Jul 012009

The Urban Law in Spain after the Spanish Constitution

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The promulgation of the 1978 EC is a unique course that has made substantial impact on all sectors of the legal system. In the urban, mainly due to the new conception of property rights whose content is limited by its social function in Article 33. Moreover, the constitutional text is clear, the conversion of urbanism at a public function.

The constitutional framework led to the adoption of a new Land Law, Law 8 / 1990 of 25 July, Urban Regime Reform and land values and recast by Royal Decree 1 / 1992 of 26 June, marked partial reform of certain aspects of LS 1976.

As news, the law introduced the technique of its widespread use type and soil classes and the gradual acquisition system of rights and powers of the owner who sought to improve the ratings system, since in fact, regulates both the ground as their valuation.

Following the change of government after winning the popular party in 1996, was approved by Royal Decree Law 5 / 1996 of 7 June, of liberalization measures on soil and Professional Schools, part of a package of economic measures liberalization adopted by the new Government at the beginning of his mandate.

The objectives of the decree were: The increase in land supply to lower the final price of housing. In this sense, it eliminates the distinction mezzanine developable scheduled and unscheduled, conflating the two classes in land for development. The simplification of the deadlines and procedures for town. Are reduced, thus, the deadlines for municipal planning approval. Amending the rates of free and compulsory transfer of the use of the Administration. That decree is ratified by the Congress of Deputies, who decides their treatment as draft law thus becomes the Law 7 / 1997 of 14 April, published a month after the Constitutional Court.

After that decree began drafting a new Land Act which led to the Land Valuation Act 1998, which has been in force until the current Land Act 2007, replaced by the Consolidated Land Act of 2008.

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