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URBAN DEVELOPMENT

One of the most important areas of administrative law is the area concerned with planning, land management and public intervention in building and land use and the monitoring of the legality of urban development. MENÉNDEZ & ASOCIADOS ABOGADOS has professionals who specialise in providing legal advice in this field.

At present, dealing with any issue relating to land requires taking into account not only urban development plans and regulations but also the other legislation and sectorial planning that affects the area, such as that relating to water, natural spaces, coasts, waste, commercial facilities, etc. It is from this perspective that we approach each of the urban development cases on which we work.

We also offer an analysis of town planning that can be applied to areas where the aim is to introduce a particular activity or use. This analysis makes it possible to avoid environmental or sectorial authorisations and licences being annulled or losing effect due to incompatibility in terms of urban development between the land and the proposed activity.

Planning

In the area of planning the firm offers both public authorities and individuals the service of drafting any urban development plans that may be necessary for the carrying out of any kind of urban development activity.

The firm also advises private individuals and public authorities on the passing of planning provisions, including the making of representations within public information periods, and where appropriate it provides advice on applying for review and legal representation in cases before the administrative law courts.

Urban development management

Once the planning provisions needed to transform the land have been approved, the procedure moves on to the actual process of transforming the land by carrying out the urban development work, the compulsory allocation of land to the public authority and any necessary complementary legal operations. This procedure requires a number of specific projects, and may be carried out by re-drawing boundaries or compulsory purchase. In the first case, the role of those affected varies depending on the system used - basic reallocation, reallocation by agreement, co-operation, co-operation with assignment of integrated urban development management. In the second case, care must be taken to ensure that the financial compensation set by the public authority corresponds to the real value of the land or property affected.

Advice on the various processes in which the owners of land and property may be involved also forms part of the range of services provided by our firm.

In addition, our firm also attends to the advisory needs of the public authorities that direct or oversee these urban development management processes.

Public intervention in building and land use and monitoring of the legality of urban development

The need to obtain urban development licences in order to carry out land transformation or use, building, construction or demolition work means  that individuals often need specialist advice in order to be able to deal with the processing and, where appropriate, the challenging of licenses.

Moreover, the actions of the public authorities aimed at monitoring legality may involve the holding of penalty proceedings, which may impose penalties including demolition orders.