Legislative powers of State, Communities and Municipalities



1 .- The powers of the State, Autonomous Regions and Municipalities on Urban

a) State Competition
The state has legislative competence in the field of urban law of land ownership, valuation and expropriation based on the following items:[:]

• Article 149.1.1 EC Regulation of basic conditions guaranteeing the equality of all the Spanish in the exercise of rights and in fulfilling their constitutional duties »
• Article 149.1.8 EC civil law … »
• Article 149.1.18 «eminent domain law, basic legislation on contracts and administrative concessions and the system of accountability of all government …»

b) Competition autonomic
The Autonomous Communities have jurisdiction over legislation on urban planning and housing to the following article:

• Article 148.3 EC «Spatial planning, urban development and housing»

c) Municipal Competencies
The municipalities are competent for the development of urban planning, which has the status of regulation to the creation of their own city model based on the following item:

• Article 140 EC «The Constitution guarantees the autonomy of municipalities»

2 .- Land and Urban Planning Legislation 

The legislation follows a complete text can be found in the magazine of urbanism in www.revistaurbanismo.com.

a) State Legislation

Basic State Legislation

• Land Act 2008

• Royal Decree 1093/1997 of 4 July, which regulates the registration in the Land Registry of Acts of Urban Nature

Extra State Legislation

• Revised Text of the Law on Land Scheme and Town Planning, 1.346/1.976 approved by Royal Decree of 9 April (town planning law Balearic Islands, Ceuta and Melilla)

• Royal Decree 2187/1978 of 23 June by approving the Town Planning Discipline Regulations for the development and implementation of the Law on Land Scheme and Town Planning

• Royal Decree 3288/1978 of 25 August, by approving the Urban Management Regulations for the development and implementation of the Act regime and Urban Land

• Royal Decree 2159/1978 of 23 June, by approving the Regulations for Development Planning and Implementation of the Law on Land Scheme and Town Planning

b) Legislation in Andalusia autonomous

• Law 7 / 2002 of 17 December on the urban planning of Andalusia.

• Law 1994 Spatial de Andalucía

-Alejandro 19 de julio de 2009