La primera ley urbanística moderna fue promulgada durante la Segunda Guerra Mundial el 17 de agosto de 1942 y suscrita por Dino Grandi, presidente de la Cámara del Fascio") (Camera dei Fasci e delle Corporazioni).[5]​.

Esta ley contemplaba, en escalón jerárquico superior, los planes directores territoriales de coordinación") que limitaban la libertad de planificación de los municipios, que tenían la obligación de redactar un plan regulador general a desarrollar mediante planes reguladores particularizados") de aplicación en los sectores de homogeneidad constructiva. En esta ley Benito Mussolini atribuye a los propietarios del derecho a urbanizar"), agrupados a través de un consorcio que los represente. Es el antecedente de las Juntas de Compensación").

La ley francesa de 15 de junio de 1943, la Ley sobre Planes de Ordenación de Ciudades, de Bélgica") de 23 de octubre de 1946, la Ley de Planeamiento Urbano y Rural de Inglaterra") de 6 de junio de 1947 (Town and Country Planning Act, de 1947 ) y la Ley sobre el Planeamiento del Territorio Nacional de Polonia") de 3 de enero de 1945.[6]​.

Land Law of May 12, 1956

The first Land Law was promoted by the architect Pedro Bidagor, around whom Spanish urban planning policy moved for three decades and despite the fact that he never came into harmony with the General Directorate of Local Administration, tutor and guide of the City Councils, nor did the Minister of the Interior support his policy: [7]​.

This is an advanced law that was born without the necessary political support and without an adequate professional network to develop it in practice. Bidagor, head of a section in the General Directorate of Architecture in the Ministry of the Interior, even with the support of the Head of State, was unable to convince the municipalists of the General Directorate of Local Administration.[8]​.

The Land and Urban Planning Law of 1956 elevates planning to a fundamental element of the new system. The ius aedificandi is profoundly limited, attempting to regulate the use of land in accordance with the social function of the property. It configures the proprietary powers over the land according to its urban classification"), constituting a legal status") of the land, in such a way that those limitations and duties it implies define the normal content of the property according to its nature and, therefore, do not give rise to compensation.

Urban planning, therefore, becomes an integral competence of the Administration, without whose planning foresight and authorization no urbanization or construction is possible. But at the same time, it reserves all the capital gains generated by urban income to the owners without any social participation, consecrating the maximum level of urban capitalism.

A first regulation of the Urban Land Regime was established, with a division into classes:.

1. • Urban land: land that is located in areas consolidated by buildings, or has a series of urban services (vehicle access, water and sewage supply and electricity supply).

2. • Urban reserve land: susceptible to urbanization through the corresponding partial plans.

3. • Rustic land: the rest of the municipal territory, assigned a direct use of 1m³ of buildable area") for every 5m² of surface (0.2m³/m²).

Each of these classes would have certain determinations established. Thus:.

1. • The Urban Land or the Urban Reserve Land is determined as: roads and squares, parks and gardens, facilities, or private buildings.

1. • Rustic land: is categorized as common or protected. In addition, there are certain regulations that link construction to the agricultural system or that limit the segregation of plots.

A series of planning figures appear:

1. • National plan. Establishes the main guidelines for urban planning of the national territory.

2. • Provincial plan. Establishes the urban planning guidelines within a province.

3. • General municipal or regional planning plan. It could encompass several homogeneous municipalities. Establishes the urban planning guidelines within its area of ​​action. It is the only plan that classifies the soil, determining the physical limits between the different classes established in the Soil Regime. Therefore, the concept of urban classification appears.") It is the only plan that was ever carried out.

4. • Special plan. Order historical-artistic ensembles, special sectors, etc.

5. • Partial plan. Defines in detail the qualification and use of land in a sector.

6. • Urbanization project. Details and develops the infrastructure works and services of a partial plan.

To manage the development of planning, four action systems are used. Two can only be carried out by the administration, these being expropriation (the administration expropriates and urbanizes) and cooperation (only applicable in areas with rapid growth, the administration urbanizes at the expense of the initial owners, who nevertheless maintain their rights. One that can be carried out either by administration or by individuals, called Compensation, which through the creation of a new legal personality called a compensation board, urbanizes and jointly distributes burdens and benefits. And finally one that can be carried out by individuals, the Road Transfer, in which each owner transfers to the city council the land necessary to build roads, parks and gardens, leaving his plots reduced on the initial plot but ready to build.

The law introduces a land valuation regime for urban reasons (in expropriations), in correspondence with the differentiation in the classification of the various lands. Thus, the urban land was assigned the commercial value or venal value, being appraised according to market prices; to the urban reserve land, urbanistic value and expectant value, which tried to capture the expectations of urbanization and building, finally assigning to the rural land") an initial value, which only took into account its agricultural yields, without including any urban use.

This system, which allows the unequal appropriation of the urban capital gains generated by the community in favor of some owners and not others, was corrected only in specific urban operations, through the principle of fair distribution of benefits and burdens) of planning, through the reparcelling technique that allows the unification of all the plots of a polygon and then proceed to their new division, compensating all the owners equally.

The confusing wording of the 1956 Land Law, caused by the variety of influences and techniques it incorporated, caused its rejection for years. But as the old Municipal Ordinances were replaced by the new General Planning Plans, for the preparation of which the law granted the Administration the broadest of discretions, it was widely abused. Without subjection to mandatory urban planning standards that would subject the ignorance and laziness of architects, officials and politicians and the pressure of speculators "Speculation (economy)"), the irreparable destruction of the town centers and expansions of many Spanish cities, as well as enormous coastal areas, began.

Regarding the effects of this new law, Fernando de Terán's opinion is pessimistic, having in his favor the creation of awareness about urban planning. For Emilio Larrodera, building development exceeds the norm, but this does not represent a failure of the law, but rather a failure of its application.

Framed in the development of the National Plan, Law 52/1962, of July 21, on the valuation of land subject to expropriation in the execution of housing and urban planning plans, was approved, and later the Regulation of Forced Building and Municipal Registry of Plots (D 635/1964) and the Regulation of reparcellations of land affected by Urban Planning plans, (RD 1006/1966).

The Law of May 2, 1975

The 1956 Law was subject to a first reform by Law 19/1975 that gave rise to the Consolidated Text of both laws (RD 1346/1976), said norm was subject to development by the Planning Regulation (RD 2159/1978), the Urban Management Regulation (RD 3288/1978) and the Urban Discipline Regulation (RD 2187/1978). The Regulation of Forced Building and Municipal Registration of Plots (D 635/1964) remained in force.

The reform affected the land regime, redefining land classes and evolving the determinations towards the concept of land qualification.

The soil classes with respect to the new regime partially correspond to the previous ones. Urban land is still called the same, although its definition has been tweaked. The previous urban reserve land is divided into programmed developable land (that which must be urbanized immediately) and unscheduled developable land (which is reserved for future development through Urban Action Programs). The most substantial modification lies in the non-developable land regime. The definition of the new classes is as follows:

1. • Urban land: It is that which has road access, water supply, water evacuation and electricity supply, or that which is included in areas consolidated by construction in at least half of its surface. That land that has a partial plan even if it is not urbanized, will also be urban land.

2. • Scheduled developable land: It is carried out according to the plan's temporal forecasts, which are usually one or two four-year periods.

3. • Unscheduled developable land: Planned for future needs. It can be compared to the urban reserve land of the law of 56. It is transformed into developable land programmed with an Urban Action Program and is developed according to urban needs with a Partial Plan.

4. • Non-developable land: Eliminates the minimum right to use "Use (urban planning)") that the previous law recognized.

Within the categories of urban and developable land, it increased the duties of owners to develop and build and expanded land transfers for public purposes. In developable land, it imposed the transfer of 10% of the average use. It can be said that the community's participation in urban capital gains increased and the application of the principle of sharing benefits and burdens beyond reparcelling operations was intensified.

In the same way that in the previous law each class of soil had certain determinations, in the new law each class has a qualification.

1. • Urban land or Scheduled developable land can be residential land, industrial land, residential land or general systems.

The Land Law of 1990

With the PSOE in government, Law 8/1990 was approved, it was promoted by the González government, July 25 (recast text from 1992) on the Reform of the Urban Planning Regime and Land Valuations. It reforms the section referring to land ownership, delving into the evolution of the ius aedificandi that had begun in 1956. The rights over land were already linked to the class to which they belonged, now they are also linked to the level of development they have. It thus clarifies the legal position of the land and enhances the powers of the Administration in order to intervene both in the definition of the uses and in monitoring the correct monitoring of the execution deadlines. A land acquires rights in the following way:

1. • The right to develop is acquired when the specific planning is approved. This stage involves the conversion of rustic land to developable land.

2. • the right to urban use "Use (urban planning)") is acquired, determined by application of the type use set out in municipal planning, when the duties of transfer, equidistribution and urbanization are fulfilled within the established deadlines. This step involves the conversion of developable land to urban land.

3. • The right to carry out building works is acquired by obtaining the license and it ceases due to its expiration in a file opened for this purpose. In this stage the building materializes.

4. • the right to use the building is acquired, which incorporates the building into the heritage, once it has been executed in accordance with the license and adjusted to the regulations in force. This stage completes the process.

The Administration has the power to regulate the periods in which rights must be exercised under penalty of loss or reduction. Furthermore, in each phase of the process, the value of the land is determined according to the stages that have been completed, so that a developable land, when the first stage has not started, is valued according to its initial value, while if that same land has completed the third, it will be valued according to the market value. This assessment system extends to any circumstance, not just assessments for urban planning reasons.

The law includes the administrative complexity that the existence of various types of land entails, among which unscheduled developable land and non-developable land do not have any ius aedificandi. However, within the urban land, leveling by zones is achieved with the techniques of standard use and transfers of urban use (TAU), between various zones and plots. Furthermore, on this land, as on the planned developable land, there is a transfer in favor of the municipality of 15% of the standard use and other higher percentages in other cases, as the owners only have the right to make 85% of their plot of land buildable.

The Administration, on the other hand, sees its possibilities of intervention in the real estate market enhanced by attributing to itself the rights of first refusal and withdrawal in the onerous transfers of land and buildings that occur in the areas that are delimited for this purpose. Likewise, municipal land assets are enhanced for which City Councils will be able to acquire non-developable land, a measure that suggests the possibility of an immediate reclassification operation of this land and its conversion into developable land.

Finally, the provisions of this law must be complemented with the regulations of the autonomous communities under the jurisdiction that the Constitution attributes to them in matters of territorial planning, urban planning and housing.

This law does not completely repeal that of 75, some of its articles persisting. A consolidated text is published: Royal Decree 1/92 of June that approves the consolidated text on the land regime and territorial planning. The same thing happens with the regulations, some articles are repealed and others remain in force.

Ruling 61/1997 of the Constitutional Court

The Constitutional Court, in a ruling of March 20, 1997, would almost completely repeal the 1990/92 law. The appeals presented by many autonomous communities were based on the fact that the law invaded their powers over territorial planning. The court understood that the complex system of stages and redistribution of benefits and burdens between areas prefigured an urban model that left the autonomous administrations without room for differentiation. It only recognized the powers of the State to determine basic rights and duties, without going into detail about urban planning techniques.

Therefore, the Spanish state violated the Spanish constitution in its Article 148.3 Powers of the autonomous communities, Territorial planning, urban planning and housing" Spanish Constitution of 1978.

Generating an absolute monopoly on land development. It prevented public administrations from generating new facilities for their development, hospitals, schools, institutions, municipal offices. After the previous legislation is repealed, the government has no choice but to generate new laws to establish a land and valuation regime.

Law 7/1997, of April 14, on liberalizing measures regarding land and Professional Associations

Under the argument that the high price of land "Land (urban planning)"), together with the existing discretion in the administration, prevents guaranteeing access to housing, and with the aim of making land cheaper, it proposes measures aimed at increasing the supply of land available for development. To do this, it eliminates the distinction between scheduled and unscheduled developable land, with all of it now being developable. It also simplifies procedures, shortening deadlines.

To reduce professional fees"), it recognizes the subjection of the practice to the regime of free competition, limits membership to the domicile of the professional, valid for the entire national territory, and also eliminates the power to set minimum fees. This achieves a whole in the field of free membership, which was subject to various registration payments and disproportionate monthly payments. It is established that the essential requirement of membership must only be carried out in the Territorial College corresponding to the domicile of the professional, although they may establish indicative fee scales.

The Land Law of 1998

Law 6/1998, of April 13, on land regulations and valuations, was promoted by the Aznar government and approved on April 13. It came to fill the legal void left by the repealing ruling 61/1997 and was in force until July 1, 2007. (Cf. Text of Law 6/1998, of April 13.[4]).

Regarding the Land Regime, the classes are the same as those that this government already establishes in Law 7/1997, of April 14, on liberalizing measures regarding land and Professional Associations. The law of '98 explains how this will be applied to previous plans in its first transitional provision. The main novelty is in how these classes are defined:

1. • Urban land: It will be the land already transformed by having, at a minimum, road access, water supply, water evacuation and electricity supply or by being consolidated by the building in the form and with the characteristics established by the urban planning legislation, or the lands that in execution of the planning have been urbanized in accordance with it.

2. • Non-developable land: These will be those lands that must be included in this class because they are subject to some special protection regime incompatible with their transformation in accordance with the territorial planning plans or sectoral legislation, due to their landscape, historical, archaeological, scientific, environmental or cultural values, natural risks accredited in the sectoral planning, or based on their subjection to limitations or easements for the protection of the public domain, or those lands that the general planning considers necessary to preserve. for the values referred to in the previous point, for its agricultural, forestry, livestock value or for its natural riches, as well as those that it considers inappropriate for urban development.

3. • Developable land: Any land that does not have any of the two previous conditions will be developable, and may be subject to transformation.

In this type of legislation, currently in force in some regional laws, it is necessary to justify the decision to classify land as non-developable, in contrast to the previous tradition in which it was studied which should be developable, or in other words how the city should grow. The reasoning that inspired it claims that by putting a large amount of land that can be developed on the market, the price of it will drop.

The qualities of each type of soil are finally established with the rights and duties of its owners. They are related to charges and benefits and to the return of capital gains.

Title V considers several compensatory cases: for alteration of planning, differentiating when the injured party has a license "in force; singular limitations, or in order to preserve buildings"), in what exceeds the legally established duties, claiming from the administration:.

In terms of valuations, non-developable land is valued by comparison based on values ​​of analogous properties.

The developable land") is valued by the dynamic residual method"), which consists of valuing it by deducting it from the value of its updated use in the area in which it is located.

Ruling 164/2001 of the Constitutional Court

Repeals part of the Land Law of 1998"), for invading part of the powers of the autonomous communities and city councils.[9]​ Among others, the articles relating to the classification of land as developable (arts. 9 to 11) were interpreted in such a way that it allowed territorial entities a wide margin of action in this area, which in practice nullified many of the liberalizing effects that were attributed to the law.[10]​

The sentence included a dissenting vote from Manuel Jiménez de Parga.

The land law of 2007

At the initiative of the new Minister of Housing") María Antonia Trujillo, on July 1, 2007, Land Law 8/2007 came into force. The regulation, approved on May 10, 2007, in Congress, replaces Law 6/1998 on Land Regime and Valuations").[11]

In relation to the previous one, its first novelty is that it does not classify the land urbanistically, considering two basic situations of the same: rural and urbanized (art. 12), depending on its current objective characteristics.

The new law does not eliminate the transition from rural land to urbanized land, through urbanization, so it is clear that it must be understood that the regional legislator can maintain the classification as developable land and the subsequent execution of the planning that provides for it.

Thus, according to the new state legislation, only the land necessary to satisfy the needs that justify it can be classified as developable, it is understood that in the criteria of the competent Administration, the common requirement of motivation for the acts of the public Administrations.[12]​.

Protects the owners against the promoters of the action. «The legal agreements or businesses that the promoter of the action celebrates with the corresponding Administration may not establish additional obligations or benefits more burdensome than those that are legally applicable to the detriment of the affected owners. The clause that contravenes these rules will be null and void. (art. 16.3).

Among the main novelties of this law, the mandate stands out for the Administrations to reserve 30% of the residential land") of the new action units for housing subject to a public protection regime, protected housing, allowing the legislation to establish or allow "exceptionally a lower reserve for certain municipalities or actions, provided that, in the case of new urbanization actions, the planning instrument guarantees full compliance with the reservation within its territorial scope of application and a distribution of its location respectful of the principle of social cohesion» (Art. 10.b).

The art. 10 of the Land Law has raised the minimum reserve for the construction of protected housing to 30% of the residential buildable area on the land that is going to be included in urbanization actions"), which are part of the urban transformation actions, and include both those of new urbanization, which involve the passage of an area of land from the situation of rural land to that of urbanized land to create, together with the corresponding infrastructures and public facilities, one or more plots suitable for the independent building or use; such as those whose purpose is to reform or renew the development of an area of urbanized land.[13]​.

Expands the range of transfer of use, specifically in section 1.b) of art. 16 LS establishes that: "In general, the percentage referred to in the previous paragraphs may not be less than five percent or greater than fifteen percent and exceptionally allows the legislation on territorial and urban planning to reduce or increase this percentage, "up to a maximum of twenty percent in the case of its increase."

The land is valued according to its situation. In the case of a rural situation, it can only take into account its agricultural potential, although it establishes "compensation for loss of the ability to participate in new urbanization actions" (art. 16). In the case of urbanized land, it is valued at its market value.

Both 50 deputies of the Popular Group and the Community of Madrid have filed an unconstitutionality appeal against some of its provisions.

It remains valid until June 27, 2008.

On 06/26/08 the Consolidated Text of the Land Law was published in the BOE: Royal Legislative Decree 2/2008, of June 20, which approves the Consolidated Text of the Land Law of 2008.

The current regulation in force is Royal Legislative Decree 7/2015 of October 30, which approves the consolidated text of the Land and Urban Rehabilitation Law.

Sustainable Economy Law

The proposed Sustainable Economy Law proposes giving a hand to financial entities and developers with land in their portfolio to avoid their depreciation by extending the period from three to six years during which the land can be valued (with approved planning and on time), with the parameters of the previous law, more favorable, since it allowed urban planning expectations to be included.[14]​

Finally, it is in article 10 of Royal Decree Law 6/2010, of April 9, on "Measures to Promote Economic Recovery and Employment", where the aforementioned extension of the deadline for application of the assessment criteria established in Law 6/1998 is included.

Law 20/2014, of October 29, which delegates to the Government the power to dictate various recast texts, by virtue of the provisions of article 82 et seq. of the Spanish Constitution, established in article one, an authorization for the recasting of legal texts.

In one of its sections, it indicated that the Government was authorized to approve two consolidated texts that integrate, duly regularized, clarified and harmonized, the consolidated text of the Land Law, approved by Royal Legislative Decree 2/2008, of June 20, with certain articles of Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal. [15]​.

Based on this delegation, Royal Legislative Decree 7/2015, of October 30, was published, approving the consolidated text of the Land and Urban Rehabilitation Law. [16]​.

• - Urban use.

• - Mortgage loan - Floor clause.

• - Urban planning law.

• - Mortgage of the right to urban use.

• - Price of housing in Spain.

• - Land (urban planning) "Land (urban planning)").

• - Urban assessment.

• - Housing in Spain.

• - Full text of law 6/1998.

• - Ruling 61/1997 of the Constitutional Court.

• - Ruling 164/2001, of July 11, of the Constitutional Court.

• - Text of the Land Law 2007.

and Law 8/2007, of May 28.

• - Consolidated Text of the Land Law BOE 06/26/08.

• - Royal Legislative Decree 7/2015 - Consolidated text of the Land and Urban Rehabilitation Law.

La primera ley urbanística moderna fue promulgada durante la Segunda Guerra Mundial el 17 de agosto de 1942 y suscrita por Dino Grandi, presidente de la Cámara del Fascio") (Camera dei Fasci e delle Corporazioni).[5]​.

Esta ley contemplaba, en escalón jerárquico superior, los planes directores territoriales de coordinación") que limitaban la libertad de planificación de los municipios, que tenían la obligación de redactar un plan regulador general a desarrollar mediante planes reguladores particularizados") de aplicación en los sectores de homogeneidad constructiva. En esta ley Benito Mussolini atribuye a los propietarios del derecho a urbanizar"), agrupados a través de un consorcio que los represente. Es el antecedente de las Juntas de Compensación").

La ley francesa de 15 de junio de 1943, la Ley sobre Planes de Ordenación de Ciudades, de Bélgica") de 23 de octubre de 1946, la Ley de Planeamiento Urbano y Rural de Inglaterra") de 6 de junio de 1947 (Town and Country Planning Act, de 1947 ) y la Ley sobre el Planeamiento del Territorio Nacional de Polonia") de 3 de enero de 1945.[6]​.

Land Law of May 12, 1956

The first Land Law was promoted by the architect Pedro Bidagor, around whom Spanish urban planning policy moved for three decades and despite the fact that he never came into harmony with the General Directorate of Local Administration, tutor and guide of the City Councils, nor did the Minister of the Interior support his policy: [7]​.

This is an advanced law that was born without the necessary political support and without an adequate professional network to develop it in practice. Bidagor, head of a section in the General Directorate of Architecture in the Ministry of the Interior, even with the support of the Head of State, was unable to convince the municipalists of the General Directorate of Local Administration.[8]​.

The Land and Urban Planning Law of 1956 elevates planning to a fundamental element of the new system. The ius aedificandi is profoundly limited, attempting to regulate the use of land in accordance with the social function of the property. It configures the proprietary powers over the land according to its urban classification"), constituting a legal status") of the land, in such a way that those limitations and duties it implies define the normal content of the property according to its nature and, therefore, do not give rise to compensation.

Urban planning, therefore, becomes an integral competence of the Administration, without whose planning foresight and authorization no urbanization or construction is possible. But at the same time, it reserves all the capital gains generated by urban income to the owners without any social participation, consecrating the maximum level of urban capitalism.

A first regulation of the Urban Land Regime was established, with a division into classes:.

1. • Urban land: land that is located in areas consolidated by buildings, or has a series of urban services (vehicle access, water and sewage supply and electricity supply).

2. • Urban reserve land: susceptible to urbanization through the corresponding partial plans.

3. • Rustic land: the rest of the municipal territory, assigned a direct use of 1m³ of buildable area") for every 5m² of surface (0.2m³/m²).

Each of these classes would have certain determinations established. Thus:.

1. • The Urban Land or the Urban Reserve Land is determined as: roads and squares, parks and gardens, facilities, or private buildings.

1. • Rustic land: is categorized as common or protected. In addition, there are certain regulations that link construction to the agricultural system or that limit the segregation of plots.

A series of planning figures appear:

1. • National plan. Establishes the main guidelines for urban planning of the national territory.

2. • Provincial plan. Establishes the urban planning guidelines within a province.

3. • General municipal or regional planning plan. It could encompass several homogeneous municipalities. Establishes the urban planning guidelines within its area of ​​action. It is the only plan that classifies the soil, determining the physical limits between the different classes established in the Soil Regime. Therefore, the concept of urban classification appears.") It is the only plan that was ever carried out.

4. • Special plan. Order historical-artistic ensembles, special sectors, etc.

5. • Partial plan. Defines in detail the qualification and use of land in a sector.

6. • Urbanization project. Details and develops the infrastructure works and services of a partial plan.

To manage the development of planning, four action systems are used. Two can only be carried out by the administration, these being expropriation (the administration expropriates and urbanizes) and cooperation (only applicable in areas with rapid growth, the administration urbanizes at the expense of the initial owners, who nevertheless maintain their rights. One that can be carried out either by administration or by individuals, called Compensation, which through the creation of a new legal personality called a compensation board, urbanizes and jointly distributes burdens and benefits. And finally one that can be carried out by individuals, the Road Transfer, in which each owner transfers to the city council the land necessary to build roads, parks and gardens, leaving his plots reduced on the initial plot but ready to build.

The law introduces a land valuation regime for urban reasons (in expropriations), in correspondence with the differentiation in the classification of the various lands. Thus, the urban land was assigned the commercial value or venal value, being appraised according to market prices; to the urban reserve land, urbanistic value and expectant value, which tried to capture the expectations of urbanization and building, finally assigning to the rural land") an initial value, which only took into account its agricultural yields, without including any urban use.

This system, which allows the unequal appropriation of the urban capital gains generated by the community in favor of some owners and not others, was corrected only in specific urban operations, through the principle of fair distribution of benefits and burdens) of planning, through the reparcelling technique that allows the unification of all the plots of a polygon and then proceed to their new division, compensating all the owners equally.

The confusing wording of the 1956 Land Law, caused by the variety of influences and techniques it incorporated, caused its rejection for years. But as the old Municipal Ordinances were replaced by the new General Planning Plans, for the preparation of which the law granted the Administration the broadest of discretions, it was widely abused. Without subjection to mandatory urban planning standards that would subject the ignorance and laziness of architects, officials and politicians and the pressure of speculators "Speculation (economy)"), the irreparable destruction of the town centers and expansions of many Spanish cities, as well as enormous coastal areas, began.

Regarding the effects of this new law, Fernando de Terán's opinion is pessimistic, having in his favor the creation of awareness about urban planning. For Emilio Larrodera, building development exceeds the norm, but this does not represent a failure of the law, but rather a failure of its application.

Framed in the development of the National Plan, Law 52/1962, of July 21, on the valuation of land subject to expropriation in the execution of housing and urban planning plans, was approved, and later the Regulation of Forced Building and Municipal Registry of Plots (D 635/1964) and the Regulation of reparcellations of land affected by Urban Planning plans, (RD 1006/1966).

The Law of May 2, 1975

The 1956 Law was subject to a first reform by Law 19/1975 that gave rise to the Consolidated Text of both laws (RD 1346/1976), said norm was subject to development by the Planning Regulation (RD 2159/1978), the Urban Management Regulation (RD 3288/1978) and the Urban Discipline Regulation (RD 2187/1978). The Regulation of Forced Building and Municipal Registration of Plots (D 635/1964) remained in force.

The reform affected the land regime, redefining land classes and evolving the determinations towards the concept of land qualification.

The soil classes with respect to the new regime partially correspond to the previous ones. Urban land is still called the same, although its definition has been tweaked. The previous urban reserve land is divided into programmed developable land (that which must be urbanized immediately) and unscheduled developable land (which is reserved for future development through Urban Action Programs). The most substantial modification lies in the non-developable land regime. The definition of the new classes is as follows:

1. • Urban land: It is that which has road access, water supply, water evacuation and electricity supply, or that which is included in areas consolidated by construction in at least half of its surface. That land that has a partial plan even if it is not urbanized, will also be urban land.

2. • Scheduled developable land: It is carried out according to the plan's temporal forecasts, which are usually one or two four-year periods.

3. • Unscheduled developable land: Planned for future needs. It can be compared to the urban reserve land of the law of 56. It is transformed into developable land programmed with an Urban Action Program and is developed according to urban needs with a Partial Plan.

4. • Non-developable land: Eliminates the minimum right to use "Use (urban planning)") that the previous law recognized.

Within the categories of urban and developable land, it increased the duties of owners to develop and build and expanded land transfers for public purposes. In developable land, it imposed the transfer of 10% of the average use. It can be said that the community's participation in urban capital gains increased and the application of the principle of sharing benefits and burdens beyond reparcelling operations was intensified.

In the same way that in the previous law each class of soil had certain determinations, in the new law each class has a qualification.

1. • Urban land or Scheduled developable land can be residential land, industrial land, residential land or general systems.

The Land Law of 1990

With the PSOE in government, Law 8/1990 was approved, it was promoted by the González government, July 25 (recast text from 1992) on the Reform of the Urban Planning Regime and Land Valuations. It reforms the section referring to land ownership, delving into the evolution of the ius aedificandi that had begun in 1956. The rights over land were already linked to the class to which they belonged, now they are also linked to the level of development they have. It thus clarifies the legal position of the land and enhances the powers of the Administration in order to intervene both in the definition of the uses and in monitoring the correct monitoring of the execution deadlines. A land acquires rights in the following way:

1. • The right to develop is acquired when the specific planning is approved. This stage involves the conversion of rustic land to developable land.

2. • the right to urban use "Use (urban planning)") is acquired, determined by application of the type use set out in municipal planning, when the duties of transfer, equidistribution and urbanization are fulfilled within the established deadlines. This step involves the conversion of developable land to urban land.

3. • The right to carry out building works is acquired by obtaining the license and it ceases due to its expiration in a file opened for this purpose. In this stage the building materializes.

4. • the right to use the building is acquired, which incorporates the building into the heritage, once it has been executed in accordance with the license and adjusted to the regulations in force. This stage completes the process.

The Administration has the power to regulate the periods in which rights must be exercised under penalty of loss or reduction. Furthermore, in each phase of the process, the value of the land is determined according to the stages that have been completed, so that a developable land, when the first stage has not started, is valued according to its initial value, while if that same land has completed the third, it will be valued according to the market value. This assessment system extends to any circumstance, not just assessments for urban planning reasons.

The law includes the administrative complexity that the existence of various types of land entails, among which unscheduled developable land and non-developable land do not have any ius aedificandi. However, within the urban land, leveling by zones is achieved with the techniques of standard use and transfers of urban use (TAU), between various zones and plots. Furthermore, on this land, as on the planned developable land, there is a transfer in favor of the municipality of 15% of the standard use and other higher percentages in other cases, as the owners only have the right to make 85% of their plot of land buildable.

The Administration, on the other hand, sees its possibilities of intervention in the real estate market enhanced by attributing to itself the rights of first refusal and withdrawal in the onerous transfers of land and buildings that occur in the areas that are delimited for this purpose. Likewise, municipal land assets are enhanced for which City Councils will be able to acquire non-developable land, a measure that suggests the possibility of an immediate reclassification operation of this land and its conversion into developable land.

Finally, the provisions of this law must be complemented with the regulations of the autonomous communities under the jurisdiction that the Constitution attributes to them in matters of territorial planning, urban planning and housing.

This law does not completely repeal that of 75, some of its articles persisting. A consolidated text is published: Royal Decree 1/92 of June that approves the consolidated text on the land regime and territorial planning. The same thing happens with the regulations, some articles are repealed and others remain in force.

Ruling 61/1997 of the Constitutional Court

The Constitutional Court, in a ruling of March 20, 1997, would almost completely repeal the 1990/92 law. The appeals presented by many autonomous communities were based on the fact that the law invaded their powers over territorial planning. The court understood that the complex system of stages and redistribution of benefits and burdens between areas prefigured an urban model that left the autonomous administrations without room for differentiation. It only recognized the powers of the State to determine basic rights and duties, without going into detail about urban planning techniques.

Therefore, the Spanish state violated the Spanish constitution in its Article 148.3 Powers of the autonomous communities, Territorial planning, urban planning and housing" Spanish Constitution of 1978.

Generating an absolute monopoly on land development. It prevented public administrations from generating new facilities for their development, hospitals, schools, institutions, municipal offices. After the previous legislation is repealed, the government has no choice but to generate new laws to establish a land and valuation regime.

Law 7/1997, of April 14, on liberalizing measures regarding land and Professional Associations

Under the argument that the high price of land "Land (urban planning)"), together with the existing discretion in the administration, prevents guaranteeing access to housing, and with the aim of making land cheaper, it proposes measures aimed at increasing the supply of land available for development. To do this, it eliminates the distinction between scheduled and unscheduled developable land, with all of it now being developable. It also simplifies procedures, shortening deadlines.

To reduce professional fees"), it recognizes the subjection of the practice to the regime of free competition, limits membership to the domicile of the professional, valid for the entire national territory, and also eliminates the power to set minimum fees. This achieves a whole in the field of free membership, which was subject to various registration payments and disproportionate monthly payments. It is established that the essential requirement of membership must only be carried out in the Territorial College corresponding to the domicile of the professional, although they may establish indicative fee scales.

The Land Law of 1998

Law 6/1998, of April 13, on land regulations and valuations, was promoted by the Aznar government and approved on April 13. It came to fill the legal void left by the repealing ruling 61/1997 and was in force until July 1, 2007. (Cf. Text of Law 6/1998, of April 13.[4]).

Regarding the Land Regime, the classes are the same as those that this government already establishes in Law 7/1997, of April 14, on liberalizing measures regarding land and Professional Associations. The law of '98 explains how this will be applied to previous plans in its first transitional provision. The main novelty is in how these classes are defined:

1. • Urban land: It will be the land already transformed by having, at a minimum, road access, water supply, water evacuation and electricity supply or by being consolidated by the building in the form and with the characteristics established by the urban planning legislation, or the lands that in execution of the planning have been urbanized in accordance with it.

2. • Non-developable land: These will be those lands that must be included in this class because they are subject to some special protection regime incompatible with their transformation in accordance with the territorial planning plans or sectoral legislation, due to their landscape, historical, archaeological, scientific, environmental or cultural values, natural risks accredited in the sectoral planning, or based on their subjection to limitations or easements for the protection of the public domain, or those lands that the general planning considers necessary to preserve. for the values referred to in the previous point, for its agricultural, forestry, livestock value or for its natural riches, as well as those that it considers inappropriate for urban development.

3. • Developable land: Any land that does not have any of the two previous conditions will be developable, and may be subject to transformation.

In this type of legislation, currently in force in some regional laws, it is necessary to justify the decision to classify land as non-developable, in contrast to the previous tradition in which it was studied which should be developable, or in other words how the city should grow. The reasoning that inspired it claims that by putting a large amount of land that can be developed on the market, the price of it will drop.

The qualities of each type of soil are finally established with the rights and duties of its owners. They are related to charges and benefits and to the return of capital gains.

Title V considers several compensatory cases: for alteration of planning, differentiating when the injured party has a license "in force; singular limitations, or in order to preserve buildings"), in what exceeds the legally established duties, claiming from the administration:.

In terms of valuations, non-developable land is valued by comparison based on values ​​of analogous properties.

The developable land") is valued by the dynamic residual method"), which consists of valuing it by deducting it from the value of its updated use in the area in which it is located.

Ruling 164/2001 of the Constitutional Court

Repeals part of the Land Law of 1998"), for invading part of the powers of the autonomous communities and city councils.[9]​ Among others, the articles relating to the classification of land as developable (arts. 9 to 11) were interpreted in such a way that it allowed territorial entities a wide margin of action in this area, which in practice nullified many of the liberalizing effects that were attributed to the law.[10]​

The sentence included a dissenting vote from Manuel Jiménez de Parga.

The land law of 2007

At the initiative of the new Minister of Housing") María Antonia Trujillo, on July 1, 2007, Land Law 8/2007 came into force. The regulation, approved on May 10, 2007, in Congress, replaces Law 6/1998 on Land Regime and Valuations").[11]

In relation to the previous one, its first novelty is that it does not classify the land urbanistically, considering two basic situations of the same: rural and urbanized (art. 12), depending on its current objective characteristics.

The new law does not eliminate the transition from rural land to urbanized land, through urbanization, so it is clear that it must be understood that the regional legislator can maintain the classification as developable land and the subsequent execution of the planning that provides for it.

Thus, according to the new state legislation, only the land necessary to satisfy the needs that justify it can be classified as developable, it is understood that in the criteria of the competent Administration, the common requirement of motivation for the acts of the public Administrations.[12]​.

Protects the owners against the promoters of the action. «The legal agreements or businesses that the promoter of the action celebrates with the corresponding Administration may not establish additional obligations or benefits more burdensome than those that are legally applicable to the detriment of the affected owners. The clause that contravenes these rules will be null and void. (art. 16.3).

Among the main novelties of this law, the mandate stands out for the Administrations to reserve 30% of the residential land") of the new action units for housing subject to a public protection regime, protected housing, allowing the legislation to establish or allow "exceptionally a lower reserve for certain municipalities or actions, provided that, in the case of new urbanization actions, the planning instrument guarantees full compliance with the reservation within its territorial scope of application and a distribution of its location respectful of the principle of social cohesion» (Art. 10.b).

The art. 10 of the Land Law has raised the minimum reserve for the construction of protected housing to 30% of the residential buildable area on the land that is going to be included in urbanization actions"), which are part of the urban transformation actions, and include both those of new urbanization, which involve the passage of an area of land from the situation of rural land to that of urbanized land to create, together with the corresponding infrastructures and public facilities, one or more plots suitable for the independent building or use; such as those whose purpose is to reform or renew the development of an area of urbanized land.[13]​.

Expands the range of transfer of use, specifically in section 1.b) of art. 16 LS establishes that: "In general, the percentage referred to in the previous paragraphs may not be less than five percent or greater than fifteen percent and exceptionally allows the legislation on territorial and urban planning to reduce or increase this percentage, "up to a maximum of twenty percent in the case of its increase."

The land is valued according to its situation. In the case of a rural situation, it can only take into account its agricultural potential, although it establishes "compensation for loss of the ability to participate in new urbanization actions" (art. 16). In the case of urbanized land, it is valued at its market value.

Both 50 deputies of the Popular Group and the Community of Madrid have filed an unconstitutionality appeal against some of its provisions.

It remains valid until June 27, 2008.

On 06/26/08 the Consolidated Text of the Land Law was published in the BOE: Royal Legislative Decree 2/2008, of June 20, which approves the Consolidated Text of the Land Law of 2008.

The current regulation in force is Royal Legislative Decree 7/2015 of October 30, which approves the consolidated text of the Land and Urban Rehabilitation Law.

Sustainable Economy Law

The proposed Sustainable Economy Law proposes giving a hand to financial entities and developers with land in their portfolio to avoid their depreciation by extending the period from three to six years during which the land can be valued (with approved planning and on time), with the parameters of the previous law, more favorable, since it allowed urban planning expectations to be included.[14]​

Finally, it is in article 10 of Royal Decree Law 6/2010, of April 9, on "Measures to Promote Economic Recovery and Employment", where the aforementioned extension of the deadline for application of the assessment criteria established in Law 6/1998 is included.

Law 20/2014, of October 29, which delegates to the Government the power to dictate various recast texts, by virtue of the provisions of article 82 et seq. of the Spanish Constitution, established in article one, an authorization for the recasting of legal texts.

In one of its sections, it indicated that the Government was authorized to approve two consolidated texts that integrate, duly regularized, clarified and harmonized, the consolidated text of the Land Law, approved by Royal Legislative Decree 2/2008, of June 20, with certain articles of Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal. [15]​.

Based on this delegation, Royal Legislative Decree 7/2015, of October 30, was published, approving the consolidated text of the Land and Urban Rehabilitation Law. [16]​.

• - Urban use.

• - Mortgage loan - Floor clause.

• - Urban planning law.

• - Mortgage of the right to urban use.

• - Price of housing in Spain.

• - Land (urban planning) "Land (urban planning)").

• - Urban assessment.

• - Housing in Spain.

• - Full text of law 6/1998.

• - Ruling 61/1997 of the Constitutional Court.

• - Ruling 164/2001, of July 11, of the Constitutional Court.

• - Text of the Land Law 2007.

and Law 8/2007, of May 28.

• - Consolidated Text of the Land Law BOE 06/26/08.

• - Royal Legislative Decree 7/2015 - Consolidated text of the Land and Urban Rehabilitation Law.