The Redistribution of plots of land is the juridical operation consisting of a new division of the properties according to the planning approved on the PAI, to allot them to the owners in proportion to their respective original rights. In other words, it is the grouping of the properties affected by a PAI, in order to make a new proportional redistribution according to the Plan.

The Redistribution of Plots of Land, in this sense, is a juridical instrument that solves in a single act several juridical operations: grouping of properties, segregation of properties, allotment of plots to the owners, boundaries regularization, just and equitable distribution of the costs and charges of the execution, and, finally, the transfer to the Town Hall  the  roads, plots for public equipments, and the corresponding building coefficient. Its concrete content will have major or minor scope according to the circumstances of the Sector or Unit of Execution (it can include all the stated operations or only  one or some of them).

 The approval of the PAI binds all the affected area to the Redistribution, with prohibition ( to the town hall) of granting of licenses of plots division and building until the Project of Redistribution becomes definitively approved and unappealable.

The Redistribution of Plots of Land can be carried out  voluntarily (agreement of all the affected owners)  or forced (by the Town Hall or the Developer) .

 The project of forced Redistribution of Plots of Land can be formulated to initiative of the Developer or of the Town hall.

The area to be redistribuited is defined in the same project of Redistribution of Plots of Land, and normally it coincides with the area delimited in the PAI (although it does not have to coincide necessarily with the Unit of Execution).

 The forced Redistribution of Plots of Land must achieve:

a)     The just and equitable distribution of the benefits and the charges derived from the town-planning, included the expenses of urban development and management.

b)     The location of the building coefficient in building sites, in accordance with the planning.

c)      The allotment to the Municipality (and, if appropriate, to the developer) of the areas of obligatory and free transfer.

d)     The forced exchange (if agreement has not been reached), of the original plots for new building sites.

e)     The boundaries regularization of all the plots according to the plan.

 According to the used criterion for Redistribution of Plots of Land, the allotment of the resultant plots or building sites will take place in accordance with the complete individual building coefficient, leaving the alloted plot subject to the payment of the charges of the urban development; or, on the contrary (when paying in plots), with deduction on behalf of the above mentioned coefficient, with adjudication to the Developer of the proportional building coefficient as compensation for his work.

Procedure for Approval of the Redistribution of Plots of Land Project.

  The procedure of approval of the Redistribution Project is the following one:

a)      Public information (minimal period of twenty days).

b)      Accreditation of the entitlement and situation of the initial properties by means of ownership’s and charges Certification of the Property Registry.

c)      Notification to the registered owners not taken into account, by mistake or missinformation, in the making of the project of Redistribution of Plots of Land, for pleadings during 15 days, (without need of new public information),

d)     Also during 15 days, for pleadings of those that became affected by modifications agreed after the period of public information.

e)      Owners requests to the developer, within the period of public information, to clearify controversies with regard to the  original rights assestments, and Developer’s response.

f)         Reciprocal requests between whom they have turned out to be allottees of properties in condominium, in order to extinguish, if possible,  this situation.

The Redistribution of Plots Project  must be approved within three months since the Developer presents the whole documentation. (Not notification of express resolution within stated maximum term will authorize to understand it approved for supposed act (approval granted by means of administrative silence); in this case, the Town hall must abstain of any express pronouncement once is properly accredited the production of the above mentioned supposed act).

The Decree that finishes the procedure must be justified and has to decide all the questions raised by the owners. Also, must  indicate all the needed  details so that it the project can be registered in the Property Registry.

Criteria for the Redistribution of Plots of Land.

 The Redistribution of Plots of Land Project have to apply the following criteria established by the law:

1. The original properties and rights are valued applying the state legislation on evaluations (unless the owners come to a more suitable agreement with the developer).
2. The individual building coefficient of the alloted building site must be proportional to the surface of his original property. 
3. The property (or properties) alloted to the owner, if possible, is integrated with part of  his original plot, or as closed to it as possible. If it is not the case, the allotment of buildings coefficient can be corrected- with more or less buildings coefficient- considering the different values, according to his location, of the original and alloted properties, whenever valuable differences exist.
4. It is not possible to allot as independent property smaller surfaces than the minimal plot stablished through the Town Planning.
5. The same plot will not be alloted in condominium, against the will of the interested ones, to owners whose right does not reach the half of the minimal plot, unless the condominium was already constituted in the initial property. In order to avoid the condominium, during the Public Information  of the Redistribution Project, the affected for such a situation can  make reciprocal requests each other,  to replace the quotas of condominium foreseen in the project with indemnifications in cash. The request must be done by means of notarised deed,  and must offer, simultaneous and alternatively, the payment or the cashing of the indemnification in cash, giving a term of ten days to the other owner to choose if he prefers to pay (and obtain the plot) or to get the money that the other offers, at the same unitary price. If an owner does not attend to a request properly formulated it will be understood that he prefers to take the cash, in wich case the plot will be alloted to the other.

6. When the right of an owner does not reach (or exceed) the minimum to obtain the allotment of independent plots, the difference can be compensated in money. The owners and the Developer can carry the reciprocal requests out to determine if it corresponds to them to pay or to receive the replacement indemnification. (The exercise of this right on part of the owners has as a limit the acquisition of the entire building coefficient corresponding, proportionally, to the original property that, for the scarce quantity of his right, do not receive allotment of plot but replacement indemnification). The Developer will do the same thing, requesting to the Town hall, when he wants to compensate in cash surpluses of building coefficient.

7. The owner has right to be indemnified for the value of the plantations, facilities and constructions of his original property that are incompatible with the Execution of the PAI.

8. Every owner has an “account of liquidation” in the project of Redistribution of Plots of Land. If the owner turns out to be a clear creditor, the Developer will indemnify him before occupying his original property.

9. The whole surface included in the Redistribution area has to be identified in the Property Registry. For this reason, The Project of Forced Redistribuition of Plots of Land must propose the registration of the not registered properties, and the rectification of superficial extension boundaries or any other descriptive circumstance.

10. If there exist areas built according to the current planning, they are not an object of new allotment (the original properties survive, although the boundaries can be regularized).

Plots with existing buildings incompatible with the new planning

The areas in which exist buildings that are not according to the planning will be alloted entirely to his original owners, if the following circumstances meet:

1. That demolition is not needed for execution of the works of urban development foreseen in the plan.

2. That are not destined for uses radically incompatible with the planning.

3. That its demolition has not been decreed  by disciplinary proceeding of town-planning infraction.

4. That the built-up surface is not lower than the minimal building plot.

5. That the right of the owner in the Redistribution of Plots of Land is not low, in more than 50 %, to which corresponds to the minimal building plot.

6. If the building coefficient that corresponds to the built-up surface exceeds the right of the allotee, the excess of allotment will reduce the surplus of building coefficient that should be object of transfer to the Town hall.

    g.  The owners who preserve their original properties      have the allotees consideration to all the effects derived from the Redistribution of Plots of Land.