How many times we hear, this house is illegal, here it is not possible to build because it is rustic land, in this area they do not give license to build, but do we really know the reason why it is not possible to build? Well, the main reason is because the type of land classified according to the urban planning that governs in that place, does not allow or did not allow the type of building that was built or will be built. It is for that reason that we must know what types of ground exist, and what we can build and what not in each one of the same ones.
We begin with the existing classification in all the general plans of urban planning that are given in each autonomous community and municipal term. First of all, we must know and ask ourselves the following question: What is a General Urban Development Plan? Well, it is the one in charge of establishing the urban planning in the totality of the municipal term and also it is in charge of organizing the management of its execution always in agreement with the characteristics of the municipality and the processes of occupation and use of the present and foreseeable ground in the medium term. Always with content appropriate to the maximum simplification and proportionality according to the characterization of the municipality. That is why the conditions that exist in each area or land are classified to be part of one of the different types of soil. But do we know what conditions are and what characteristics must be met? In short, what types of soil are there? Concretely the existing types of soil are classified as a general rule in: Urban Land, Undeveloped Land and Land for Development.
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What is Urban Land?
In the first place, urban land is that land which, within the General Urban Development Plan, and in its case within the Intermunicipal Development Plan, complies with specific circumstances. These circumstances are to form part of an existing population center or one that may be incorporated in the future, and must be equipped with a minimum of urban services of road access by urban road, as well as water supply, electricity supply and sanitation. Urban land must also be consolidated in at least two thirds of the space suitable for building according to the management proposed by the general planning and be integrated into the urban grid with conditions of connection to the various basic urban services. Thirdly, these types of land must have been transformed and urbanized in accordance with the execution determinations of the corresponding urban planning instrument.
Within the Urban Land we can distinguish different categories, specifically are: Consolidated urban land and Unconsolidated urban land.
What is Consolidated Urban Land?
Consolidated urban land is that which is made up of land that meets the specific conditions to be considered urbanized, i.e., (being part of an urban population center or the possibility of being incorporated, having detailed urban services, being consolidated in two thirds, having been transformed and urbanized in execution with the determinations of urban planning). Consolidated urban soils are also those urbanized lands or lands that have the condition of plots and are not consolidated, and therefore still need to be transformed to comply with the specific determinations.
What is Unconsolidated Urban Land?
The Unconsolidated Urban land, is comprised of those lands that still require specific urban transformation to comply with the determinations that transform this land into consolidated. But what circumstances are necessary to carry out these transformations? An Unconsolidated Urban Land must be transformed as it does not meet specific requirements and therefore must constitute relevant gaps that allow the delimitation of land sectors that lack such services, infrastructure and public endowments needed, and which in turn require urban renovations that involve a new urban development process that facilitates the connection to the network of services and infrastructure already in place. It must also be subject to an internal reform action because the urbanization does not have all the services, infrastructures and public facilities with the proportion and characteristics in relation to the building that exists in said urbanization or future construction. Finally, an Unconsolidated Urban Land, needs to increase and improve the endowments whenever there is an increase in the buildability, density or change of use that the planning instrument attributes or recognizes in plots integrated in such areas. This increase must be 10% of the pre-existing use.
What is Undeveloped Land?
The classification of Undeveloped Land, occurs when such land meets specific requirements for it. There are many requirements for classification in this category by the General Urban Development Plan.
Non-urbanizable soils are those that meet the condition of being considered natural public domain assets or being subject to limitations or easements, and therefore their characteristics must be preserved. The same applies to those subject to a protection regime by the administration, such as the preservation of nature, flora and fauna, historical or cultural heritage. Those soils that belong to a special protection regime or guarantee the maintenance of their characteristics. Land necessary for the protection of the coast, or to be the object of protection or improvement of the landscape, historical and cultural heritage and rational use of natural resources. It will also be considered undeveloped land, that which is considered necessary to preserve the rural character of the area, determined by reason of its value, agricultural, livestock, forestry, hunting or similar. That which constitutes the physical support of scattered rural settlements, linked in their origin to the rural environment. It will also be considered as non-buildable land that which requires maintenance of its characteristics for the protection of the integrity and functionality of structures, services, public or public interest endowments or equipment, those that present certain risks of erosion, landslides, landslides, floods and other natural hazards. Finally, those lands will be determined as non-buildable land, where there are activities and uses that generate risks of major accidents or are environmentally or public health reasons incompatible with the uses to which the urbanization gives support and those that are considered inappropriate to be transformed due to their sustainability, rationality and structural conditions of the municipality in particular.
It should be noted that within each General Urban Development Plan, various specifications may be established within the conditions for classifying land as undeveloped land for special protection.
What is Urban Land?
In order to determine the Land for Development, the Urban Development Plan and, if applicable, the Intermunicipal Development Plan specify this type of land when the following characteristics are met, and may be within the land for development of three types or categories: land for development in order, sectorized land for development and non-sectorized land for development. It is the land for development development ordered, is the integrated by the land forming the sector or sectors for the Plan to directly determine the detailed management that legitimizes the activity of implementation in terms of the needs and provisions of municipal urban development. The sectorized land for development must be that which is made up of sufficient land that is most suitable for absorbing foreseeable growth, in accordance with the criteria established by the General Urban Development Plan. This plan will delimit one or more sectors, and will fix the conditions and requirements for their transformation by means of the corresponding Partial Management Plans. From the approval of its detailed management, this land will be considered as land for urban development. Lastly, there is the non-sectorized land for development, made up of the remaining land assigned to this type of land. This category must take into account the natural and structural characteristics of the municipality, as well as the capacity for integration of land uses and the requirements of rational, proportionate and sustainable growth.
