I am confused, as I found this below, but it does not appear to the text which is referenced in your posting, but for what it is worth (probably not a lot of help!).
ROYAL DECREE 2/2008
20th June 2008, approving the Consolidated Text of the Land Act
The second final provision of the Land Act 8/2007, 28th May 2007, authorised the Spanish
Government to approve, by means of a Legislative Royal Decree, and within one year of that
Act coming into force, a consolidated text of that same Land Act as well as the provisions of
the Consolidated Text of the Urban Planning and Land Act by Legislative Royal Decree 1/1992,
26th June 1992, that still remained in force.
This consolidation task is hereby undertaken and consists of two basic points. On the one hand,
clarifying, standardising and harmonising the terminology and provisions of both laws. On the
other hand, structuring and systematising several and diverse provisions from the Consolidated
Text of 1992 into a single general provision for the Land Act, in accordance to the attributions of
the Autonomous Communities, as far as housing and urban planning are concerned. The main
objective is therefore to avoid those rules and other state provisions on the matter to be “scattered
away”. One exception should be born in mind: the sections of the Consolidated Text of the
Urban Planning and Land Act approved by Royal Decree 1346/1976, 9th April 1976 approving that
still in force. This sections are indeed subsidiary law, bar in Ceuta or Melilla, and are therefore not
within the scope of the authorisation by which this Consolidated Text is approved.
Article 3. Spatial planning and urban planning
1. Spatial and urban planning are public non-alienable functions organising and defining
spatial land use, in accordance with general interest, determining the abilities and duties
of land ownership right, according to its final use. This does not give a right to indemnity,
apart from certain cases specifically stated by law.
The exercise of spatial planning and urban attributions must be reasoned, stating the
general interest it is supporting.
2. Spatial and urban planning legislation will guarantee:
a) The management and monitoring by the Public Administrations with attribution over
the urban process, during its stages of occupancy, urbanization, construction or building,
and use of land, by whomever, private or public party.
b) The community's share in the benefits accruing from the actions of public bodies
under the conditions stated in this and other applicable Acts.
c) The right to information of citizens and representative bodies of stakeholders affected
by urban processes, as well as citizens' participation in urban planning and management.
3. Urban planning and land policies public management will promote private initiative.
Another part says:
Second, the regulation of the private initiative concerning urban planning activity, which, as
far as urban regulations do deal with it within the legal framework of this Act, is an economic
activity of general interest affecting both the right to ownership and enterprise freedom.
In this sense, even if the building is placed on a property and -in accordance with the Spanish
classical conception- accesses the property's ownership and can therefore be considered as a
part of this ownership right, urban planning remains a public service, whose management the
Administration can decide to keep or give away to any private party. Also, urban planning
affects more than one property, therefore exceeding, both logically and physically, the limits
of ownership right.
| Taña Dalglish|
Works in field
Native speaker of: English
PRO pts in category: 40