CLARIFY THE NEED FOR DIFFERENT CONCEPTS AND DEFINITIONS (II)
Sunday, July 4, 2010
Cervical Mucous Before Perio
back through this second part and component
ambit of all meant to clarify, as far as possible a series of urban concepts of great importance as the concept of sorting out and dissatisfaction, as reflected both in the Castilian-Leonese regional rules .- 
state regulatory scope .-
Today the existing texts on land in our country is made up of the revised 2008, and supplementary application to all communities that lack of policy development in this area, the revised text of 1976 with their rules, 1978 of Planning, Management and Discipline. This point is already very well known and studied by all the planners and we will attempt to briefly pass .-
items of state regulation that matter, in this case are those of TRLS/08 [Article 19.2a) 22.3 , 35th) and First Additional Provision 11], as the articles relating to the regulatory text of 1976 in the Autonomous Community of Castilla y León are not application by having their own regulations and regulatory development .- 1) Buildings and facilities erected prior to the approval of the general plan or part resulting dissenting or contrary to established planning for these must be qualified and outside management. -
2) can not be made in such buildings and facilities or building works (fall on structural elements or parts of the building), increased volume, upgrades or improvements that may increase the intrinsic value of the property. Only in exceptional cases be allowed partial and circumstantial pieces of consolidation. Whenever that is not covered urban expropriation or demolition within 15 years from the date of intended implementation. The term is rather more generous than in the regional legislation. Also excluded are reforms or works exceeding small repairs considered major works and therefore not permitted to increase the value, as previously noted. A work redevelopment that increases the value of expropriation of the building outside of management will not be allowed even led to a decrease of the surface is in the legal status of illegal .-
3) The scheme is fully applicable without having residual character .-
4) The owner holds the right to demolition and subsequent rebuilding, if not contrary to the findings contained in the instrument establishing the detailed planning. The event reconstruction is included in the content of Article 78.2 of the Tenancies Act (applicable to the lease) not be enforceable commitment to building a third more houses where prohibited by the plan. On this account we must specify that operates in the event that the lease is subject to the Act of 1964 forced extension. He also added that the owner is entitled to the demolition of prior approval of local Government Sub in the province .-
5) In the implementation of urban developments that require the eviction of occupants under just title, it must be ensured the right to resettlement, subject to the following rules, when acting for expropriation, the Administration or the beneficiary must available to legal occupants other homes with similar characteristics, within the limits established in the regulations. When acting through another set of actions, not entitled to rehousing the occupants of housing laws are to be awarded the residential land use greater than 90 square meters or the rules established by the protective housing. Elsewhere, the obligation is for the administration, computing and expenses proper to the performance of urban transformation. No expropriations in isolated actions, the tenants of the houses demolished have right of return, enforceable against the owner of the new building. The owner or developer must ensure the temporary or transitional accommodation .-
6) The construction management was not eligible for action aimed at rehabilitation, and partial or full-regulated in Royal Decree 2329/1983, in If all or fully inconsistent with the findings contained in the relevant planning instrument .-
7) The management situations were caused by the changes in regional and town planning, are not compensable, without prejudice that itself may be unable to lawfully use and enjoy building or building caught by the situation. The deadline was extended, inevitably, to the life of the building in question, but it will return immediately .-
Now we analyzed the first of the articles mentioned .-
a) the urban situation of the land, they are not likely to private use or building, have with buildings outside management or intended for housing subject to a public protection scheme that allows to price your maximum sales price, rental or other forms of access to housing.
regards the actions referred to new development).
On disposal of property imposes a legal obligation to appear in the title deed or transfer-private document-specific data urban nature.
is a requirement to be met by the owner, the breach of which entitles the purchaser to rescind the contract within four years which gives the action of termination. This may be accompanied by compensation for the damages actually incurred, as provided for in civil law.
But the nuance is, without doubt, in the use of public faith or administrative attorney for the assurance of the planning discipline through completing the required study above with the attribution to the Notaries of power to request Administration Competent public in accordance with planning legislation and local government, information, and telematics, and through planning or report card called expressive writing the urban situation of the land, farms or plots and legal duties and other obligations to which compliance would be affected.
Notaries co-responsible of the integrity of the planning for which the entry in the public deed is legally mandatory. Thus, if no contribution or deficiency in the information provided by the transferor, was interested to see clarified Administration jurisdiction, the information needed to complete the legally mandatory. On the other hand, it appears that the failure by the notary of the application and the breach of duty of single-copy reference may be made to follow any liability regime.
However, apart from these nuances or defects, you can attest that this legal obligation is endowed with a considerable strengthening of regional and town planning discipline undoubtedly desired. In addition, increases efficiency in managing the assets of their own government and the necessary coordination with the Land Registry. This makes sense when the case any security-administrative-public document in which formalized the transfer of land to public administration and should have access to the Land Registry, the obligation is to be understood on the officer or supervising authority, to specify the character and nature the good in question and, where appropriate, their incorporation into the Floor Public Estates.
Well, at this point, we consider it appropriate to leave it here and defer the comment last moments of the other articles of that state statute that interest us.
to planning the next event, take care and be happy.
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