Andalusian Urban Planning Law: A Comprehensive Guide
1. What is the Law Governing Planning in Andalusia?
Law 7/2002 of December 17th on Urban Planning of Andalusia. This law covers planning, organization, direction, and control of land occupation, use, and transformation through development, construction, and its consequences. Urban planning activity corresponds to the Administration of the Autonomous Community of Andalusia and the municipalities.
2. Instruments of Planning and Development
1) General Planning:
- General Plan for Town Planning
- Management Plans
- Intermunicipal Sectorizado Plans
2) Development Plans:
- Partial Management Plans
- Special Plans
- Detailed Studies
3) Catalogs
3. What is a PGOU?
The General Urban Plan (PGOU – Plan General de Ordenación Urbana) is defined in Spanish planning legislation as a basic tool for integrated management of the territory of one or more municipalities, through which land is classified. The PGOU is a document containing the applicable municipal urban regulations, building regulations, and future actions, among others. Currently (according to the 1997 General Plan), planning powers are attributed exclusively to the Autonomous Communities.
4. What is a Partial Plan?
A partial plan is an urban planning figure that aims at detailed planning on building land. It consists of the following documents:
- Report
- Annexes
- Stage Plan
- Economic Study
- Financial Plans
5. Limitations on Population Density and Building in Andalusia
For residential use, density shall not exceed 75 dwellings per hectare, and the buildable area is limited to one square meter of roof per square meter of land. For tourist use, the buildable area shall not exceed 0.3 square meters of roof per square meter of land.
6. Parking and Green Space Allocations
At least 10% of the sector shall be used for parks and gardens. Additionally, between 0.5 and 1 public parking space is required per 100 square meters of buildable roof for tourist use. For residential use, 20% should be allocated for parks and gardens and 1 to 1.5 spaces per 100 square meters of roof.
7. Land Management Systems
a) Expropriation: The Administration applies expropriation to all property and rights within the execution unit to develop the activity. Reparcelling may apply for registration and allocation of resulting properties.
b) Partnerships: Landowners contribute land, pay development costs, and manage the system. The Administration may opt for direct or indirect management.
c) Compensation: This system combines private action and cooperation with public action expropriation.
8. Definition of Urban Land
Urban land meets the following criteria:
a) Located within an existing population center or incorporated into it, with access to urban services (road access, water supply, sanitation, and electricity).
b) At least two-thirds of the space is suitable for building and connected to basic urban services.
Categories:
- Consolidated Urban Land
- Unconsolidated Urban Land
9. Definition of Urbanized Land
a) Ordered building land, comprising areas where management plans directly legitimize development activity.
b) Land for sectorized development, comprising land suitable for absorbing expected growth.
c) Non-sectored developable land, consisting of the remaining land suitable for development, considering the municipality’s characteristics and sustainable growth.
10. Definition of Undeveloped Land
Undeveloped land includes land classified as such by the General Plan for Urban Planning and meets one or more of the following criteria:
a) Designated as natural public property or subject to legal limitations for its preservation.
b) Subject to administrative protection for the preservation of nature, historical heritage, or the environment.
c) Worthy of special protection by the General Plan for Urban Planning.
d) Presents risks of erosion, landslides, floods, or other natural hazards.
11. What is a Draft Reparcelling?
Parceling projects aim to divide land into ordered parcels for building or intended purposes as defined by management plans.
12. Objective and Subjective Use
Objective Use: The buildable area allowed by planning instruments on a given domain according to usage, type, and allocated floor area.
Subjective Use: The buildable area that represents the lucrative potential of a plot of land, which the owner is entitled to upon completion of urban rights.
13. What is a Unit of Execution?
A territorially delimited area within distribution zones, allowing the joint fulfillment of basic urban duties as established by zoning laws.
14. What is an Urban Catalog?
Urban catalogs supplement planning instruments related to the conservation, protection, or improvement of urban heritage, architectural, historical, cultural, natural, or scenic elements.
16. Influence of the Mendizábal Secularization on Spanish Urban Planning
The Mendizábal Secularization transferred land from religious orders to public ownership, leading to the development of equipment and open areas.
18. Attic and Basement Calculation in Building Area
For attics, only the surface with a ground clearance of 2 meters or more is computed. Basements are not counted in the building area.
19. When to Account for a Basement Floor
A basement floor is accounted for when its ceiling height does not exceed 1.5 meters from the ground level.
20. Measuring Building Height in an Alley
If the difference in elevation between the start and end of the building is more than 1.5 meters, the facade should be divided into necessary parts, and the height is measured separately from the midpoint of each part.