Municipal Regulations and Licensing for Construction Projects

Posted on Feb 15, 2025 in Law

Town Hall Regulations and Project Approvals

The Town Hall is empowered to draft two important regulations:

  • PUC (Plan Urbanístico de la Ciudad): Sets the layout of streets and green areas.
  • Municipal Ordinances (Ordenanzas Municipales): Determine building conditions and types of industries allowed.

Any project must meet both standards. Before implementing any project, it is necessary to apply for a license from the council.

Handling Process

The process differs for:

  • Industries, facilities, or buildings in general.
  • Industries or facilities subject to specific regulations.

Facilities or Buildings in General

  • To apply for construction or modification, the following documents must be submitted to the council:
  • Application addressed to the mayor (license application for the project).
  • Project in triplicate, validated by the relevant professional association.
  • Within the deadlines, Technical Services will:
  • Examine the project.
  • Issue a decision.
  • Consult other agencies.
  • Submit it to public information.
  • Later, it will be approved or rejected, indicating any necessary corrections.
  • Once it is deemed feasible by the council, the petitioner pays for the license.
  • Obtaining the license entitles the petitioner to connect to the municipality’s general work networks.

Industries or Activities Subject to Special Regulations

Industries classified as annoying, unhealthy, noxious, or dangerous are subject to special regulations. For these, the regulation sets out the powers of municipalities in the processing of projects and licensing.

Competencies

  • Of the Mayors:
  • Licensing for the exercise of regulated activities.
  • Security for the better functioning of the arrangements.
  • Power of sanction.
  • Of the Municipalities:
  • Municipal regulations.
  • Provincial Commission for Sanitation:
  • Ordinances: Municipal regulations.
  • Corrective Action: Propose to mayors.
  • Industrial areas: Urbanization plans.
  • Reports: Sort activities.
  • Heads of Provincial and Local Health: Issue the reports requested of them.

Licensing

To apply for the license:

Feasible activities are classified by the regulations, and all are contained in the List:

  • Application addressed to the mayor.
  • Three copies of the draft by the professional visa.
  • Report describing the characteristics of the activity and potential impact on environmental safety, and correction systems used.

Municipal Handling

  • Deny a license for reasons of municipal competence.
  • Processing the file:
  • Open public information (10 days), reporting and notification to affected neighbors.
  • A report will be submitted to the Local Chief of Health and competent municipal technicians, including complaints or comments submitted to the file.
  • It is verified that it complies with municipal ordinances and regulations, according to the proposed location and other circumstances.
  • Referral to the Provincial Sanitation Commission, composed of representatives of agencies related to the activity.
  • The projects are dictated by presentations and, in any case, by the Chief of Health and the Labor Office.

The Provincial Sanitation Commission, after examining the records, shall:

  • Declare that it is *not* appropriate to classify it as annoying, unhealthy, noxious, or dangerous, in which case the file is returned to the council, which shall issue a timely resolution.
  • Declare it *as* annoying, unhealthy, noxious, or dangerous to health, returning the case to the council.

If the license is not granted, the applicant is given 15 working days to appeal, whose reasons will be considered by the Provincial Commission.

Time for Dealing with Files

Both for the municipality and the Provincial Commission, the following timelines apply:

  • One month after the filing of the request for the council to refer the case to the Provincial Sanitation Commission.
  • Within one month following the date of receipt by the Provincial Sanitation Commission, various provincial services will issue their reports. Within 15 days, the Provincial Commission shall give the activity rating.
  • The municipality, within 15 days of receipt of the file, will declare grant or deny a license or authorization. Provisional licenses will not be granted while the activity is not classified.

Six months after the date of application, if no decision has been received or notification has been given, it shall be granted by administrative silence.