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IurisConsulting Property Lawyers LUV. What about Existing Buildings? |
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LUV & Existing Buildings? By Juan Bertomeu Vallés Lawyer
Firstly, establishes a new legal treatment for the consolidated buildings.In the Integrated Interventions Programs that, for the buildings or preexisting facilities, do not suppose the new establishment of services (supplies of water, electricity and phone, access, etc ..) but mere renewal, enlargement or restructuring of those services, the planning developer will not be able to impose to the affected owners of existing houses the payment of quotas for the costs of urban development, unless they are deferred up to the moment of their rebuilding, staying the property bonded in the Property Registry to the payment of the canon of urban development. To such an end, the Program will contain a proposal of regulatory order of the said canon of urban development that will be approved together with the Integrated Interventions Programs. The Town Council shall impose on the Developer the obligation to support the costs of urban development that are an object of postponement or exoneration. In such a case, the planning developper will be compensated the proportional surplus of building coefficient equivalent to the above mentioned obligation. Only in the Developing Interventions managed directly by the Town Council will be possible to impose the cost of the works of urban development by means of the imposition of a canon of urban development. Secondly, establishes the obligatory application of the Regime of Isolated Interventions to all the consolidated buildings.The LUV imposes that, when in a sector buildings exist previously consolidated (that for his type, place and use are compatible with the execution of the urban development project), the plans that develop the area will have to foresee, for the linked plots to each of them, the Regime of Isolated Interventions and their classification as urban land. This treatment will be obligatory when the said buildings are single-family housings in use or in conditions of being inhabited.
In all this cases the PAI shall identify the consolidated pots and delimit on each of them an area of single-plot share-out, assigning to each linked plot objective uses and type use according to the characteristics of the consolidated building.
The global indexes of edificability foreseen for the sector will be applied to the rest of its surface, that is to say, excluding the consolidated plots, which will not also be calculated on having fixed the standards of transfer exigibles.
Planning Linked plot to a consolidated building is the surface of plot that results of dividing the built surface of the building by the buildings coefficient that the plan assigns in the sector.
Excess of consolidated buildings coefficient.When the consolidated building is bigger that the objective use foreseen by the plan, the excess neither will be calculated as use awarded to his holder on having determined the land cessions and costs of urban development that may correspond to him, nor will be considered on having calculated the public equipment standards.
The owners of these buildings will be authorized to make works of reform and betterment whenever these do not accentuate the inadequacy to the current planning, neither suppose the total reconstruction of elements not according with it, do not even increase the value of the building to indemnification effects.
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