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Royal Decree 1492 / 2011, Of 24 October, Which Approves The Regulation Of Valuations Of The Land Law.

Original Language Title: Real Decreto 1492/2011, de 24 de octubre, por el que se aprueba el Reglamento de valoraciones de la Ley de Suelo.

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TEXT

PREAMBLE

The second final provision of the recast text of the Law of Soil, approved by Royal Legislative Decree of 20 June, authorized the Government to proceed, in the field of its powers, to the development of the aforementioned Law.

Several are the precepts of the Law in which a subsequent regulatory development is referred to, both in relation to specific aspects, and in the generic mention contained in the aforementioned Second Final Disposition. However, such development is not presented with a uniform character of need for all its contents, since the Law is either explicit or sufficiently explicit in some of the contents to enable it to be applied directly or in others. limits the establishment of basic conditions of equality in the exercise of rights and the fulfilment of the corresponding constitutional duties which, as such, find their best accommodation in the legal text itself.

From this perspective, the Regulation develops the recast text of the Soil Law as regards "the real estate valuation", with the intention of responding to the desire expressed by the state legislator to improve the functioning of the soil market, in order to make it more transparent and efficient, while also combating, as far as possible, any speculative practices in the use of the soil, speculative practices which sometimes affect directly to the fixing of securities for expropriation purposes. The Constitutional Court, in its judgment 61/1997, attributed the competence of the state legislature to assessments only in cases which were intended to provide equal treatment for all citizens to certain relations. of the same with the Public Administrations. Therefore, this development includes the methods and techniques of assessment to be applied in the cases referred to in Article 21.1 of the Recast Text of the Soil Law, all without prejudice to any other special legislation and its implementing rules, such as those of a financial and tax nature, in particular.

The development of the new system of valuations established by the Law is therefore of unquestionable importance, not only because the criteria for the assessment of the previous legislation had not been regulated, but also because, for the first time since the Autonomous Communities took over the exclusive powers in terms of urban planning, the State has proceeded to develop a Soil Law.

Regulatory regulation is distributed in five Chapters and four Annexes:

Chapter I contains, as General Provisions, the object of the Regulation and the necessary complement of two aspects regulated by the recast text of the Law of Soil, the novelty of which is producing in practice problems of interpretation and application. This is the land in a urbanised situation, which has been identified with certain elements as necessary, and the evaluation and monitoring of the economic sustainability of the management instruments, the most fundamental of which are In this Regulation, in order to ensure that it complies with the function conferred on it by the Law.

Chapters II, III and IV already regulate, in accordance with the guidelines set out in the recast of the Law of Soil, the concepts for the realization of the valuations and the corresponding methods of valuation, which are oriented to the need to estimate quantitatively the value of the replacement of the property which is the subject of valuation, on the other hand in the same situation, without any consideration of the possible expectations not derived from the investment effort of the property. To this end, in order to assess buildings in a basic situation of rural land (Chapter III), since it is a less concurrent market and more opaque than that of the land in a situation of urbanized, the value of the capitalization of the real income is developed or the potential of exploitation, in a context of finding the value corresponding to the highest and best use of the rural land, again without taking into account the urban expectations. This does not exclude the introduction of land valuation methods with a wide range of economic activities already present or likely to be developed in the rural land, different from conventional use, which are typical of an economy. modern and advanced.

From the conceptual perspective of the valuation in rural soil, the development of the corresponding articles of the Law lead to the formulation of the valuation of farms, understood as units of production, which they correspond to the territorial part of the company, which is reached from the most technological traditional valuative fields, including in rural land any regulated economic activity. The theoretical replacement of land income, income from exploitation, in line with modern agriculture and the Community Agricultural Policy, and in order to resolve the increasingly frequent inclusion of farms, is thus produced. not agricultural on rural soil. In the same direction the development of the potential of the potential income must be considered, which allows to include in the assessment the technological and economic improvement for the modernization, as well as the totality of the productive potential value of the rural territory.

On the other hand, from the methodological perspective, a new treatment is proposed in the field of valuation, consisting of the proposal of different types of capitalization, for different types of farms, and the risk function of each activity on rural soil, which is the fundamental core of the rural assessment to which Articles 7 to 18 of this Regulation are devoted. In those articles, the variability resulting from the life-holdings with limited time horizon, the corresponding cyclical variations of each activity on rural land of unlimited duration, the consideration of income real, potential income and chronological processes of conversion, along with the need, by constitutional mandate, to eliminate urban expectations, have made it essential to include a certain algebraic formulation from the Field of Financial Mathematics whose main result is the sum of progressions geometrical.

In terms of the valuation of buildings in a basic situation of urbanized land (Chapter IV), as it had been done in previous legislation, criteria based on market information have been used, (a) compliance with the duties and the lifting of the urban charges by the holders, although on this occasion and in order to achieve greater methodological accuracy, the criteria for the different situations in the field have been set out in detail. which you can find the ground.

To conclude, Chapter V refers to the urbanization and development expenses and develops the provisions of Articles 25 and 26 of the recast text of the Soil Law.

During the processing of this Regulation, the process of hearing has been carried out to the organizations and associations representing interests affected by it. Autonomous and to the Departments of Ministeriales, all in compliance with the provisions of Law 50/1997, of 27 November, of the Government.

Finally, from the point of view of competition, "the real estate valuation" as a fundamental matter whose regulation includes the regulation constitutes an exclusive competence of the State, within the meaning of the provisions of the Article 149.1.18. of the Spanish Constitution, and in accordance with a case law which has already been consolidated by the Constitutional Court. Therefore, in compliance with the provisions of the Second Final Disposition of the Royal Legislative Decree of 20 June, the provisions of this Regulation are dictated by the powers conferred on the State by the Article 149.1.1., 13. and 18. ª. of the Constitution.

In its virtue, on the proposal of the Minister of Development, in accordance with the opinion of the Council of State and after deliberation of the Council of Ministers at its meeting of 21 October 2011,

DISPONGO:

Single item.

The Valorations Regulation of the recast text of the Soil Law, approved by Royal Legislative Decree-2/2008 of 20 June, is approved, the text of which is inserted below.

Single repeal provision.

All provisions of equal or lower rank which are opposed, contradicted or incompatible with the provisions of this royal decree, and in particular the entire Title IV on "Valorations" of the Royal Decree 3288/1978 of 25 August, for which the Regulation on Urban Management was adopted.

Final disposition first. Competence title.

This royal decree is issued under the jurisdiction reserved to the State exclusively by Article 149.1.8. and 18. of the Constitution, on civil legislation and forced expropriation and the system of the responsibility of the Public Administrations.

The provisions included in Chapter I, which have the character of basic conditions of equality in the exercise of rights and the fulfilment of the corresponding constitutional duties, are excepted from the foregoing. and, where appropriate, the basis of the general planning of economic activity and of the public administration system, which are dictated by the exercise of the powers reserved to the State in Article 149.1.1., 13. and 18. of the Constitution.

Final disposition second. Entry into force.

This royal decree will take effect the day following its publication in the "Official State Gazette."

Given in Madrid, 24 October 2011.

JOHN CARLOS R.

The Minister of Development,

JOSE BLANCO LOPEZ

INDEX

Chapter I. General Provisions:

Article 1. Object.

Article 2. Basic situation of urbanized soil.

Article 3. Assessment and monitoring of economic and environmental sustainability.

Chapter II. General concepts and criteria for the performance of valuations:

Article 4. Definitions.

Article 5. Buildings, buildings and installations adjusted to the law and in a situation of physical ruin.

Article 6. Scope of assessments and general criteria for valuation.

Chapter III. Assessment in rural land situation:

Article 7. Assessment in rural land situation.

Article 8. Real income and potential income.

Article 9. Calculation of the income of the holding.

Article 10. Classes of rural holdings.

Article 11. General criteria for the capitalisation of the income of the holding

Article 12. Types of capitalization.

Article 13. Capitalization of real or potential income in agricultural and forestry holdings.

Article 14. Capitalization of actual or potential income on extractive holdings.

Article 15. Capitalisation of real or potential income in commercial, industrial and service farms on rural land.

Article 16. Capitalization of income in case of impossible exploitation.

Article 17. Location correction factor.

Article 18. Assessment of buildings, buildings and facilities that are likely to be detached from rural land.

Chapter IV. Assessment in situation of urbanised soil:

Article 19. Assessment in situation of urbanised soil.

Article 20. Determination of the use and buildability of non-built urbanised soil reference for valuation purposes.

Article 21. Average buildability of the homogeneous spatial scope.

Article 22. Assessment in situation of unedified urbanised soil.

Article 23. Assessment in situation of built-up land built or under construction.

Article 24. Joint assessment of soil and building by the method of comparison.

Article 25. Assessment in situation of urbanised soil subjected to operations of reformation or renovation of the urbanization.

Article 26. Assessment of the situation of urbanised soil subjected to allocation actions.

Article 27. Soil assessment on the basis of balance of benefits and charges.

Chapter V. Urbanization expenses and expenses:

Article 28. Compensation for the loss of the ability to participate in new urbanization activities.

Article 29. Compensation for the initiative and promotion of urbanization or construction actions.

Annex I. Corrective correction of the type of capitalization in agricultural and forestry holdings.

Annex II. Correction coefficient for seniority and conservation status.

Annex III. Maximum lifetime of buildings, buildings and installations.

Annex IV. Risk premiums.

CHAPTER I

General provisions

Article 1. Object.

This Regulation aims at the development of the assessments of the recast text of the Soil Law, approved by Royal Legislative Decree-2/2008 of 20 June.

Article 2. Basic situation of urbanized soil.

1. According to the provisions of article 12.3 of the recast text of the Law of Soil, it is found in the situation of land urbanized the integrated legally and effectively in the network of endowments and services of the population nuclei. This is understood to be the case when:

(a) the parcels, whether or not they are built, have the endowments and services required by the town planning legislation or they can have them without other works than the connection of the plots to the installations already in operation. In no case may these effects, the ring roads, or the inter-urban communication routes which do not, in accordance with the relevant management instrument, be considered to be urban road consideration.

(b) is included in an area for which the instrument of management provides for a performance of internal reform or urban renewal.

2. In establishing the envelopes and services referred to in the previous point, urban legislation may consider the peculiarities of traditional nuclei legally settled in rural areas.

Article 3. Assessment and monitoring of economic and environmental sustainability.

1. In accordance with the provisions of Article 15.4 of the recast text of the Soil Law, the documentation of the instruments for the management of urbanization actions should include a report or memory of economic sustainability, in which it is shall in particular weigh the impact of the action on public finances affected by the implementation and maintenance of the necessary infrastructure or the implementation and delivery of the resulting services, as well as the adequacy and Soil adequacy for productive uses.

Specifically and in relation to the economic impact for the local Hacienda, the maintenance costs will be quantified by the implementation and delivery of the public services needed to address urban growth. provided for in the management instrument, and the amount of municipal revenue derived from the main local taxes, depending on the planned construction and potential population, assessed on the basis of the scenarios Foreseeable socio-economic factors until the buildings are finished than the performance behaves.

2. In the report on the monitoring of the urban implementation activity referred to in Article 15 (5) of the Law of Soil, it shall include at least the performance of the forecasts of the economic and environmental sustainability reports and the possible the resulting deviations from the estimates made in them, as well as, where appropriate, the proposal for measures to promote the environmental and territorial balance or the economic adjustment for the Local Finance which could be derived analysis of the impact of the economic sustainability memory referred to in paragraph 1 previous.

CHAPTER II

General concepts and criteria for performing assessments

Article 4. Definitions.

For the purposes of the recast text of the Soil Law and in this Regulation, the following definitions shall apply:

1. Exploitation in rural land, the economic unit of production that develops the set of activities, uses and utilities in a plot or rural land that is taken as a reference framework for the purposes of calculating the real or potential income referred to in Articles 7 and following of this Regulation.

2. Construction, buildings and installations defined in paragraphs 3 and 4 of this article, except those of a small constructive entity and technical simplicity that do not have, in any way or permanent, residential or public character and are develop in a single plant, as are the tints and small-entity sheds.

3. Construction, new construction and extension works, modification, reform or rehabilitation that alter the architectural configuration of buildings, understanding for those that have a total or partial intervention character an essential variation of the general external composition, the volumetry, or the structural system as a whole, or to change the characteristic uses of the building. Also, the works that have the character of total intervention in catalogued buildings or that have some kind of protection of environmental or historical-artistic character, regulated through legal norm or urban document and those other partial-character elements affecting the elements or parts which are the object of protection. They shall be considered to be included in the building, its fixed installations and the equipment itself, as well as the elements of urbanisation which remain attached to the building.

4. Installation, the other permanently immobilized physical elements that do not have the consideration of buildings according to the previous section. Two types of installations must be distinguished in rural soil:

(a) The necessary for the economic activity developed, to be valued jointly with the same.

(b) Unnecessary for the economic activity developed, which shall be assessed independently of the economic activity.

Article 5. Buildings, buildings and installations adjusted to the law and in a situation of physical ruin.

1. It is understood that the buildings, buildings and installations are in accordance with the legality at the time of their assessment when they were carried out in accordance with the urban planning and the legitimate administrative act that required, or have been subsequently legalized in accordance with the provisions of the urban legislation.

2. Without prejudice to the provisions of the fifth transitional provision of the recast text of the Law of Soil, in the case of buildings, buildings and installations that are not in accordance with the law at the time of their assessment and for which they do not apply The following shall be carried out in the form of restoration of urban legality involving its demolition:

(a) On land in a rural situation, in no case shall they be subject to valuation, nor shall they be taken into account for the purposes of calculating the income of the holding.

(b) On land in an urbanised, built or in-going construction situation, the effects of the joint assessment referred to in Article 24 (2) (a) of the recast text of the Soil Law shall not be taken into account.

3. For the purposes of this Regulation, the building shall be deemed to be in a state of physical ruin when the age and conservation status requirements established by the applicable urban legislation are met.

4. In the event that the ruin or the illegal condition affects only a part of the building, the valuation will be considered only that part of the building that is not in a situation of physical ruin, or that it is adjusted to the legality.

Article 6. Scope of assessments and general criteria for valuation.

1. Land valuations, installations, buildings and buildings, and the rights constituted on or in relation to them the object of which is one of those established in Article 21.1 of the recast text of the Law of Soil are governed by provided for in that law, and by virtue of that law, in this Regulation.

2. The value of the land corresponds to its full domain, free of all charge, lien or limited right of the property. Where these exist, the value of the same shall be deducted from the value of the right of ownership. They shall be considered, including:

a) The limiting real rights of the full domain.

(b) The lease rights representing, by virtue of the specific legislation in the field, the impossibility of achieving normal market profitability. Rents not protected by the lessor legislation, and which consequently respond to the free functioning of the market, will not in any case be considered as charges that debring the value of the right of property.

3. The soil will be assessed in the form set out in the recast text of the Soil Law and in this Regulation, according to its situation and regardless of the cause of the assessment and the legal instrument to motivate it. For such purposes:

(a) Where the soil is in a basic rural situation, the provisions of Chapter III of this Regulation shall apply.

(b) Where the soil is in a basic urbanisation situation, the provisions of Chapter IV of this Regulation shall apply.

This criterion will also apply to soils for public infrastructure and services of general interest, whether they are intended for spatial planning and urban planning as well as for new creation, the assessment of which shall be determined in accordance with the basic situation of the grounds on which they are situated or by which they operate in accordance with the provisions of the recast text of the Soil Law and in this Regulation.

4. The buildings, buildings and installations, the crops and the plantations on rural soil, as well as the rest of the elements joined inseparably to the soil, will be assessed independently of the land, provided that they conform to the legality of the time of assessment, in accordance with the terms laid down in Article 5 of this Regulation, are compatible with the use or performance considered in the assessment of the soil and have not been taken into account in that assessment for its nature of improvements permanent, in accordance with the provisions of Article 18 of this Regulation.

5. Buildings, buildings and installations which comply with the terms laid down in Article 5 of this Regulation shall be assessed jointly with the ground in the manner laid down in Article 23 and in the form laid down in Article 5 of this Regulation. of this Regulation. The assessment of buildings or constructions shall take into account their age and their conservation status. If the situation is out of order, its value will be reduced in proportion to the elapsed time of its useful life.

6. In accordance with the provisions of Article 22.4 of the recast text of the Law of Soil, the assessment of administrative concessions and real rights on buildings, for the purposes of their constitution, modification or extinction, shall be shall make, in accordance with the provisions on expropriation, which specifically determine the justipricing of the same and subsidiary, in accordance with the rules of administrative, civil or tax law which are applicable.

When expropriating a property taxed with charges, the Administration that performs it may choose between fixing the justicpricing of each of the rights that are present with the domain, to distribute it among the owners of each of them, or to assess the property as a whole and to record its amount held by the court, so that it establishes and distributes, in the event of the incidents, the proportion corresponding to the respective persons concerned.

7. The calculation of the lessor allowances, where they come under the compulsory expropriation legislation, shall be made in accordance with the following state legislation:

(a) In ruse and aparceries leases, as provided for by the laws of Compulsory Expropriation and Rustic Leases, except in the case of historical rustic leases, in which the calculation of the compensation is shall carry out its own legislation.

(b) In urban leases, under the legislation of urban leases, taking into account, in any case, the following criteria: difficulty in replacing the lease under similar conditions and in particular the as a result of the difference in income, the amount of the transfer costs by licences, ports, new contracts, etc. and the value of the improvements made to the building when its perception corresponds to the lessee.

8. The assessment of the other compensation claims not covered by this Regulation shall be fixed in accordance with Article 28 of the recast text of the Soil Law.

CHAPTER III

Rural soil situation assessment

Article 7. Assessment in rural land situation.

1. Where the land is in a rural situation, the land shall be valued by the capitalisation of the actual or potential annual income of the holding calculated in accordance with Article 9 of this Regulation, according to its status in the the time to which the valuation is to be understood and whichever is higher.

Capitalization of income, real or potential, shall be performed in accordance with the provisions of Article 11 et seq. of this Regulation and according to the nature of the holding.

2. Where there is no exploitation in the rural soil and there is no such possibility, due to the natural characteristics of the soil at the time of the assessment and therefore no real or potential income can be determined, it will be provided for in Article 16 of this Regulation.

3. The value of the soil obtained in accordance with the provisions of the above two paragraphs may be corrected upwards by applying the correction factor by location to the capitalization value, in the terms set out in the 17 of this Regulation.

4. Buildings, buildings and installations on rural soil, when they are to be assessed independently, shall be assessed in accordance with Article 18 of this Regulation. In order to assess the pre-existing plantations and plantations referred to in Article 45 of the Compulsory Expropriation Act, the provisions of Article 26 of the Regulation for the application of Law 87/1978 of 28 December on insurance combined agricultural products, approved by Royal Decree 2329/1979 of 14 September 1979 and Order PRE/632/2003 of 14 March, approving the general rule for the assessment of damage to agricultural production.

5. In none of the cases provided for in this article, expectations arising from the allocation of buildability and uses for spatial or urban planning that have not yet been effectively implemented may be considered.

Article 8. Real income and potential income.

1. 'Real income' means a real income which corresponds to the exploitation of the rural land in accordance with its state and activity at the time of the assessment, either the existing one, duly accredited, or the one attributable to the crops and effectively implemented on the basis of statistically significant data.

2. 'Potential income' means a potential income which may be attributable to the exploitation of the rural land in accordance with the most likely uses and activities to which the land is susceptible, in accordance with the laws and regulations of the application, using the normal technical means for production. For the identification of such uses and activities, the existence and viability of such uses and activities shall be considered as statistically significant in their territorial scope or, failing that, justified on the basis of an economic study. (a) the viability of the holding and accredit the obtaining of the enabling securities necessary for its implementation in accordance with the applicable legislation.

Article 9. Calculation of the income of the holding.

1. The actual or potential annual income of the holding, which may be related to the calendar year or to the agricultural or marketing year, shall be determined on the basis of the technical, economic and accounting information of the current or potential exploitation on rural soil. For this purpose, information on the income of the holding may be considered to have been credited by the owner or the owner of the holding and, failing that, information from studies and publications shall be considered to be preferential. carried out by the competent public administrations in the field of yields, prices and costs, as well as of the other technical-economic variables in the area.

In this case, the actual annual income or operating potential shall be determined according to the following formula:

R = I-C

Where:

R = Actual annual income or operating potential, in euro per hectare.

I = Annual income of the holding, in euro per hectare.

C = Annual operating costs, in euro per hectare.

When the income has not been determined in accordance with the above formula, and provided that there is statistically significant information on the lease fees or other forms of compensation for the use in the area the actual or potential income may be calculated from that fee or compensation corresponding to the owner. The actual or potential income of the holding shall be determined according to the following formula:

R= CA + DM

Where:

R = Actual annual income or operating potential, in euro per hectare.

CA = Canon lease or annual compensation satisfied to the owner for land use, in euros per hectare.

DM = Annual value of the rights and improvements attributable to the tenant or user of the rural land (aparzero, enfiteuta or similar), in euros per hectare.

2. Where, as a result of the technical or economic quantities used in the calculation, the actual or potential income differs substantially from the average profitability values of holdings of the same nature, this circumstance shall Documented justification.

3. For the purposes of calculating the actual or potential income of paragraph 1 of this Article, the following shall be considered as

:

(a) For the sale of products, by-products or other resources or materials of the holding.

(b) The derivatives of the provision of the services of the holding, including those of an environmental nature.

c) Those obtained with the rental of the premises of the holding.

(d) Grants which, on a stable basis, are awarded to crops and harvested crops.

4. For the same purposes, the following costs shall be considered as costs:

(a) purchases from third parties of raw materials for the productive activity of the holding.

(b) Payments for services provided by third parties necessary for the development of the productive activity of the holding.

c) The total cost of the acquisition of the equipment, machinery and facilities of the holding, including the value of the write-downs based on their useful life, use and obsolescence, or the cost of their rental.

(d) salaries and salaries of staff, including extraordinary pay, labour and tax burdens for the company, as well as compensation or compensation for the costs incurred by the employee result of the work activity.

e) The cost of electricity, water supply, connection to the communication network and any other public utility services provided to the holding.

(f) Taxes of a different nature and scope fixed on the holding as a whole or on any of its elements.

g) Interest in working capital.

h) Other costs incurred during the process of operating the holding not liable to be covered by the above paragraphs.

Article 10. Classes of rural holdings.

The following classes shall be considered to be holdings on rural soil for the purposes of this Regulation:

1. Agricultural and forestry holdings, the activity of which includes the use of rural land either for the cultivation of crops, both in the dry and irrigated areas, or for the use of livestock or the cultivation of grassland and grassland or of cotes extensive, either for the extraction of forest mass from natural and implanted forests, for the purpose of obtaining timber, cork, cellulose or dendroenergy, or for the generation of income from the sustainable use of forests and the perception of income for environmental contributions to society.

2. Extractive holdings, the activity of which includes the extraction of soil and subsoil from minerals, water, materials for construction, gas, oil and other limited geological and mining resources.

3. Commercial, industrial, service and other holdings, the activity of which requires development facilities which, not covered by paragraphs 1 and 2 of this Article, are intended, inter alia, to one of the following: purposes:

a) Intensify agricultural, forestry or mining production, among which farms, greenhouses, fish farms, nurseries, and other similar activities would be found.

b) Add value to agricultural, forestry or mining production, such as mineral enrichment facilities, freight logistics centers, slaughterhouses, sawmills, fruit plants, plants agroenergy and dendroenergetics, and other similar activities.

c) Generate real-time energy, such as solar and wind park facilities, and other similar ones.

d) Establish infrastructure for teaching, research and leisure, related to rural areas, for example, workshop schools, research centres, golf courses, ski resorts, campsites, rural tourism, cotos intensive, shooting range, racecourses, canodroms and other analogues.

Article 11. General criteria for capitalization of the income of the holding.

In the capitalization of the real or potential income of the farm in rural land, an unlimited scenario should be considered that will provide for the permanence of the rural soil. Taking into account the different types of holdings, the cyclical nature of the holdings and the nature of certain resources which may be established, an unlimited duration shall be divided into a specified number of durations. limited as provided for in Articles 13, 14 and 15 of this Regulation. The capitalisation of the actual or potential income of the holding shall be performed according to the following criteria:

(a) The following expression shall be used for the capitalization of the income of the holding:

Imagen: img/disp/2011/270/17629_001.png

Where:

V = Capitalization value, in euros.

R1, R2, ... Rn = Annual income of the holding from the first year to the end of the unlimited lifetime of useful life, in euros.

r = Capitalization type.

i = Sum Index

n = Number of years, being n→∞.

(b) Where an income from the holding, R, constant over time is considered, the expression in the preceding paragraph shall be transformed into:

Imagen: img/disp/2011/270/17629_002.png

Where:

V = Capitalization value, in euros.

R = Constant annual income of the holding, in euro.

r = Capitalization type.

Article 12. Types of capitalization.

1. The types of capitalisation to be applied in the valuation on rural land, in accordance with the uses and uses of the holding, shall be as follows:

a) As an applicable capitalization type with a general character, r1, the set in paragraph 1 of the Additional Disposition seventh of the recast text of the Soil Law shall be used.

(b) When agricultural or forestry activities are carried out on the rural soil, it shall be used as a capitalization type, r2, the result of multiplying the general capitalization rate r1 by the coefficient correction set out in the table in Annex I to this Regulation according to the type of crop or use.

c) When in rural soil extractive, commercial, industrial and service activities are developed, it will be used as a capitalization type, r3, the result of multiplying the capitalization type r1 by a correction coefficient to be determined according to the nature and characteristics of each holding in accordance with the foreseeable risk in obtaining income. The determination of this correction coefficient shall be carried out on the basis of objective information provided by statistical studies on the expected profitability of each activity in the respective territorial area. The value of this correction coefficient may not be lower than the unit and the result of its application on the general capitalization rate r1, expressed as a percentage, shall not exceed eight.

2. Where, pursuant to the provisions of the preceding paragraph, different types of capitalisation are to be used as a result of development in rural land, two or more activities falling within the meaning of Article 10 of this Regulation. Regulation, it will proceed as follows:

(a) Where both the revenue and the costs relating to each activity are liable to be separated, it shall be applied as a capitalisation rate for each activity in accordance with the provisions of paragraph 1. before each of the income attributable to such activities, the resulting values must be added.

(b) Where the revenue or the costs for each activity are not likely to be separated, it shall apply to the income of all the activities carried out on the rural land, a type of capitalisation weighted in the reason for the costs or revenue attributable to each activity or, failing that, a weighted capitalization rate based on the participation of the various activities in obtaining the income.

Article 13. Capitalization of real or potential income in agricultural and forestry holdings.

The capitalization of real or potential income in agricultural and agricultural holdings will be carried out, according to their own production structures, through the application of the following expressions:

(a) In the case of a constant income over its unlimited useful life, the value of capitalisation, V, shall be the result of dividing the constant income, R, calculated in accordance with Article 9, between the type of capitalization, r2.

(b) In the case of time-variable income, the capitalization value, V, shall be:

Imagen: img/disp/2011/270/17629_003.png

Where:

V = Capitalization value, in euros per hectare.

R1, R2, ... Rn = Variable income from the first year to the end of the lifetime's unlimited lifetime, in euros per hectare.

r2 = Capitalization type as set out in Article 12.

n = Number of years, being n→∞.

c) When variable rents evolve over time in periodic cycles, of duration k, and the valuation is performed at the beginning of the cycle, the capitalization value, V, shall be:

Imagen: img/disp/2011/270/17629_004.png

d) When the income is variable in the first years, h, and remain constant in the rest of its unlimited useful life, the value of capitalization, V, will be:

Imagen: img/disp/2011/270/17629_005.png

e) When the income is variable in the first years, l, and evolve according to periodic productive cycles of duration, k, the value of capitalization, V, will be:

Imagen: img/disp/2011/270/17629_006.png

f) When the income comes from a mixed forest production of wood production, generating a constant annual income and a future income located in periods of time equal to the shift, the value of capitalization collect both rents, as set out in points (a) and (c) of this Article.

g) Income from the remuneration of environmental assets shall be considered as a component of the real, constant and unlimited lifetime income.

Article 14. Capitalization of actual or potential income on extractive holdings.

Extractive holdings will be valued according to the following criteria:

a) When the reserves of the removable resource and an annual extraction rate are known, q1, the capitalization value of the operating income shall be calculated by means of the expression:

Imagen: img/disp/2011/270/17629_007.png

Being:

V = Capitalization value, in euros.

Ri = Annual extraction canon, in euros.

R = Annual income of rural land with spent resource considered constant, in euro.

r3 and r2 = Capitalization types according to Article 12.

h = The resource lifetime of the resource, which results from dividing the resource depletion fund, Q, between the annual extraction, q1. That is:

Imagen: img/disp/2011/270/17629_008.png

When the reserves of the removable resource are not known, the capitalization value, V, will be the result of dividing the constant extraction fee, R, between the capitalization type, r3, in rural soil.

Article 15. Capitalisation of real or potential income on commercial, industrial and service farms on rural land.

The commercial, industrial and service farms located in rural land will be valued by capitalizing the operating income to the type of capitalization in rural soil corrected, according to the risk of each activity. The calculation will be done as follows:

(a) For cases where the operating income or cash flows are variable, the value of the income from the holding shall be:

Imagen: img/disp/2011/270/17629_009.png

Where:

V = Capitalization value, in euros.

Ri = Annual income of the holding, in euros.

r3 = Capitalization type in accordance with Article 12.

n = Number of years, being n→∞.

(b) For cases where the income of the holding occurs in a limited period of time, t, and the activity of the holding is not replaceable, the value of the income of the holding shall be:

Imagen: img/disp/2011/270/17629_010.png

Where:

V = Capitalization value, in euros.

Ri = Annual income of the holding for the first years, t, in euro.

r3 and r2 = Capitalization types according to Article 12.

Vr = Value of the premises of the holding in the year t, as set out in Article 22, in euro.

R = Annual income of future exploitation, in euro.

Article 16. Capitalization of income in case of impossible exploitation.

When there was no exploitation in the rural soil and no such possibility could exist, due to the natural characteristics of the soil at the time of the assessment, the value of the good will be determined by capitalizing on a theoretical income, R0, equivalent to the third part of the minimum real income of the land established from the various statistics and studies published by public bodies and institutions according to the territorial scope in the which is found, according to the following expression:

Imagen: img/disp/2011/270/17629_011.png

Where:

V = Rural soil value in case of impossible exploitation, in euro.

R0 = Annual theoretical income of rural land in the absence of exploitation, in euro.

r1 = Capitalization type in accordance with Article 12 of this Regulation.

Article 17. Location correction factor.

1. The final soil assessment shall take into account the actual spatial location of the building and, where appropriate, apply a global correction factor to the capitalization value, according to the following formula:

Vf = V. FI

Where:

Vf = End value of the floor, in euros.

V= Value of capitalization of the income of the holding, in euros.

Fl = Global localization factor.

2. The overall location factor shall be obtained from the product of the three correction factors mentioned below and shall not exceed two.

a) By accessibility to population cores, or1.

b) By accessibility to economic activity centers, or2.

c) By location in environments of singular environmental or landscape value, or3.

In any case, for the purposes of calculating the global localization factor, when any of the three correction factors do not result from application it will take the unit value.

3. The correction factor or1, will be calculated by applying the following expression.

Imagen: img/disp/2011/270/17629_012.png

Where:

P1= The number of inhabitants of the population cores located less than 4 km from the measured distance of the bird, understood as the straight line distance measured over the projection in a horizontal plane.

P2= The number of inhabitants of the population cores located more than 4 km and less than 40 km away measured by bird flight or 50 minutes of journey using the usual means of transport and under conditions normal.

4. When the rural land to value this next to communications and transport centers, by the location close to sea ports, airports, railway stations, and areas of intermodality, as well as near to large urbanized complexes of tertiary, productive or commercial use related to the activity that develops the holding considered in the valuation, the correction factor, or2, shall be calculated according to the following expression:

u2 = 1.6-0.01. d

Where:

d = The distance from the real estate to be measured using the existing transport routes and considering the most favourable route. This distance, in no case, shall be greater than 60 km.

5. Where the rural land to be assessed is located in a unique environment or landscape setting, the corrective factor u3, which shall be calculated according to the following expression, shall apply:

u3 = 1.1 + 0.1. (p + t)

Where:

p = weighting coefficient according to environmental or landscape quality.

t = weighting coefficient according to the system of uses and activities.

For the purposes of the application of the correctfactor u3, areas which for their environmental, cultural, historical, archaeological, scientific and environmental values will be regarded as a singular environmental or landscape value. landscape, be protected by applicable law and, in any case, the spaces included in the Natura 2000 network.

The weighting coefficient, p, must be determined on the basis of objective criteria in accordance with the values recognised in the areas covered by the valuation in the urban and territorial planning instruments or, in their case, in the networks of protected spaces. It will be comprised between values of 0 and 2, and will cater to the values and qualities of the environment, the greater the greater the environmental and landscape quality or its cultural, historical, archaeological and scientific values.

The weighting coefficient, t, will be applied only when it is established that, according to the instruments of spatial and urban planning, a regime of uses and activities other than the agricultural and livestock is permitted in the land. or foresters that increase the value. It will be comprised between values of 0 and 7, and will cater to the influence of the concrete regime of uses and activities in the increase of the value of the soil without consideration of the urban expectations, being greater the greater the influence.

Article 18. Assessment of buildings, buildings and facilities that are likely to be detached from rural land.

1. The assessment of buildings, buildings and installations which are compatible with the use or performance considered in the assessment of the soil and have not been taken into account in this assessment because of their permanent improvements In the case of those who have not participated in any way in obtaining the income considered in the valuation or are liable to generate income from exploitation, the following expression shall be applied:

V = VR -(VR- VF). β

Being:

V = Building, construction, or installation value in euros.

VR = Gross replenishment value, in euros.

VF = The value of the building, construction, or installation at the end of its lifetime in euros.

β = Corrective coefficient by age and conservation status.

2. The gross replacement value shall be the result of adding to the market value of the items that make up the material execution costs of the work on the date to which the valuation, general expenses and profit is to be understood. the manufacturer, the amount of taxes levied on the construction, the professional fees for projects and the management of the works and other expenses necessary to construct a building, construction or installation of similar features using current technology and building materials.

3. The value of the building, construction or installation at the end of the useful life shall be determined in accordance with the characteristics of the building, and shall not exceed 10% of the gross replacement value.

4. The correction coefficient β, by age and conservation status, shall be as shown in the table in Annex II, the mathematical basis of which is the following:

Imagen: img/disp/2011/270/17629_013.png

Being:

a = Antiquity.

C = Corrective Coefficient according to conservation status.

How old will take the elapsed percentage of the life of the building, construction, or installation. To this end, the entire years from the date of their construction, reconstruction or integral rehabilitation shall be considered, until the date to which the assessment is to be understood and the useful life shall be established on the basis of the building, construction or installation characteristics without being able to exceed the values set out in the table in Annex III.

For the purposes of determining the date of construction, reconstruction, or integral rehabilitation, when building, construction or installation, construction or rehabilitation works would have been carried out after the construction or rehabilitation. date of construction or implantation, the date of the calculation age shall be determined in accordance with the following expression:

Fa = Fc + (Fr-Fc). i

Being:

Fa = date of age for calculation purposes.

Fc = build or deployment date.

Fr = date of reform or rehabilitation

i = Coefficient that contemplates the type of reform.

The Coefficient i will take a value between 0 and 1, according to the degree of reform or partial rehabilitation, depending on the cost of the works in relation to the total of a comprehensive rehabilitation.

CHAPTER IV

Urbanized Soil Situation Assessment

Article 19. Assessment in situation of urbanised soil.

1. In the case of an urban land situation assessment which is not constructed, or where the existing or ongoing construction is illegal or is in a state of physical ruin in accordance with Article 5, it shall be Article 22, both of this Regulation.

2. For the assessment of built-up or built-up land on buildings, the provisions of Articles 23 and 24 of this Regulation shall apply.

3. For the assessment of the situation of urbanised soil subject to operations for the reform or renewal of urbanization, the provisions of Article 25 of this Regulation shall apply.

4. For the assessment of the situation of urbanised soil submitted to the allocation actions, the provisions of Article 26 of this Regulation shall apply.

5. For the assessment of the soil in the development of urban transformation actions submitted to the system of balance of benefits and charges in which the requirements laid down in Article 21 (1) (a) are met. Recast of the Soil Law will be in accordance with Article 27 of this Regulation.

Article 20. Determination of the use and buildability of non-built urbanised soil reference for valuation purposes.

1. The use and buildability of reference shall be considered to be attributed to the plot by the urban planning, including in the case of housing subject to any protection regime that allows the price to be priced for sale or rent.

2. In the case of urbanised soil subjected to actions for the renovation or renovation of the urbanisation, the weighted average buildability of the spatial area in which they are integrated shall be taken.

3. If the land is not assigned buildability or private use by urban planning, the average buildability, as defined in the following article, shall be attributed to them and the majority use in the homogeneous space field in which for uses and typologies the urban planning has included them. For this purpose, the area of urbanised land which, in accordance with the relevant urban planning instrument, has specific legal and urban parameters to enable it to be used, is understood as a homogeneous spatial area. Identify it in a differentiated way by means of building uses and typologies with respect to other areas of urbanized soil, and that it allows the application of a regulation of its own for its development.

Article 21. Average buildability of the homogeneous spatial scope.

For the purposes of the third paragraph of the previous article, the following expression shall apply to determine the average buildability of the homogeneous spatial scope:

Imagen: img/disp/2011/270/17629_014.png

Being:

EM = Average Edifability of the homogeneous spatial scope, in buildable square meters per square meter of soil.

Ei = Edifability assigned to each parcel i, integrated in the homogeneous spatial scope, in square meters buildable per square meter of soil.

Si = Ground surface of each plot i, in square meters.

VRSi = The impact value of the floor corresponding to the use allocated to each parcel i, in euros per square meter of building.

VRSr = Soil impact value corresponding to the reference usage adopted by the urban legislation for comparison with the rest of uses, in euros per square meter of building.

SA = Soil surface of the homogeneous spatial scope, in square meters.

SD = Surface of public endotational soil existing in the homogeneous spatial scope already affected to its destination, in square meters.

Article 22. Assessment in situation of unedified urbanised soil.

1. The value in situation of unbuilt urbanized land, or if the existing or ongoing building is illegal or in a situation of physical ruin, will be obtained by applying to the reference building determined as provided in the article above, the impact value of the soil according to the corresponding use, according to the following expression:

Imagen: img/disp/2011/270/17629_015.png

Being:

VS = Unbuilt urbanized soil value, in euros per square meter of soil.

Ei = Edifability for each of the uses considered, in square meters buildable per square meter of soil.

VRSi = Soil impact value of each of the considered uses, in euros per buildable square meter.

2. The soil impact values for each of the uses referred to in the previous paragraph shall be determined by the static residual method according to the following expression:

Imagen: img/disp/2011/270/17629_016.png

Being:

VRS = Value of floor impact in euros per buildable square meter of the considered use.

Vv = Value for sale of the square meter of construction of the considered use of the finished real estate product, calculated on the basis of a statistically significant market study, in euros per buildable square meter.

K = Coefficient that will put all general expenses, including financing, management and promotion, as well as the normal business benefit of the real estate promotion activity necessary for materialization of the buildability.

This coefficient K, which will have a general value of 1.40, may be reduced or increased according to the following criteria:

(a) It may be reduced to a minimum of 1,20 in the case of land in urbanized land intended for the construction of single-family dwellings in municipalities with limited real estate dynamics, housing under a scheme of protection which sets maximum sales values which substantially deviate from the average values of the residential market, industrial buildings or other buildings linked to economic holdings, on the basis of objective factors justifying the reduction of the component of general expenses such as quality and typology building, as well as a smaller dynamic of the real estate market in the area.

(b) Up to a maximum of 1.50 may be increased in the case of land in urbanized areas intended for promotions, which, due to objective factors such as the extraordinary location, the strong real estate, the high quality of the building typology, the expected time of marketing, the foreseeable risk, or other characteristics of the promotion, justify the application of a larger component of overheads.

Vc = Value of the construction in euros per square meter buildable of the considered use. It will be the result of adding the costs of material execution of the work, the general expenses and the industrial benefit of the builder, the amount of the taxes on the construction, the professional fees for the projects and the management of the works and other expenses necessary for the construction of the building.

All securities shall be referred to the date corresponding to the subject of the valuation in the terms set out in Article 21 (2) of the recast of the Soil Law.

3. In the case of parcels which are not completely urbanised or which have to be carried out in order to be able to carry out the necessary buildability, they shall be deducted from the value of the soil determined according to the paragraph 1 above all outstanding costs and expenses, as well as the business benefit derived from the promotion, in accordance with the following expression:

VSo = VS-G. (1 + TLR + PR)

Being:

VSo = Ground value discounted duties and loads, in euros.

VS = Unbuilt urbanized soil value, in euros.

G = Urbanization costs pending materialization and other pending duties and charges, in euros.

TLR = Risk-free rate by one.

PR = Risk premium for one.

The risk-free rate, for the purposes of determining the benefit of the promotion in this Regulation, will be the latest benchmark published by the Banco de España on the domestic performance of the secondary market in public debt. between two and six years. As regards the risk premium, for the purposes of determining the benefit of the promotion in this Regulation, it shall be fixed on the basis of the corresponding uses and typologies attributed by urban planning, taking as a reference the percentages laid down in the table in Annex IV to this Regulation on the basis of the type of immovable property which may not exceed the percentage to be determined for the correction coefficient K laid down in paragraph 2 above, including the own risk premium as a sum of all general expenses.

4. The application of the residual method laid down in the preceding paragraphs shall not consider other economic parameters than those which may be deducted from the situation at the time of assessment. In no case shall the expectations of capital gains or changes of value that may occur in the future be considered.

Article 23. Assessment in situation of built-up land built or under construction.

In the case of built-up or in-flight building, the value of the valuation shall be the higher of the following:

(a) The determined by the joint assessment of the ground and the existing building which complies with the legality as laid down in Article 5 of this Regulation, by the method of comparison, applied exclusively to the uses of the existing building or the construction already carried out, in accordance with Article 24 of this Regulation.

b) The determined by the residual method, as regulated in Article 22 of this Regulation, applied exclusively to the soil, without regard to the existing building or the construction already carried out.

Article 24. Joint assessment of soil and building by the method of comparison.

1. Where there is a statistically significant set of real transactions or offers, the number of which is equal to or greater than six comparable samples, the determination of the value of the property by joint valuation, as set out in point (a) of the Previous Article shall be carried out by the market comparison method as set out below:

The selection of comparables, which will aim to identify witnesses that allow the determination of the value, will be carried out with a sufficient degree of certainty to establish the replacement value in the market. of the immovable property. To this end, the following conditions of similarity or basic equivalence shall be taken into account in the selection of comparable:

a) Localization.

b) Usage.

c) Geometric configuration of the plot.

d) Typologia and basic urban parameters.

e) Surface.

f) Antiquity and conservation status.

g) Building quality.

h) Gravies or loads that condition the value attributable to the property right.

i) The data take date of the comparable.

Where substantial differences between the offer prices and the actual market values are assessed in the set of selected comparables, a correction coefficient of between 0,7 and 1 may be applied, that this circumstance is duly justified in the assessment.

In cases where the location cannot be applied between the conditions of similarity or basic equivalence, the specific use and destination of the building may be used in the assessment to obtain a sample. statistically significant, comparable on the basis of other express and duly justified reasons for identity criteria.

2. In cases where there are not enough comparable cases which satisfy all the basic similarity or similar conditions laid down in the preceding paragraph, the use of price homogenisation techniques may be used. consider, in addition to the attributes relating to the location and other basic similarity or equivalence conditions mentioned, other circumstances which, in a duly justified manner, may result in significant differences in value.

To achieve homogenisation by age and conservation status, the correction coefficients set out in the table in Annex II to this Regulation applied in proportion to the corresponding weight of the value of the construction in respect of the value for sale of the real estate product concerned, in accordance with the following expression:

Imagen: img/disp/2011/270/17629_017.png

Being:

Vv ' = Value for sale of the homogenized building by age and conservation status, in euros per square meter.

Vv = Value for sale of the real estate, in euros per square meter.

F = The ratio factor of the estimated value of the constructs, with respect to the total value of the property characteristic of the zone, expressed by one.

β = Corrective coefficient for seniority and conservation status of the property to be assessed.

βi = The age-correction and conservation status of the sample.

For the purposes of the determination of the coefficient β, the criteria laid down in Article 18 (4) of this Regulation shall be followed.

3. Both the selection of comparable and the homogenisation of prices and their consideration in the estimation of the market value should be justified on the basis of objective and rational criteria. For such purposes, priority shall be given to assessments determined in statistical processes with regard to estimates based on the experience of appraisers.

Technical assessment reports should include the documentation concerning the selection of the comparables, as well as the homogenisation criteria used for their correction. Such information shall be sufficiently precise in order to be able to justify, independently, the estimated market values determined in the appraisals which, if any, would have been carried out by the parties.

4. The final value of the property shall be determined on the basis of the securities for sale, corrected or homogenised, if applicable, in accordance with the provisions of this Article.

Article 25. Assessment in situation of urbanised soil subjected to operations of reformation or renovation of the urbanization.

The value of the urbanized soil subjected to the operations of renovation or renovation of the urbanization, will be determined according to the provisions of Article 22 of this Regulation if the soil is not built or if the existing or ongoing construction is illegal or is in a state of physical ruin, and in accordance with Article 23 of this Regulation if the ground is built or in the building. In this respect, the residual method referred to in the abovementioned Articles shall only consider the uses and buildability attributed by the management in its situation of origin, as defined in Article 20 (2) of this Regulation. Regulation.

The increases in the value of the urbanized land that, if any, are the result of the actions of reform or renovation of the urbanization, resulting from the urban planning, will not be part of the economic content of the right property, because it has not been patrimonized and is conditioned to implement it in the exercise of the urban planning action.

In the event that the actions of reform or renovation of urbanization resulting from urban planning generate value decreases in relation to the situation of origin, these decreases will only be the object of compensation if the alteration of the urban planning that originates them, occurs in the terms of article 35 (a) of the recast text of the Law of Soil.

Article 26. Assessment of the situation of urbanised soil subjected to allocation actions.

The value of the land plots of urbanised soil subjected to endowment actions shall be determined by the application of the soil impact values corresponding to the uses and buildability laid down in the Article 20.

Article 27. Soil assessment on the basis of balance of benefits and charges.

1. In the execution of actions of urban transformation in which the owners exercise the power to participate in a system of equitable distribution of benefits and burdens, and except existence of specific agreement subscribed by the totality of the same in order to weigh the properties concerned with each other or, where appropriate, with the contributions of the promoter of the performance or the Acting Administration, the land shall be assessed for the value which the execution would have given them, in the terms set out in Article 22 of this Regulation.

2. In the event that an owner is unable to exercise the right to participate because of the inadequacy of the rights provided to receive an buildable parcel resulting from the performance, his/her ground will be assessed by the value established in the Previous paragraph, discounted the unrealised and increased urbanization costs in the risk-free rate and the risk premium corresponding to those expenses, in accordance with Article 22 (3) of this Regulation.

CHAPTER V

Urbanization expenses and expenses

Article 28. Compensation for the ability to participate in new urbanization activities.

1. The allowance for the ability to participate in urbanization actions that comes in accordance with the provisions of Article 25.1 of the recast text of the Soil Law shall be determined by applying the percentage that the legislation on territorial and urban planning determines for the participation of the community in the urban capital gains according to the type of action concerned, as follows:

(a) Where the exercise of the right is prevented, the difference between the value of the land determined by the procedure laid down for the valuation on rural land and the one that corresponds to it once urbanized and free of loads.

(b) When the conditions of exercise of the faculty are altered by modification of the uses of the soil or the reduction of the buildability, exclusively, on the merma that would correspond to the soil, once urbanized and free of loads.

2. In the case of compulsory expropriation, sale and replacement, there shall be no compensation in accordance with the provisions of the preceding paragraph, where the exercise of the power referred to in point (a) is not prevented, occurs in the case of the voluntary resignation of the owner to participate in the urbanization process, adopted with the formalities required by the applicable urban legislation, or when the initiative of the urbanization action has the party of whoever is not the owner of the land.

Article 29. Compensation for the initiative and promotion of urbanization or construction actions.

1. The compensation for the initiative and promotion of the actions of urbanization and construction that proceed in accordance with the provisions of Article 26.1 of the recast text of the Law of Soil, will be determined by the sum of the following costs:

(a) The costs of the technical planning and implementation projects which, if necessary, would have been developed.

(b) The costs relating to the establishment of the financial, management and promotion operation.

(c) The costs relating to the preparatory works which, where appropriate, would have been undertaken before the start of the proceedings.

d) Compensation paid.

e) Tributes related to such performances.

All these costs will be considered as long as they are necessary to legitimize the development of the performance, are expressly justified and quantified in an objective manner, increased all in the risk-free rate and the corresponding risk premium, as laid down in Article 22 (3) of this Regulation. In any event, the sum of all these costs shall not exceed the result of multiplying the K coefficient by the value of the construction, Vc, as defined in Article 22 (2) of this Regulation.

2. The compensation for the initiative and promotion of the actions of urbanization and construction that proceed in accordance with the provisions of Article 26.2 of the recast text of the Law of Soil shall be determined by the greatest of the resulting values. following:

(a) The value of the allowance for the ability to participate in new urbanization actions as set out in Article 28 of this Regulation.

(b) The value of the compensation provided for in paragraph 1.

c) The value of the performance calculated in proportion to its degree of execution.

3. The value of the performance calculated in proportion to the degree of performance referred to in paragraph 2 (c) of this Article shall be determined in accordance with the following rules:

(a) The degree of performance of the performance shall be weighted with a coefficient between 0 and 1, depending on the proportion of the construction costs per contract of the work executed, according to certification issued by the management optional, in relation to the total forecast of the same.

(b) Where the provision, act or event which motivates the valuation prevents the completion of the performance, the above coefficient shall be multiplied by the difference between the value of the ground in its origin situation and the value of the which would correspond to him if the performance was completed.

The situation of origin corresponds to that of the rural soil for the case of actions of new urbanization or with that determined in Article 25 of this Regulation for the alleged actions of reform, urban renewal or building on urbanised soil.

(c) Where the provision, act or event which motivates the assessment only alters the conditions for the performance of the performance without preventing its termination, the coefficient determined in (a) above shall be multiplied by the caused by the value of the ground with reference to the value of the floor if the floor was completed.

ANNEX I

Weightings of the type of capitalization in agricultural and forestry holdings

or Use Type

Corrective Coefficient

Secano Labor and Extensive Cynetic Holdings

irrigated Lands

air time

irrigated protected crops

Fruals citrus

-citrus fruits

0.59

0.75

0,43

Dry natural Prada

irrigation

Grassland

Other agricultural holdings

0,58

0,58

ANNEX II

Correction Coefficient by Age and Conservation Status

%

50%

status

normal

regular

poor

regular

status of

preservation

normal

regular

deficient

ruinous

deficient

 

age

0%

0.0000

0.1500

0.5000

1.0000

51%

0.3851

0.4773

0.6925

1.0000

1%

0.0051

0.1543

0.5025

1.0000

52%

0.3952

0.4859

0.6976

1.0000

2%

0.0102

0.1587

0.5051

1.0000

53%

0.4055

0.4946

0.7027

1.0000

3%

0.0155

0.1631

0.5077

1.0000

54%

0.4158

0.5034

0.7079

1.0000

4%

0.0208

0.1677

0.5104

1.0000

55%

0.4263

0.7131

1.0000

5%

0.0263

0.1723

1.0000

56%

0.4368

0.5213

0.7184

1.0000

6%

0.0318

0.1770

0.5159

1.0000

57%

0.4475

0.5303

0.7237

1.0000

7%

7%

0.1818

0.5187

1.0000

58%

0.4582

0.5395

0.7291

1.0000

8%

0.0432

0.1867

0.5216

1.0000

59%

0.4691

0.5487

0.7345

1.0000

9%

0,0491

0.1917

1.0000

60%

0.4800

0.5580

0.7400

1.0000

10%

0.0550

0.1968

0.5275

1.0000

61%

0.4911

0.5674

0.7455

1.0000

11%

0.0611

0.2019

0.5305

1.0000

62%

0.5022

0.5769

0.7511

1.0000

12%

0.0672

0.2071

0.5336

1.0000

63%

0.5135

0.5864

0.7567

1.0000

13%

0.0735

0.2124

0.5367

1.0000

64%

0,5248

0.5961

0.7624

1.0000

14%

0.0798

0.2178

0.5399

1.0000

65%

0,5363

0.6058

0.7681

1.0000

15%

0.0863

0.2233

0.5431

1.0000

66%

0.5478

0.6156

0.7739

1.0000

16%

0.0928

0.2289

0.5464

1.0000

67%

0.5595

0.6255

0.7797

1.0000

17%

17% Centro_table_body"> 0.0995

0.2345

0.5497

1.0000

68%

0.5712

0.6355

0.7856

1.0000

18%

0.1062

0.2403

0.5531

1.0000

69%

0.5831

0.6456

0.7915

1.0000

19%

0.1131

0.2461

0.5565

1.0000

70%

0.5950

0.6558

0.7975

1.0000

20%

0.1200

0.2520

0,5600

1.0000

71%

0.6071

0.6660

0.8035

1.0000

21%

0.1271

0.2580

0.5635

1.0000

72%

0.6192

0.6763

0.8096

1.0000

22%

0.1342

0.2641

0.5671

1.0000

73%

0.6315

0.6867

0.8157

1.0000

23%

0.1415

0.2702

0.5707

1.0000

74%

0.6438

0.6972

1.0000

24%

0.1488

0,1488

0.2765

0.5744

1.0000

75%

0.6563

0.7078

0.8281

1.0000

25%

0.1563

0.2828

0.5781

1.0000

76%

0.6688

0.7185

0.8344

1.0000

26%

0.1638

0.2892

0.5819

1.0000

77%

0.6815

0.7292

0.8407

1.0000

27%

27% Center_table_body "> 0.1715

0.2957

0.5857

1.0000

78%

0.6942

0.7401

0.8471

1.0000

28%

0.1792

0.3023

0.5896

79%

0.7071

0.7510

0.8535

1.0000

29%

0.1871

0.3090

0.5935

1.0000

80%

0.7200

0.7620

0.8600

1.0000

30%

0.1950

0.3158

0.5975

1.0000

81%

0.7331

0.7731

0.8665

1.0000

31%

0.2031

0.3226

0.6015

1.0000

82%

0.7462

0.7843

0.8731

1.0000

32%

0.2112

0.3295

0.6056

1.0000

83%

0.7595

0.7955

0.8797

1.0000

33%

0.2195

0.3365

0.6097

1.0000

84%

0.7728

0.8069

0.8864

1.0000

34%

0.2278

0.3436

0.6139

85%

0.7863

0.8183

0.8931

1.0000

35%

0.2363

0.3508

0.6181

1.0000

86%

0.7998

0.8298

0.8999

1.0000

36%

0.2448

0.3581

0.6224

1.0000

87%

0.8135

0.8414

0.9067

1.0000

37%

0.2535

0.3654

0.6267

1.0000

88%

0.8272

0.8531

0.9136

1.0000

38%

0.2622

0.3729

0.6311

1.0000

89%

0.8411

0.8649

0.9205

1.0000

39%

0.2711

0.3804

0.6355

1.0000

90%

0.8550

0.8768

1.0000

40%

0,2800

0.3880

0.6400

1.0000

91%

0.8691

0.8887

0.9345

1.0000

41%

0.2891

0.3957

0.6445

1.0000

92%

92% Centro_table_body"> 0.8832

0.9007

0.9416

1.0000

42%

0.2982

0.4035

0.6491

1.0000

93%

0.8975

0.9128

0.9487

1.0000

%

0.3075

0.4113

0.6537

1.0000

94%

0.9118

0.9250

0.9559

1.0000

44%

0.3168

0.4193

0.6584

95%

0.9263

0.9373

0.9631

1.0000

45%

0.3263

0.4273

0.6631

1.0000

96%

0.9408

0.9497

0.9704

1.0000

46%

0.3358

0.4354

0.6679

1.0000

97%

0.9555

0.9621

0.9777

1.0000

47%

47% Centro_table_body"> 0.3455

0.4436

0.6727

1.0000

98%

0.9702

0.9747

0.9851

1.0000

48%

0.3552

0.4519

0.6776

99%

0.9851

0.9873

0.9925

1.0000

49%

0.3651

0.4603

0.6825

1.0000

100%

1.0000

1.0000

1.0000

1.0000

0.3750

0.4688

0.6875

1.0000

The conservation status of buildings, buildings and facilities will be determined according to the following criteria:

a) Normal: When despite your age, anyone outside is, you don't need major repairs.

b) Regular: When they present permanent defects, without compromising the normal conditions of habitability and stability.

c) Poor: When they require repairs of relative importance, compromising the normal conditions of habitability and stability.

e) Ruinous: In the case of buildings, buildings or installations that are clearly uninhabitable or legally declared to be in ruin.

ANNEX III

Maximum lifetime of buildings, builds, and installations

Parks

10

Installations:

maximum life

maximum

(years)

Edifications and constructs:

Use Buildings

100

Office and administrative buildings

and Service Buildings

50

Industrial and warehouse

35

Casetas, sheds, tingles, barracks, and similar lightweight fixed build

30

Vials, paved yards, outdoor car parks and the like

40

Pozos

75

50

50

50

Parks

Value:

power

25

35

installations

35

Other installations

20

ANNEX IV

Risk premiums

For the determination of the risk premiums referred to in Article 22 (4) of this Regulation, the following percentages shall be used as a reference on the basis of the type of property:

Property Type

Percentage

Use Building (first residence)

8

use building (second residence)

12

Building

Buildings

12

Industry

14

places

9

Hotels

11

12

12

12

In the case of buildings intended for several uses, the reference risk premium shall be obtained by weighting the risk premiums noted above on the basis of the area for each of the uses.