Urban execution
Introduction
The execution of planning involves putting into practice the determinations of the planning instrument. This is a fundamental aspect, since the general plan should not stagnate as a fixed or static element, and its dynamic mission involves executing and developing the urban development process.[1] The elaboration of the plan is aimed at its execution, and otherwise the plan is nothing more than a dead drawing.[note 1] Thus, the execution of planning implies acting according to its determinations and consequently requires a series of very different actions that lead from urbanization to building.
Building can generally be considered a private activity, and in this activity the Administration controls its development. On the other hand, the urbanization process has traditionally been considered the responsibility of the Administration, but the current land law of 2007 (note* the current land law is the one approved by RDL 7/2015, it is a consolidated text that for the most part assumes what was contained in the previous land law) in its explanatory memorandum[note 2] and articles establishes the elimination of the urbanization initiative by the owners, they have been stripped of that right from the content of the right to land ownership in the new law.[note 3].
Step from urban planning to execution
In the topic at hand, the execution of planning, is a purely urban matter, with which its competence is attributed exclusively to the autonomous communities, as indicated in the constitutional text and in the Constitutional Court Sentence 61/1997"). When the autonomous competence is established, there is a difference in criteria, however, there is an origin in these regulations and institutions that is common, which allows, at this time, a study of all the CCAA from the law urban planning that was common at the time.
References
- [2] ↑ García Bellido.
- [3] ↑ la urbanización es un servicio público, cuya gestión puede reservarse la Administración o concederser a privados.
- [4] ↑ Contemplando las excepciones según la normativa autonómica, que establece el artículo 6.a)de la ley estatal del suelo de 2007.