The undeveloped land

IMG_0694The undeveloped land is covered by Article 46 LOUA Andalusia and is one which by definition is not suitable nor necessary for urban development.

There are two categories of undeveloped land
• building land protected (article 46 LOUA)
Subject to limitations or public domain (cattle trails, coastal public domain …)
o Protection of sectoral legislation (costs, environment ..) or spatial planning landscape grounds, historical, archaeological, environmental or cultural
o Protection of the general planning for values of agriculture, forestry, livestock, the natural endowment or for coastal protection • common land for development
Natural hazards accredited or sectorial planning[:]
or natural character, rural or hardware scattered rural settlements related to agricultural activity
or unsuitable for urban development under the General Plan

Regarding the legal status of undeveloped land, note the following:


• Duties undeveloped land (Land Act Article 13)

Prohibition of divisions, segregations or divisions of any kind against the provisions of the agrarian and forestry legislation.

• Rights in the undeveloped land
or regular developable land (Art. 52.1 LOUA): Works, buildings and segregation allowed by the destination associated with related planning for agriculture, forestry or livestock. Also the actions of public interest, ie, construction of public utility and social interest that does not induce new settlements (rural hotel, quarry …) (art. 42). What is not allowed in this category, no less in the special protection is residential use.
or land for development of special protection: Buildings and facilities permitted by the general plan or land use plan consistent with the corresponding protection

About the development of undeveloped land through actions of public interest (art. 42 LOUA) are those that are aimed at the realization of buildings, constructions and facilities to implement infrastructure applications, services, grants or equipment and for industrial, commercial, tourism or other similar, but not residential.

Article 42 of the LOUA defines the actions of public interest as follows:
Proceedings are public interest grounds with the regime of undeveloped land singular intervention activities, public or private promotion, with implications for urban planning, that comply with the requirements of public utility or social interest and the appropriateness or necessity of implantation in soils that have this legal regime. Such action shall be consistent with the regime of the corresponding category of this land and not induce the formation of new settlements. These activities can be aimed at the realization of buildings, constructions and facilities for the implementation in this soil infrastructure, services, grants or equipment as well as for industrial, tertiary, tourism or other similar, but not residential uses.

Therefore, the requirements for approval of an act of public interest are:
a) That the actions of public interest are allowed into the system of protection of undeveloped land in which they wish to implement
b) Public utility or social interest of the action to be implemented to the town
c) Origin or necessity of the implementation of the specific activity on undeveloped land
d) Do not induce new settlements by its proximity to other buildings or facilities
e) Buildings or installations for industrial, tertiary, tourism or similar but non-residential

To carry out a construction or building as a public interest action is necessary:
a) Authorization of performance through the presentation of project approval or special plan of action (if action over 500,000 m2) in which the requirements listed above justify
b) The granting of planning permission.

-Alejandro 25 de julio de 2009