Housing defends reforming the Land Law to stop "blackmailers" in urban planning claims

Sumar denounces that the project approved by Isabel Rodríguez limits the citizen's right to challenge "balls".

Housing defends reforming the Land Law to stop "blackmailers" in urban planning claims

Sumar denounces that the project approved by Isabel Rodríguez limits the citizen's right to challenge "balls"


The Ministry of Housing and Urban Agenda defends the need to reform the Land Law to put a stop to "blackmailers" who, in its opinion, take advantage of the current norm by filing complaints against urban planning that they later end up withdrawing after reaching an agreement. economic.

This is the argument put forward by the department led by Isabel Rodríguez in the bill that is going to be processed in Congress and that has been criticized by Sumar. And, according to the Government's minority partner, this reform limits the citizen's right to file complaints against "urban disasters."

According to the bill, to which Europa Press has had access, the Government has detected that the regulation in force has given rise to an "extremely dangerous picaresque" for public interests, since in recent years and, above all, in In large cities, clear abuses have been detected in the exercise of these claims.

The main objective of the reform approved by the Council of Ministers before Easter is to avoid the paralysis of territorial planning in different cities due to minor defects that can be easily corrected.

Through public urban planning action, any person can demand compliance with territorial planning and urban planning before the Administration or before the contentious-administrative jurisdiction, without it being necessary to prove any subjective right or legitimate interest.

This allows, says the Ministry of Housing, that any citizen can launch legal procedures in order to defend urban planning legality and that, in some cases, easily correctable formal errors can lead to the total nullity of the planning instruments. territorial and urban planning.

Specifically, he speaks of "extremely dangerous picaresque" when referring to those who claim to try to obtain financial compensation from the city council or the owners who would benefit, in exchange for desist from the action filed.

"These are professionals or blackmailers of public action, who abuse this institution for perverse purposes and who do nothing to help the general interest," denounces the ministry.

The minority partner of the Government believes that this legal modification will imply putting limits on the right of citizens individually or through associations to complain "against urban planning violations."

And it is not the only formation that has positioned itself against this reform, which was already attempted in the last legislature and which is now championed by Isabel Rodríguez from Housing.

Podemos has also warned that it would oppose the text in Congress because it considers that the rule emanates from a demand by the real estate sector to "give free rein to the culture of baseball" and so that "vulture funds can speculate without limits."

What the Government intends is to provide "legal certainty" and prevent correctable formal rulings from leading to the total nullity of territorial and urban planning instruments. To this end, the bill recognizes the technical-legal nature of the territorial and urban planning instruments and includes a list of formal defects that can determine the nullity of the instrument.

Specifically, the nullity may be declared due to formal or procedural defects of the planning instruments when the final approval is made by a body "manifestly incompetent due to the subject matter or the territory" or due to "total and absolute" ignorance of the Legal procedures.

Nullity may also be declared when the environmental evaluation, public information and participation procedures and participation of other public bodies or organizations are omitted in relation to the mandatory reports. Added to this is the lack of memory or the equivalent document required by the territorial and urban planning legislation or the notorious insufficiency of the same.

The rest of the defects or vices not included in the list would not imply the absolute nullity of the urban planning instrument, so they could be corrected a posteriori.

Of course, the reform proposes that the partial nullity of the planning instruments can be declared when this can be individualized to a territorial area or other specific determinations.

At the same time, cascading nullity is limited, that is, the nullity of an instrument implies the nullity of the entire development planning.