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What changes the decree law 9/2020 on urgent measures of territorial protection approved by the Balearic Government

We are talking about urban, real estate and construction law. Because on May 25, Decree Law 9/20 was published on urgent measures for territorial protection of the Balearic Islands on the same date, effective as of the same day. Rarely, a standard is adopted that is published the same day and comes into force on the same day.

However, this singularity has an explanation: this decree-law was created by the pressure exerted by the MES nationalists on the socialists, both partners of the Balearic Government, as a consequence of the adoption on May 13 of Decree-Law 8/2020 to reactivate the economic activity and that proposed various actions to stimulate the construction sector and the reform and change of use of hotels.

The decree law aims to increase the protection of the rustic land of the Islands, contain the urban development of the land not adapted to the limitations established in the management instruments, and introduce measures for landscape and environmental integration and water saving.

The provisions are summarized, and the specific articles must be consulted for greater detail and knowledge.

 

I.- Considerations for urban land with unconsolidated urbanization

The precept contemplates a suspension in the processing of development planning, management instruments and the granting of any authorization or license for all urban land with unconsolidated urbanization for residential, tourist or mixed use that meets all the requirements of the article and that will remain in force until December 31, 2022 or until the final approval of the adaptation of the planning.

These are soils that have the condition in the current urban land plans, but that do not enjoy the urban services established in the Balearic Islands Urban Planning Law and, therefore, according to the aforementioned law, should not have the status of urban.

Its purpose is to proceed with the adaptation of these sectors to the current regulations and which may lead to their classification as developable land or their declassification, becoming rustic land.

To this end, the respective Island Councils and the Palma City Council are entrusted with the obligation to carry out this new arrangement or adaptation, and must have its initial approval prior to December 31, 2021. Otherwise, the competition will the Balearic Government would assume.

This moratorium for the adaptation of certain unconsolidated urban land affects only and exclusively those sectors that meet all the requirements of the article, which, in summary, are;

 

Therefore, its purpose is to paralyze all processing in these soils until the respective Island Council,  or Palma City Council, where appropriate, proceed to adapt the planning with the power to order it as developable land or as rustic land.

 

 

II.- Reclassification of developable land

In contrast to the moratorium on unconsolidated urban land, on programmed development land and unscheduled development land we are facing a real declassification.

 

a) In relation to those classified by planning as NON-programmed developable land, they are declassified as long as it is valid for more than 8 years and they have not initially approved the Urban Action Program. Therefore, they become common rustic flooring.

For these soils, it is not necessary to comply with the requirements that will be said regarding the developable land, but only the course of the term and the lack of initial approval. There is also no discrimination on the basis of usage.

 

b) The developable or suitable for urbanization land destined for tourist or mixed residential use that meets certain requirements will also be automatically declassified, becoming common rustic land.

The requirements for the declassification of these developable soils are:

 

In the first transitory provision, it establishes that the classification of urban or developable land will be maintained for the lands that at the entry into force of the decree law are processing their adaptation to the Insular Territorial Plan, understanding that they must have achieved initial approval and do not make more than three years of the last essential act in its processing.

We would be faced with an exception to the previous regime, given that the adaptation process that the regulations themselves intend has already begun.

 

 

III.- Regulation of rustic land

In relation to rustic land, a series of measures are adopted that reduce certain building parameters that, in summary, can be summarized as:

Notwithstanding the foregoing, municipal or urban planning could be more restrictive.

 

These measures do not apply if a modification or revision of the Insular Territorial Plan has been approved in the two years prior to May 25, 2020, the date of approval of this decree-law.

Nor will it affect the requests for urban planning permission made on rustic land prior to its entry into force if the request has complete documentation.

 

 

Javier Blas Guasp
ILLESLEX

 

 

For additional information on the content of this document, please contact ILLESLEX at info@illeslex.com

 

©2020 ILLESLEX
All rights reserved.
This document is a compilation of legal information prepared by ILLESLEX. The information or comments included in it do not constitute any legal advice.
The intellectual property rights over this document are the property of ILLESLEX. Reproduction in any medium, as well as distribution, transfer and any other type of use of this document, either in its entirety or in extract, without the prior authorization of ILLESLEX, is prohibited.

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