5 questions about ‘’Proyectos de Actuacion’’

URBANISM

Dec 2

Written By Francisco Javier Muñoz Fuentes

Takin over a process like a ‘’Proyecto de Actuacion’’ can be complicated, but we are here to guide you! We collect the 5 most asked questions by our clients and in this article, you can quickly understand what it is about. In our article What is an action project? When and how does it apply? We answer all your questions about ‘’Proyectos de Actuacion’’ that can be applied to buildings built on undeveloped land. We give you an introduction about acting projects, so if you don't know anything about the subject, we recommend you take a look.

1. HOW DO I IDENTIFY IF MY LAND IS ON UNDEVELOPED LAND?

For this, you must take into consideration that, according to the urban planning law, the lands with environmental, cultural, historical, archaeological, scientific and landscape values, are mostly protected by legislation and classified as undeveloped land, where it is foreseen a layout of the land according to its nature. The city council, the owner of the land, can give you notice about the type of land on which it is located.

2. IF MY LAND IS USED FOR AGRICULTURAL USE, CAN I BUILD HOUSES ON IT?

Yes, as long as it’s a single-family home, which must function as a home that complements the cultivation work of the people who work on that land. However, these projects must comply with the requirements previously established by the regulatory entities and submitted to consultation for approval.

3. WHAT ASPECTS DETERMINE THE POSSIBILITIES OF ACTION IN RURAL LAND?

The urban legislation contemplates the possibilities of action on land classified as undeveloped, but there are different types of undeveloped land, and depending on their characteristics, the procedures will be different. If you want to know how lands are classified, we invite you to visit our article Classification of lands in Andalusia. In what classification is my land? What type of buildings can I make in it? Where you can find an essential guide to know the classification of land in Andalusia.

However, these possibilities are raised with a list of duties that the owner must fulfill.

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4. AS AN OWNER, DO I HAVE TO COMPLY WITH ANY REQUIREMENT OR OBLIGATION TO CARRY OUT AN ACTION PROJECT?

If, according to urban legislation, this is linked to the use of the properties, among these, we find:

Costing and executing the necessary works to maintain the land and its plant mass in conditions of avoiding natural risks, such as fires or floods, will also be responsible for damages and prejudices, if they were generated in the environment, third parties, or general interest.
Guarantee public health and safety.
Prevent soil, water and air pollution, even if it is necessary to recover them
Maintain the legal conditions of security, health, universal accessibility and decoration and the other requirements established by law.
Dedicate them to uses that are compatible with territorial and urban planning.

5. HOW TO PROCEED FOR THE APPROVAL OF A ‘’PROYECTO DE ACTUACION’’?

1. Submit request of the interested party accompanied by the Project.

2. Resolution on its admission or inadmissibility for processing according to the concurrence or not of the requirements established in the LOUA and the PGOU.

3. Admitted for processing, it will be submitted to public information for a period of 20 days.

4. Report of the competent Ministry in urban planning that must be issued within a maximum period of thirty days.

5. Resolution of the Plenary City Council approving or denying the Action Project.

6. Publication of the resolution.

7. The Project will contain the documentation indicated in section 5 of article 42 of the LOUA.

Undoubtedly, this process should be carried out by professionals, at Munoz Barcia Arquitectos, we are available to help you at any time, contact Javier or Crisanto and they will advise you for free so that you can successfully process your project.

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