text articulated from the law on Local Government, on the proposal of the Ministers of the Interior, housing, and after obtaining the opinion of the Council of State, incorporated into the text of the land law, as necessary, the urban local authorities powers in the form and scope than for each one of them set the legislation of Local regime.
Articles hundred sixty-two hundred sixty and four and hundred eighty and three to one hundred eighty-eight inclusive of the regime of the land law and urban planning of twelve of may one thousand nine hundred fifty and six, will be repealed on the entry into force of the Bases of the statute law of Local Government and shall be replaced by the precepts of the same to the content of those to be incorporated. The provisions of articles hundred eighty-eight bis and one hundred and eight and eight ter shall enter into force simultaneously to the mentioned law of Bases of the status of Local Government.
One. It authorizes to the Government so that, after obtaining the opinion of the Council of State, dictate the precise provisions to accommodate the revised urban Territorial contribution text, approved by the Decree of one thousand two hundred fifty and one/thousand nine hundred sixty-six, twelve from may, to the precepts of this law, taking into particular account the repercussions arising from variations in qualification of soil they come determined by the application of this law.
Two. The Government, after obtaining the opinion of the State Council, also will dictate the provisions necessary for the development of the provisions in article forty-seven bis.
One. Can be lifted by the Government when the circumstances warrant, by prior Decree report of the Council of State, the amounts of the reserves and provisions referred to in articles 9th ter, one, b), ten, two, b), c), d) and e). These amounts may decrease only when exceptional circumstances so require, prior favourable report from the Council of State. Also the Government may establish other reserves and forecasts of a similar nature on the proposal of the Minister of housing, and in the case of the holder of this Department and the competent Minister by reason of the matter.
Two. The Government is authorized to establish, by means of Decree, the criteria according to which the General plans have the amount of the reserves and provisions applicable to urban land or, where appropriate, to determine the amount directly, according to urban circumstances of affected populations.
3. The Government, by Decree, on a proposal from the Ministry of housing, shall set the conditions and proportion that can be ascribed to the construction of social housing the buildable surface resulting from public performances for the creation of urban land, corresponding to the use referred to in articles 60 and eight, three and sixty nine, and two, as well as their transfer to cost or lower price When are promoted by public entities or non-profit housing.
The Government is authorized so by Decree, on a proposal from the Minister of housing, and after obtaining the opinion of the Council of State, reviewed the composition of the provincial commissions of urbanism and, when the circumstances warrant it, modify the same composition and that of the Central Commission of urbanism.
Authorizing the Government to adapt by Decree, on a proposal from the Minister of housing, the amount of fines established in article two hundred fifteen bis, to the evolution of the macroeconomic circumstances on the basis of the general index? prices for most published by the National Institute of statistics.
The Government, in the six months following the adoption of the revised text of the regime of the land law and urban planning, dictate by Decree, on a proposal from the Minister of housing, after obtaining the opinion of the Council of State, the general regulations or, where applicable, partial regulations as it deems appropriate for the development and implementation of this law.
This law shall apply in Álava in everything what is not opposed to economic and administrative specialties that make up his own regime. Applies also in Navarra, without prejudice to the provisions of law 16 of August of the year one thousand eight hundred and forty-one, on regime of its provincial government and Provincial and the Navarre municipalities, as well as other provisions of their peculiar right, recognized by the Royal Decree-Law four of November's thousand nine hundred twenty-five.
Since the entry into force of this law shall be abolished the surcharge of 25 percent in the tax on the increase in value of the land included in the record of those who are in a forced sale.
It authorizes the Government so that, on the proposal of the Ministry of Justice, and the Housing Ministry report handed down precise provisions to accommodate mortgage legislation to the provisions of this law in order to ensure that limitations and obligations set out therein and plans, programs, projects, regulations, ordinances and catalogues are reflected with any accuracy in the registry of property.
In formulation, processing and management of the urban planning bodies must ensure the greater involvement of stakeholders and in particular the rights of initiative and information by individuals, associations and corporations.
TRANSITIONAL provisions first.
One. The General management plans in force currently will be adapted to the provisions of this law. The adaptation may be limited to the classification of the soil, determination of the average utilization and incorporation of the relevant programme.
Two. Local authorities should submit proposals for adapting to the competent bodies for the adoption of the plans, within four years following the entry into force of this law.
3. The Government, on the proposal of the Minister of housing, may, in justified cases, reduce or extend this deadline in two years.
Four. Proposals for adaptation shall be subject to the same procedure laid down for the approval of plans, without the application in these cases the expected approval by administrative silence in article thirty and two of the regime of the land law and urban planning of twelve of may one thousand nine hundred fifty and six.
5. If proposals for adaptation were not submitted for approval within the indicated deadlines, the Ministry of housing or the provincial planning Commission, where appropriate, shall write them and process them automatically.
6. As established in the present transitional provision refers in all cases without prejudice to the immediate implementation of the standards of accommodation of the of territorial urban contribution concerning the sixth final provision under soil rating variations in existing plans that come determined by the application of this law.
So do not carry out the adjustment provided for in the previous provision, the following rules shall be considered: one. Partial plans definitely approved prior to the entry into force of this Act which were not currently running under the following transitional provision and which definitively approved later will run according to the precepts of this law. To the effects prevented in article sixty-eight means measured achievement resulting from the partial Plan within its own sphere.
Two. Partial plans that are initially approved subsequent to the entry into force of this Act shall comply with the provisions of article ten and develop determinations that establish the respective general management plans for various qualifications of soils.
Partial plans that are currently running on the entry into force of this law, will continue to run according to the precepts of the regime of the land law and urban planning of twelve of may one thousand nine hundred fifty and six.
These effects shall be read are in course of execution: to) on the system of cooperation, when the citation of the owners has occurred by the Council referred to in article one hundred eighteen of the regime of the land law and urban planning, from twelve of may one thousand nine hundred fifty and six.
(b) in the system of expropriation, when he is has finally adopted the delimitation of the expropriation referred to in article cent twenty-first, four, of the aforementioned Act of twelve of may one thousand nine hundred fifty and six, or, in your case, there had been this delimitation of the expropriated estate with the definitive approval of the corresponding partial Plan, or there had been the delimitation of the Area of urgent urban action in special legislation prevented terms.
(c) in the compensation system, when it had been approved by the urban development authority the Constitution of the Board of compensation.
(d) in the system of cession of land road, when it had been agreed by the Council the execution of infrastructure works for that system in the prevented terms in 130 item, two, twelve of may one thousand nine hundred fifty and six law expressed.
The precepts of 50 law and two/thousand nine hundred sixty-two, twenty-first of July, on valuation of land subject to expropriation in implementation of general plans of housing and urban development, will no longer apply in the municipalities that have approved general plans, in accordance with the provisions of this law or, where appropriate, have been carried out adaptation that refers the first transitional provision.
Actions that had been initiated under the aegis of the aforementioned law, of the twenty-first day of July of thousand nine hundred sixty-two continue to grow in accordance with its rules.
Also, until the General management plans in force nowadays adapted to this law, in accordance with the first transitional provision, or, in its case, approval of new general management plans, the Government, by Decree, on a proposal from the Minister of housing, may agree to the application of the provisions of this law for urban action programs in the cases regulated in article one hundred thirty-five, to areas or areas to be determined in the Decree itself, matter what classification or urban use of land comprising.
One. The Government, within the period of one year, shall draw up and forward to the courts a draft rules of national Management Plan pursuant to the seventh article of this law, in which the generic guidelines of the urban structure and regional management and planning of the territory shall be defined.
Two. Until approval of the National Management Plan can be formulated and approved directors territorial plans with the content and the procedure established in articles eight and eighth bis of this law.
3. The municipalities that will not count, the entry into force of this law, with General urban Plan approved or pending, should be made within the period of one year project established in article sixty-six urban land delimitation, two.
The provincial planning commissions is surrogated in the previous paragraph when the City Council had not made the project within the period which is designated in the same.
Four. Plans concerning areas or centres of tourist interest are processed under the aegis of its specific legislation, shall comply with the determinations of the plans in this law without prejudice to the specialties that have contain pursuant to its purpose.
Given in the Palace of El Pardo, to two of may one thousand nine hundred seventy and five.
FRANCISCO FRANCO the President of the Spanish Parliament, ALEJANDRO RODRÍGUEZ DE VALCÁRCEL and NEBREDA