Comparative between Balearic New Land Law LOUS and the future Regulation

Table Of Contents

Property Law and Tax Issues

LIST OF MATTERS BETWEEN THE LOUS & FUTURE REGULATION OF THE LOUS

(COMPARATIVE BETWEEN THE LOUS & THE FUTURE REGULATION)

* PEND. FINAL APPROVAL

ARTICULES REFERING TO:

PLANNING SYSTEM OF THE LAND
Articles	Land Law. LOUS	Future Regulation*
Object, range and general principles	art. 1& 2	art.1 & 2
Public politics and planning activity and developments	art. 3-4-5-6-9-13	art.3 to 12
Activity of planning regulation	art. 7-8-10-11	art. 17 to 20
Administrative powers	art. 15 to 17	art. 25 to 31
Planning agreements	art. 18 to 20	art. 32 to 37
Publicity of actions, citizens participation, right of information	art.12-14-21	art. 21 to 24
Planning systems and system of subsoil	art 22-24 a 26-29-30	art. 38 to 40 – 43 to 45
Classification of land and requirements for building	art. 23- 27-28	art. 41-42
Rights and duties of the owners and building land	art. 31 to 33	art 46 to 53
TOWN PLANNING
Articles	Land Law. LOUS	Future Regulation*
Instruments of town planning	art. 34	art. 54 to 62
General plan	art. 35- 40	art. 63-64
Structural decisions in the general plans	art. 41 and 42	art. 65 to 80
Documental contents of the general plans	art. 36 and 37	art. 81 to 88
Contents report of economic and environmental maintenance	art.38 and 39	art. 88-89
Partial plans	art. 43	art.90 to 104
Special plans	art. 45	art. 105 to 117
Documents of special plans	art. 44	art. 118 to 121
Studies of details	art.46	art.122 to 124
Catalogue of elements and protected areas	art. 47	art. 125 to 131
Bylaws of building, urbanization and publicity	art. 48	art. 132 to 136
Preparatory actions to draw up and process town planning	art. 49 and 51	art.137 to 148
Drawing up of planning	art.52	art. 149 to 152
Approval and process of town planning	art. 50-53-55	art. 153 to 168
Validity, modification and revision of town planning	art. 56 to 62	art. 169 to 178
Publicity, execution and obligations of town planning	art. 63-64-65	art.179 to 182
Declaration of public utility and necessity of occupation	art. 66	art. 183
Temporary uses and works	art. 67	art. 184
Effects of town planning on the already existing constructions and uses	art. 68	art. 185-186
Rules and regulations of direct application	art. 69	art. 187 a 191
NEGOTIATION AND EXECUTION OF PLANNING
Articles	Land Law. LOUS	Future Regulation*
Concept, areas of action and estimates of the execution	art. 70-71-72	art.192 to 201
Ranges of execution and delimitation of units	art.73-74	art. 202-203
Obtaining land	art.75	art.204 to 206
Development expenses, obligations and charges of the owners	art.77 and 78	art.207 to 210
Systems of planning actions for re-plotting and proceedure	art. 76- 79- 80	art.211 to 225-258 to 261
Project of re-plotting	art. 81	art. 226 to 232
Effects of the project of re-plotting	art. 82	art. 233 to 243
Registry in the Property Registry office	art.83	art.277 to 279
Form of compensation	art. 84 to 88	art. 244 to 252- 270-271
Form of co-operation	art. 89-90	art. 253 to 257
System of seizure	art. 91 to 95	art. 280 to 288
Direct occupation	art. 96	art. 289 to 291
Collaborating planning departments	art.15- 115	art. 262 to 269
Maintenance departments	art.115	art. 273 to 276
Right of rehousing	art.77	art. 292 to 307
INTERVENING INSTRUMENTS IN THE LAND MARKET
Articles	Land Law. LOUS	Future Regulation*
Public Patrimoney of land	art. 97 to 102	art. 308 to 314
Right of surface	art. 103	art. 315
First rights of purchase	art. 104 to 109	art. 316 to 320
Obligation to develop construct and consequences of non compliance within period of right to construct	art. 110 to 114	art. 321 to 331
The works of development	art. 115- 116	art.332 to 338
Building works and general works on properties	art. 117 -118	art. 339 to 347
Cases of properties in ruin	art. 119 to 121	art. 348 to 353
COMPULSORY EXPROPRIATION DUE TO PLANNING REASONS
Articles	Land Law. LOUS	Future Regulation*
Cases of expropriation due to planning reasons	art.122	art.354
Department of expropriation and people beneficiary of the expropriation	art. 128-131	art.355
Proceedings	art. 123 and 126	art. 356 and 360
Proceeding, formulaltion and effects of the proceeding of joint valuation	art. 124 -125-127	art. 357 to 359
Destination of the land and cases of reversion	art.129 and 130	art.361
PLANNING DISCIPLINE
Articles	Land Law. LOUS	Future Regulation*
General regulations	art. 132	art. 362
Planning license	art. 133 to 137	art.363 to 367
Competence and proceedure	art.138-139	art. 368 to 373
Decision of the technical projects	art.140	art.374 to 376
General effects, validity and expiry of the licenses	art.142	art.377 to 381
Special cases of planning license	art.137-143-144-145	art.393 to 397
System of actions of prior communication	art. 133-136-141	art.388 to 393
Plot planning	art.146 to 148	art. 398 to 401
PROTECTION OF PLANNING LEGALITY
Articles	Land Law. LOUS	Future Regulation*
Planning inspection	art.149	art.402
Protection of planning legality	art.150-155 to 159	art. 412 to 415
Proceeding of restoration of upset legal order	art.151 to 154	art.416 to 424
Planning infringements and its consequences	art. 160-161	art. 403 to 406
Responsible people	art.162-163	art.407-408
Competence and proceedure	art. 164 to 167	art.409-410-453
Expiry of planning infringements	art. 178-179	art.411- 459
RESPONSABILITY AND APPLICATION OF SANCTION
Articles	Land Law. LOUS	Future Regulation*
Rules for demanding an offence responsability and application of sanction	art. 166 to 175	art.444 to 452
– Exclusion of economic profit	art.171	art.449
– Adjustment of the sanctions	art.172	art.450
– Aggravating circumstances	art.173	art.451
– Extenuating circumstances	art.174	art.452
– Mixed circumstances	art.175	art.453
Sanctions for planning infringements	art. 176-177	art.441 to 443
Collection of sactions	art.180 to 193	art.458
Sanction proceedure for planning infringement	art.165	art.454 to 459
Subsidiary execution of orders of replacement of the altered tax reality	art. 152-153	art.425 to 440