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Valencian Planning Law: Territorial , Town &

Landscape Planning 

Law Index

 

BOOK I. PLANNING

INTRODUCTORY TITLE

CHAPTER I. General Provisions

 

 

TITLE I. GREEN INFRASTRUCTURE, LANDSCAPE AND RATIONAL OCCUPATION OF THE TERRITORY

CHAPTER I. Green infrastructure

CHAPTER II. The Landscape

CHAPTER III. Criteria for rational land use

 

TITLE II. Management instruments

CHAPTER I. Management instruments

CHAPTER II. Planning at supra-municipal level

  • Section I. The territorial strategy of the Valencian Community
  • Section II. Territorial action plans
  • Section III. Strategic territorial actions
  • Section IV. Joint general structural plans

CHAPTER III. Planning at the municipal level

  • Section I. The structural master plan and structural management
  • Section II. Detailed arrangements
  • Section III. Detailed management plan
  • Section IV. Partial plans, internal reform plans and detailed studies

CHAPTER IV. Catalogue of protections and special plans

CHAPTER V. Competence for the approval of plans

 

 

TITLE III. PROCEDURE FOR THE PREPARATION AND APPROVAL OF PLANS AND PROGRAMMES

CHAPTER I. Types of procedures in planning

CHAPTER II. Processing of plans and programmes subject to strategic environmental and territorial assessment

CHAPTER III. Processing of plans not subject to the ordinary procedure of environmental and strategic territorial assessment

CHAPTER IV. Processing of sustainable strategic investment projects

CHAPTER V. Additional provisions on the formulation, approval, suspension and modification of plans and programmes

 

 

BOOK II. TOWN PLANNING MANAGEMENT: PROGRAMMING AND EXECUTION OF URBAN DEVELOPMENT ACTIONS

 

TITLE I. TOWN PLANNING MANAGEMENT

CHAPTER I. General framework for Town Planning Management

  • Section I. General principles and concepts of Town Planning Management
  • Section II. Rehabilitation, regeneration and urban renewal actions
  • Section III. Rules of equidistribution to be contained in urban planning

 

CHAPTER II. Operational land management techniques

  • Section I. Offsetting, transfers and use reserves
  • Section II. Redistribution of Plots
  • Section III. Expropriation

CHAPTER III. Public land assets

CHAPTER IV. Expropriations and direct occupation

 

TITLE II. PROGRAMMING AND EXECUTION OF THE URBAN ACTION

CHAPTER I. The action programme. Concept, purpose and classes

  • Section I. Purpose and scope of the action programme
  • Section II. Contents of the integrated action programme

CHAPTER II. The Developer. Concept, function and management methods

CHAPTER III. The development programming procedure

  • Section I. Direct management system
  • Section II. Owner-management system
  • Section III. Indirect management system

CHAPTER IV. Implementation of the integrated action programme

  • Section I. General provisions for the implementation of integrated action programmes
  • Section II. Relationship between the Developer and the Owners
  • Section III. Payment of the Developer’s Remuneration
  • Section IV. Guarantees of the development process
  • Section V. The developer’s relations with other entrepreneurs
  • Section VI. Completion of the integrated action programme

CHAPTER V. Programs for the development of isolated actions

CHAPTER VI. Administrative registers, urban planning agreements and collaborating entities

CHAPTER VII. Urbanization Projects

 

TITLE III. MANAGEMENT OF BUILDING AND RENOVATION

CHAPTER I. System of plots, direct construction, rehabilitation and isolated actions

  • Section I. Land and building system
  • Section II. Duty to build, preserve and rehabilitate
  • Section III. System of building and compulsory rehabilitation and in substitution of the owner

CHAPTER II. Situation of ruin and intervention in listed buildings

CHAPTER III. Out-of-plan buildings and semi-consolidated areas

 

TITLE IV. SYSTEM OF UNDEVELOPED LAND AND LAND FOR DEVELOPMENT WITHOUT AN ACTION PROGRAMME

CHAPTER I. General rules for land management on undeveloped land

CHAPTER II. Building activities on land for development without programming

CHAPTER III. Minimisation of territorial impacts on undeveloped land

 

 BOOK III. PLANNING DISCIPLINE

SINGLE TITLE: TOWN PLANNING DISCIPLINE

CHAPTER I. Administrative activity of control of urban legality

  • Section I. Licensing
  • Section II. Planning guarantee certificate
  • Section III. Land division

CHAPTER II. Protection of the urban legality

  • Section I. General provisions
  • Section II. Works carried out without a licence or in discordance with a licence
  • Section III. License Suspension and Review

CHAPTER III. Infringements and planning  penalties

  • Section I. General system of urban infractions and sanctions
  • Section II. Very serious infringements and their sanctions
  • Section III. Serious infringements and their sanctions
  • Section IV. Minor infringements and their sanctions

CHAPTER IV. Administrations responsible for urban planning

BOOK I. PLANNING

 

BOOK I. Planning

 

INTRODUCTORY TITLE

CHAPTER I. General Provisions

Article 1. Object of this law.

Article 2. Administrative powers.

Article 3. Concept of sustainable territorial and urban development

 

 

TITLE I. Green infrastructure, landscape and rational occupation of the territory

CHAPTER I. Green infrastructure

Article 4. Green infrastructure: concept and functions

Article 5. Spaces that make up the Green Infrastructure and their incorporation into it

CHAPTER II. The Landscape

Article 6. Landscape: definition, objectives and instruments.

CHAPTER III. Criteria for rational land use

Article 7. General criteria for territorial and urban growth

Article 8. General criteria for planning and landscape integration

Article 9. General criteria for water resources management in the territory

Article 10. Criteria for territorial and landscape integration of infrastructures.

Article 11. Criteria for the management of the Valencian rural system

Article 12. Improvement of the quality of life in cities.

Article 13. Social cohesion, gender perspective and urbanism.

 

 

 

 

 

TITLE II. Management instruments

 

CHAPTER I. Management instruments

Article 14. Types of management instruments.

CHAPTER II. Planning at supra-municipal level

Section I. The territorial strategy of the Valencian Community

Article 15. Object, functions, contents and documentation of the Territorial Strategy of the Valencian Community.

Section II. Territorial action plans

Article 16. Territorial action plans: object, functions, contents and documentation.

Section III. Strategic territorial actions

Article 17. Sustainable strategic investment projects. Definition and requirements.

Section IV. Joint general structural plans

Article 18. Joint general structural plans.

CHAPTER III. Planning at the municipal level

Article 19. Levels of municipal planning: structural and detailed planning

Section I. The structural master plan and structural management

Article 20. Role and scope of the general structural plan

Article 21. Determinations of the structural arrangement.

Article 22. Objectives, thresholds and indicators of territorial sustainability and strategic guidelines for planned development

Article 23. Delimitation and characteristics of green infrastructure at the municipal level.

Article 24. Primary network and global standard of green areas and public parks.

Article 25. Structural planning areas: function and contents.

Article 26. Structural zoning of rural areas

Article 27. Zoning of urbanized and newly developed areas and urban expansion

Article 28. Soil classification.

Article 29. Delimitation of areas of differentiated urban planning.

Article 30. Economic contents of the general structural plan.

Article 31. Conditions of development of each of the sectors of urban planning.

Article 32. Criteria for the determination of areas of distribution and for the establishment of the standard exploitation.

Article 33. Public policy on land and housing

Documentation of the general structural plan.

Section II. Detailed arrangements

Article 35. Detailed management determinations.

Article 36. Secondary network of endowments and urban quality standards

Article 37. Special tertiary uses

Section III. Detailed management plan

Article 38. Functions and scope of the detailed management plan

Article 39. Detailed management plan documentation

Section IV. Partial plans, internal reform plans and detailed studies

Article 40. Partial plans and internal reform plans: function, scope and documentation.

Article 41. Detailed studies.

CHAPTER IV. Catalogue of protections and special plans

Article 42. Catalogue of protections.

Article 43. Special plans.

CHAPTER V. Competence for the approval of plans

Article 44. Administrations competent to formulate and approve planning instruments.

 

 

TITLE III. Procedure for the preparation and approval of plans and programmes

CHAPTER I. Types of procedures in planning

Article 45. The types of procedures for the preparation and approval of plans and programmes

Article 46. Plans and programs that shall be subject to strategic environmental and territorial assessment.

CHAPTER II. Processing of plans and programmes subject to strategic environmental and territorial assessment

Article 47. Objectives of the strategic environmental and territorial assessment

Article 48. Persons and institutions participating in the strategic environmental and territorial assessment of plans and programs.

Article 49. Phases in the processing of a plan that requires strategic environmental and territorial assessment.

49a. Actions prior to the drafting of the planning instrument

Article 50. Commencement of proceedings. Request to initiate the strategic environmental and territorial assessment.

Article 51. Consultations with the affected public administrations and preparation of the document of scope of the strategic environmental and territorial study.

Article 52. Preparation of the preliminary version of the plan or program and the strategic environmental and territorial study.

Article 53. Public participation and consultation.

Article 54. Proposal for a plan or programme and strategic environmental and territorial statement

Article 55. Approval of the plan or program subject to strategic environmental and territorial assessment and publicity.

Article 56. Monitoring, modification and expiry.

CHAPTER III. Processing of plans not subject to the ordinary procedure of environmental and strategic territorial assessment

Article 57. Processing of plans that are not subject to the ordinary procedure of environmental and strategic territorial assessment.

Article 58. Simultaneous processing of different plans.

CHAPTER IV. Processing of sustainable strategic investment projects

Procedure for the development of a sustainable strategic investment project.

Article 60. Initiative and declaration of a sustainable strategic investment project

Preparation and approval of the plan and project.

Implementation of the sustainable strategic investment project

CHAPTER V. Additional provisions on the formulation, approval, suspension and modification of plans and programmes

Article 63. Modification of plans and programmes.

Article 64. Suspension of the granting of licenses.

Article 65. Situation following the suspension of licences.

Article 66. Rules applicable in the absence of territorial or urban planning.

Article 67. Validity of plans and programmes.

 

 

 

BOOK II. TOWN PLANNING MANAGEMENT: URBAN DEVELOPMENT ACTIONS

 

TITLE I. Urban management

CHAPTER I. General framework for urban management

Section I. General principles and concepts of urban management

Article 68. General principles and concepts of urban management

Article 69. Integrated and isolated actions. Execution units.

Section II. Rehabilitation, regeneration and urban renewal actions

Article 70. Rehabilitation, regeneration and urban renewal actions.

Article 71. Subjects involved.

Article 72. Plans for internal reform of urban renewal and regeneration actions.

Article 73. Action programmes for urban renewal and regeneration.

Section III. Rules of equidistribution to be contained in urban planning

Article 74. Calculation of standard use.

Article 75. General rules of equidistribution for integrated action areas.

Article 76. General rules of equidistribution for isolated fields of action.

Article 76a. General rules of equidistribution for isolated and integrated action areas on urban land with increased use.

CHAPTER II. Operational land management techniques

Section I. Offsetting, transfers and use reserves

Article 77. Use that corresponds to the administration and compensation of surplus use. Modalities.

Article 78. Transfers of use.

Article 79. Reservations for use.

Section II. Reparcelling

Article 80. Reparcelling: definition, purpose and linkage to the plan.

Article 81. Modalities, initiative and reparcelable scope.

Article 82. Rights of those affected by reparcelling.

Article 83. Treatment of public property.

Article 84. Valuation of goods and rights.

Article 85. Rules for distribution of awards.

Article 86. Special rules on joint ownership.

Article 86a. Special rules on direct management.

Article 87. Identification and ownership of affected properties, goods and rights.

Article 88. Doubtful or litigious ownership and owner with unknown domicile of affected properties, goods and rights.

Article 89. Registry identification of properties.

Article 90. Provisional settlement account and final settlement of reparcelling.

Article 91. Documentary content of the reparcelization project.

Article 92. Processing of compulsory reparcelling.

Article 93. Effects of reparcelling.

Article 94. Voluntary repartition.

Article 95. Reparcelization under the horizontal property regime.

Article 96. Economic repartition.

Section III. Expropriation

Article 97. Management of action programs by the modality of expropriation.

CHAPTER III. Public land assets

Article 98. Definition of the public land heritage and regulation of its objectives

Article 99. Techniques for the provision of public land. Management of public land heritage.

Article 100. Delimitation of areas of interest for incorporation into the public land heritage.

Article 101. Subsoil under the municipal public domain and constitution of real estate complexes.

CHAPTER IV. Expropriations and direct occupation

Article 102. Legitimization of expropriations.

Article 103. Expropriation cases.

Article 104. Right to expropriation requested.

Article 105. Individual or joint expropriation.

Article 106. Joint appraisal procedure.

Article 107. Direct occupation.

 

 

TITLE II. Programming and execution of the urban action

CHAPTER I. The action programme. Concept, purpose and classes

Section I. Purpose and scope of the action programme

Article 108. Object of the action programme.

Article 109. Types and territorial and temporal scope of action programmes.

Section II. Contents of the integrated action programme

Article 110. Legal objectives of the integrated action programme.

Article 111. Documentary content of the integrated action programme. Technical alternative and legal-economic proposal.

CHAPTER II. The Developer. Concept, function and management methods

Article 112. The developer: concept and functions.

Article 113. Modalities of urban management.

Article 114. Requirements for the assignment of the status of developer under the urban management system by the owners.

Article 115. Assignment of the status of developer under public urban management.

Article 116. Non-delegable nature of the functions of authority.

CHAPTER III. The programming procedure

Section I. Direct management regime

Article 117. Programming procedure under direct management and competent bodies to promote it.

Section II. Owner-management regime

Article 118. Programming procedure under management by owners.

Section III. Indirect management regime

Subsection I. Joint venture

Article 119. Management of the integrated action program through a joint venture.

Subsection II. Actions prior to the procedure for approval and award of the integrated action programme

Article 120. Initiative to promote integrated action programmes.

Article 121. Prior consultation for the development of a particular integrated action programme initiative.

Article 122. Programming bases.

Article 123. Public attendance.

Article 124. Choice of the technical alternative of the integrated action program.

Subsection III. Designation of the Developer

Article 125. Public attendance.

Article 126. Process of designation of the developer.

Article 127. Appointment of the developer and signing of the agreement.

Subsection IV. Possible actions after the designation of the developer

Article 128. Special regime for reviewing the award of the status of developer.

Article 129. Related or conditional award.

Article 130. Right to reimbursement of project costs.

 

CHAPTER IV. Implementation of the integrated action programme

Section I. General provisions for the implementation of integrated action programmes

Article 131. Legal regime of integrated action programmes.

Article 132. Link to the content of the program and responsibility of the developer.

Article 133. Principle of risk and chance.

Article 134. Prerogatives of the administration.

Article 135. Modification of integrated action programs.

Article 136. Procedure for modifying integrated action programmes.

Article 137. Temporary suspension of the integrated action programme due to unforeseen environmental causes.

Section II. Relationship between the Developer and the Owners

Article 138. Principle of freedom of contract.

Article 139. Basic rights and duties of the owner.

Article 140. Basic positions of the owner before the integrated action program and its effects.

Article 141. Notice to owners to decide on their participation in the integrated action program.

Article 142. Adherence to the integrated action programme: time and form of adhesion.

Article 143. Modalities of remuneration to the developer.

Article 144. Integrated action programme development charges.

Article 145. Charges for the performance on account of each individual owner.

Article 146. Development charges common to several actions.

Article 147. Re-assessment of charges and price review.

Article 148. Supply networks and development costs.

Section III. Payment of the Developer’s Remuneration

Article 149. Payment of remuneration to the developer.

Section IV. Guarantees of the development process

Article 150. Guarantees of compliance with town planning obligations.

Article 151. Guarantee of promotion of the integrated action programme.

Article 152. Guarantee of contribution in favour of the owner.

Article 153. Guarantee of remuneration to the developer.

Article 154. Application of the above guarantee methods to isolated action programmes whose purpose is the construction or rehabilitation.

Article 155. Guarantee of simultaneous urbanization and building works.

Section V. The developer’s relations with other entrepreneurs

Article 156. The building contractor.

Article 157. The building contractor in direct management.

Article 158. Assignment of the award.

Article 159. Subcontracting.

Section VI. Completion of the integrated action programme

Article 160. Normal completion of the integrated action programme. Reception and conservation of the urbanization.

Article 161. Final settlement account.

Article 162. Abnormal termination of the integrated action programme. Expiry and resolution.

Article 163. Objective consequences of the expiry or resolution of the integrated action programme.

Article 164. Reversal of reparcelization.

Article 165. Initiative for the development of isolated actions.

 

CHAPTER V. Programs for the development of isolated actions

Article 166. Documentary content of the isolated action program.

Article 167. Forms of management and approval procedure.

Article 168. Urban interest groups.

 

CHAPTER VI. Administrative registers, urban planning agreements and collaborating entities

Article 169. Registers of Action Programs and Urbanistic Interest Groups and Collaborating Urbanistic Entities.

Article 170. Municipal Registry of Plots and Buildings to be Rehabilitated.

Article 171. Autonomous Registry of Urban Planning Instruments.

Article 172. Content and effects of urban planning agreements.

Article 173. Urbanization projects.

 

CHAPTER VII. Urbanization Projects

Article 174. Documentation and processing of urbanization projects.

Article 175. Payment of the urbanization works by the benefited owners.

 

 

TITLE III. Management of building and renovation

 

CHAPTER I. System of plots, direct construction, rehabilitation and isolated actions

Section I. Land and building regime

Article 176. Regime of land subject to isolated action.

Article 177. Legal status of land. Acquisition and loss.

Article 178. Building regime of the lots.

Section II. Duty to build, preserve and rehabilitate

Article 179. The duty to build.

Article 180. Duty of conservation and rehabilitation and periodic inspection of buildings.

Article 180a. Duty to provide basic urban services and incorporate landscape integration measures.

Article 181. Limit of the duty of conservation and rehabilitation.

Article 182. Orders for the execution of conservation works and for intervention and expropriation works on buildings that do not comply with these orders.

Article 183. Orders for adaptation to the environment.

Section III. Regime of building and compulsory rehabilitation and in substitution of the owner

Article 184. Declaration of non-compliance and regime of compulsory building.

Article 185. Declaration of failure to comply with the duty to build or rehabilitate by private initiative.

Article 186. Isolated action programme in substitution of the owner

Article 187. Modalities of participation of the owners.

Article 187a. Forced sale.

Article 187b. Compulsory expropriation for failure to comply with the duty to build.

Article 187c. Initiation of actions for compulsory building and subrogation of the Generalitat.

Article 187d. Acting outside the defined areas of action.

 

CHAPTER II. Situation of ruin and intervention in listed buildings

Article 188. Legal situation of ruin.

Article 189. Threat of imminent ruin

Article 190. Intervention in catalogued areas or buildings.

Article 191. Loss or destruction of catalogued items.

 

CHAPTER III. Out-of-plan buildings and semi-consolidated areas

Article 192. Out of order.

Article 193. Concept of semi-consolidated situations.

Article 194. Treatment of semi-consolidated situations in reparcelization.

Article 195. Town-planning duties of owners in semi-consolidated situations.

 

 

TITLE IV. Regime of undeveloped land and land for development without an action programme

 

CHAPTER I. General rules for land management on undeveloped land

Article 196. Rules of direct application to constructions and buildings on undeveloped land.

Article 197. Management of uses and developments in the undeveloped land.

Article 198. Acts of use and exploitation in the rural environment.

Article 199. Actions promoted by territorial public administrations.

Article 200. Actions promoted by individuals.

Article 201. Activities, acts of use and exploitation in undeveloped land subject to municipal license without the prior declaration of community interest.

Activities requiring a declaration of community interest.

Article 203. General rules for the declaration of Community interest.

Canon of use and exploitation in the declarations of community interest.

Article 205. Time limit for use and exploitation in declarations of Community interest.

Article 206. Granting of the declaration of Community interest.

Article 207. Expiry and revocation of declarations of Community interest.

CHAPTER II. Building activities on land for development without programming

Article 208. System of uses and building on land for development without programming.

Article 209. Transitional works and uses in the field of sectors, execution units or isolated actions.

CHAPTER III. Minimisation of territorial impacts on undeveloped land

Article 210. Actions to minimize the territorial impact generated by housing nuclei on undeveloped land.

Article 211. Organisation of actions to minimise territorial impact.

Article 211a. Actions to minimise the territorial impact generated by isolated buildings on undeveloped land.

Article 212. Effects of action to minimize territorial impact.

 

 

BOOK III. PLANNING DISCIPLINE

 

BOOK III. Urbanistic discipline

 

SINGLE TITLE: Town Planning Discipline

 

 

CHAPTER I. Administrative activity of control of urban legality

Section I. Licensing

Article 213. Acts subject to license.

Article 214. Actions subject to declaration of responsibility.

Article 215. Actions not subject to license.

Article 216. License of works and provisional uses.

Article 217. Intervention licences.

Article 218. Content and scope of municipal intervention.

Article 219. Conditions for granting licenses.

Article 220. Competence and procedure.

Article 221. Deadlines for the granting of licenses.

Article 222. Declaration of responsibility for the execution of renovation works of buildings, constructions or installations and minor works.

Article 223. Administrative silence.

Article 224. Acts promoted by public administrations.

Article 225. Expiration of licenses.

Article 226. Obligations of service providers.

Section II. Urban guarantee certificate

Article 227. Urban guarantee certificate.

Section III. Parcels

Article 228. Licenses for the division of land.

Article 229. Indivisibility of land in different soil classes.

Article 230. Parcels of rustic properties.

 

 

CHAPTER II. Protection of the urban legality

Section I. General provisions

Article 231. Administrative reaction to illegal action.

Article 232. Inexcusable nature of the exercise of authority.

Section II. Works carried out without a licence or not in accordance with a licence

Article 233. Building works without a license, or without complying with its determinations, in progress.

Article 234. Acts in progress without regional planning permission when this is required.

Article 235. Requirement for legalization.

Article 236. Works completed without a license or without complying with its determinations. Term of expiration of the action to order the restoration of urban legality.

Article 237. Regime of buildings after the deadline for issuing the order for restoration of urban legality.

Article 238. Restoration of urban legality.

Article 239. Precautionary measures.

Article 240. Procedure for restoration of urban legality.

Article 241. Failure of the interested party to comply with the restoration or suspension order.

Article 242. Additional measures in the event of non-compliance by the interested party with the restoration order.

Section III. License Suspension and Review

Article 243. Ex officio review of licenses or execution orders.

Article 244. Regional contestation of municipal licences.

 

 

CHAPTER III. Infringements and planning  penalties

Section I. General regime of urban infractions and sanctions

Article 245. Concept of infraction.

Article 246. Very serious, serious and minor offences.

Article 247. Types of sanctions.

Article 248. Amount of fines.

Article 249. Disqualification to assume the condition of developer.

Article 250. The subjects responsible.

Article 251. The prescription of the infractions.

Article 252. The prescription of the sanction.

Article 253. Aggravating and extenuating circumstances.

Article 254. The graduation of responsibility.

Article 255. Rules for the determination of the sanction.

Article 256. Penalty procedure.

Article 257. Related offenses.

Article 258. Incidental issues in the sanctioning procedure.

Article 259. Compensation for damages

Section II. Very serious infringements and their sanctions

Article 260. Illegal actions on protected soils.

Article 261. Parcels on undeveloped land or land for development without programming.

Section III. Serious infringements and their sanctions

Article 262. Infractions in the field of construction.

Article 263. Performance in catalogued buildings.

Article 264. Other offences.

Section IV. Minor infringements and their sanctions

Article 265. Legalizable unlicensed acts and other offences.

 

 

CHAPTER IV. Administrations responsible for urban planning

Article 266. Competences of the municipalities.

Article 267. Replacement of the Autonomous Communities in municipal competences.

Article 268. Powers of the Generalitat

 

CHAPTER V. Urban Inspection

Article 269. Concept.

Article 270. Competence over urban inspection.

 

 

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