The mortgage of the right to urban development, in Spain, allows those who do not own the land to access land credit, understood as land stricto sensu, and this would be possible through the taxation of the ius aedificandi, represented by the building rights (ceiling meters) generated by the urban planning action during the execution of urban planning and territorial organization.

The mortgage of the urban development use is a real right of guarantee, limited and temporary, that allows the creditor, its owner, to realize the value of the real estate that becomes the urban use, with separation of the land to which it is related, which, after completing the administrative procedure of execution of the urban planning, at the end of which the urban use will be attributed to its corresponding resulting property by value quotas, similar to the way in which refurbishment credits are attributed to the property. recorded in the Property Registry.

With the mortgage of the right to urban use, the traditional reductionism of considering the territorial credit linked exclusively to the ownership of the land is overcome, since through the mortgage of the urban use, the ius aedificandi, separated from the land, offers mechanisms in law that facilitate the private initiative of the urban development action, by providing it with real guarantees that favor the obtaining of financial means to assume the obligations originated by the right of urban development initiative born of art. 6.a of the Consolidated Text of the Land Law of 2008, making this right of initiative independent of patrimonial privileges.

Through the technique of "equidistribution of benefits and burdens" invented by Ildefonso Cerdá, the ideological maxim of equitable proportion above private property, invoked in 1930 by Le Corbusier, is put into practice, to be "applied between the inert owner and the common initiative", which is culminated by the use of compensatory modes of forced distribution of property, in a proprietary title called reparcellation, whose exchange currency, or unit of account, are the urban use units, which can be temporarily and transitorily registered in the Property Registry separate from the land that caused their origin (cf. art. 51 of the TRLS-2008; arts. 39 to 44 and 77 of the Urban Mortgage Regulation approved by RD 1093/1997; art. 54.4 of the Urban Management Regulation of 1978 and Resolution of the DGRN of 10-23-2001). In private law, with the rank of law, the mortgageability of the right to separate urban use of the land can also be argued with arts. 106 and 107 of the Mortgage Law (which talk about mortgaging rights, with numerus apertus criteria).