Welex, your conveyancing law firm in Spain, has the pleasure to write some lines on the rural land and urban land in the new land law of Andalusia, Spain.
New Land law in Andalusia
Under the name “Impulso para la sostenibilidad del territorio de Andalucía”, Spanis Law 7/2021 of 1 December was passed, which regulates land and urban planning in the Autonomous Community of Andalusia, Spain. This Spanish Law is known as LISTA (very appropriate to define a LAW) taking the first letter of each of the words that make up the name of the law: Ley, Impulso, Sostenibilidad, Territorio, Andalucía.
For the translations of this blog into other languages, our readers should bear in mind that LISTA in Spanish is the feminine of meanings such as “diligent”, “prepared”, “ready”, “willing”, “intelligent”. A smart law.
Our efficient conveyancing law firm in Spain is going to highlight in this blog and in future blogs, the most important aspects of LISTA, and what the new land law in Andalusia, Spain consists of.
- LISTA (Land Law in Andalusia, Spain) repeals Spanish Law 7/2022 of 17 December on Urban Planning in Andalusia and Law 1/1994 of 11 January on Spatial Planning of the Autonomous Community of Andalusia, Spain. This means simplifying as far as possible the procedures relating to land use planning and town planning, in a single legal body such as LISTA.
- LISTA (Land Law in Andalusia, Spain)has abolished the planning instruments known in Spain as PGOU (Plan General de Ordenación Urbana) and replaced them with the Planes Generales de Ordenación Municipal (PGOM) and the Planes de Ordenación Urbana (POU).
- LISTA (Land Law in Andalusia, Spain) is going to distinguish the acts with urban planning transcendence that are going to be subject to URBAN PLANNING LICENCE, RESPONSIBLE DECLARATION or PRIOR COMMUNICATION. We will see which acts will finally be subject to the express act of the administration that requires URBAN LICENSING IN SPAIN or if it is going to become a residual element for the approval of urban planning acts.
- LISTA (Land Law in Andalusia, Spain) simplifies the classification of Spanish land into SUELO URBANO and SUELO RÚSTICO IN ANDALUCIA, so terms such as SUELO URBANIZABLE, SUELO URBANO CONSOLIDADO and SUELO NO CONSOLIDADO disappear.
Contact now our efficient conveyancing law firm in Spain!
Urban Land in Spain
- What is understood by URBAN LAND IN ANDALUSIA, Spain (article 13 of LISTA Land Law in Andalusia, Spain):
This Spanish law determinates the urban land that, being integrated into the urban mesh, meet any of the following conditions:
(a) Land that has been urbanized in urban plans.
- b) Land which has been transformed and which has road access by urban road and a network connection to basic services and network connection with the basic services of water supply, sewerage and electricity supply.
- c) Land occupied by buildings on at least two thirds of the space suitable for this purpose.
suitable for it.
- d) Traditional rural nuclei located in rural areas, provided that they have road access and the basic infrastructures and services determined by regulation.
Rural Land in Spain
- What does LISTA Land Law in Andalusia, Spain understand by SUELO RÚSTICO IN ANDALUCIA (article 14 of LISTA):
- a) Rustic land specially protected by special legislation that so determines. This land includes land for the protection of the environment, nature or historical heritage, or others.
- b) Rural land preserved by the proven existence of natural processes or anthropic activities likely to generate risks, which makes incompatible its transformation through urbanization while these processes or activities subsist.
- c) Rustic land preserved by territorial or urban planning, understood as those soils where there are ecological, agricultural, livestock, forestry and landscape values, and those that must be reserved for uses of general interest, according to the characteristics and conditions of the municipality.
- d) Common rustic land, which includes the rest of the rustic land of the municipality.
- LISTA Land Law in Andalusia, Spain, is going to try to reduce the formalities and deadlines for the approval of the different urban planning instruments. We will see how this is put into practice and whether it effectively reduces the bureaucratic procedures and formalities.
- LISTA Land Law in Andalusia, Spain seems to give pre-eminence to activities linked to renewable energies, including them as ordinary uses of rural land.
Just a few brushstrokes in our blog to give space to a law that will have its transcendence in Andalusia in the coming years (the last law that regulated the land in Andalusia, was in force 19 years) that will try to reduce the deadlines and administrative procedures and that dress of simplicity and proximity to the citizenship the procedures that the Andalusian land regime requires.
Do not hesitate to contact our conveyancing law firm in Spain, Welex your law firm in Marbella, to solve any question about legal and urbanistic aspects in Spain, or about the new land law in Andalusia, Spain.