What is a ''proyecto de actuacion''?

URBANISM

Nov 17

Written By Francisco Javier Muñoz Fuentes

What is a ‘’Proyecto de Actuacion’’? When and how does it apply? We answer all your questions about this process, that can be applied to buildings built on Rural land. It is important to know the reason why this project is applied. Due to the buildings built on rural land in Andalusia, the regulation for each type of land was established and it depends on it, the buildings that may exist in this, in our article Classification of land types in Andalusia, you can find an explanation brief to each of the types of land that exist.

According to the Urban Planning Law of Andalusia (LOUA), there is a classification of land called Non-Urbanizable Land and this protects a large part of the rural land that exists in Andalusia, ensuring that its rural, agricultural and industrial uses prevail. It is for this reason that when a building that does not correspond is built on this type of land, the corresponding entity must act

It is known that many of these cases prescribe their term for the exercise of the law, however, they do not remain in a legal limbo, since there are ways to be legalized or regulated according to their characteristics and the fulfillment of certain requirements, such as, for example, a project of action or a building assimilated out of order.

WHAT IS A ‘‘PROYECTO DE ACTUACION’’ ON RURAL LAND?

A ‘‘Proyecto de Actuacion’’ is a procedure submitted to the urban regulatory body, where a series of documents are set out stating that the activities that will take place in the building are considered of Public Interest, for this reason and as long as it does not fail to comply with any requirement, the building can be legalized.

The activities considered of public interest are those that are found on land affected by the non-developable land regime that propose the realization of buildings, constructions and facilities including infrastructures, services, endowments or equipment whether for industrial, tourist, tertiary or other use analogs. In no case is this project applicable to buildings for residential use.

If approved, there must be prior documentation that is essential for the process to be carried out correctly, Javier and Crisanto de MunozBarcia Architects are waiting for you, do not hesitate to contact them if you wish to carry out your public interest project.

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WHAT DOES A ‘‘PROYECTO DE ACTUACION’’ CONTAIN?

To request, the following information must be submitted, without mediation:

Identification of the promoter of the activity.
Description of the characteristics of the land, buildings and plans that exist or will exist, as well as exact dates for the start and end of the work.
Legal and substantiated justification of the utility or social interest of the building activity, as well as the economic viability of the developer.

Both the land owner and the regulatory body have rights and duties that must be fulfilled if they want the public interest project to be approved, as, for example, the owner or '' promoter '' of this activity must constitute a minimum guarantee of 10 % of the work that will be carried out, everything that involves its materialization and paying the compensatory benefit, which is a minimum amount of 10% of the total amount of the investment to be made.

The owner of a building located on this type of land, who can access the approval of the project, has access to different benefits to the buildings assimilated outside the ordinance, since, if the project is approved, this building would be totally legal and would obtain its permits for renovations and other works, which is not the case with buildings in the AFO situation.

Undoubtedly, this is a legal process that requires professional advice from the beginning, so that it can be successfully approved, due to the rigor with which it is studied by the regulatory body, that is why contacting professionals will be your best alternative. At MunozBarcia Arquitectos we are happy to receive your questions and doubts about projects of public interest, contact us and we will advise you for free.

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