SPAIN Law and Practice Contributed by: Marta González-Llera, Toni Barios, Jorge del Castillo and Rafael Baena, Cases & Lacambra
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction The Act on Building Development ( Ley de Ordenación de la Edificación ), which regulates the building process, sets out the rights and obli - gations of the intervening parties in the build - ing procedure, including liabilities and cover for purchasers. Requirements are further developed by the Technical Building Code, which stipulates basic safety and habitability requirements. Depending on the scope of the works, con - struction licences may be required, together with technical documentation. The authorities, in general, are regulating to simplify the urban planning process, including the substitution of the occupancy licence for a responsible state - ment ( declaración responsable ) made by the constructor, declaring the validity and compli - ance of the executed work with the building licence granted. 4.3 Regulatory Authorities As previously stated in 4.1 Legislative and Gov- ernmental Controls Applicable to Strategic Planning and Zoning , different authorities are involved when it comes to regulating the devel - opment, design and use of a plot, such as the local authorities, regional government and the State. Competent local authorities are responsible for the drafting and approval of a general urban development plan ( plan general urbanístico ) that determines the land classification (urban land, developable land and no developable land). In urban land, the general urban development plan also determines the uses of each plot of land.
Finally, state and regional regulations must be considered for certain actions, such as areas of special protection and coastal and public domain areas or military territory. 4.4 Obtaining Entitlements to Develop a New Project As stated in 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction , a building licence by the town hall must be granted to develop a new project or complete a major refurbishment. The procedure for a building licence approval is divided, in general terms, into the following stages. • Phase 1 – Submission of the building licence request with some technical documents, among others, the basic project ( proyecto básico ), the project’s history and plans, together with a tax fee. • Phase 2 – Review: the town hall shall review the documents submitted and draft the appli - cable technical, legal and sectorial reports regarding the compliance of the project with the applicable regulation. • Phase 3 – Granting of the licence: the grant - ing may be subject to the fulfilment of certain conditions (ie, technical amendments that the town hall may consider). In some regions, the functions of the town hall are partially replaced by a private urban plan - ning entity. 4.5 Right of Appeal Against an Authority’s Decision Any citizen can appeal to declare null and void, or claim amendments to, any administrative decision or act related to urban planning law,
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