New-build fincas may now be up to 1,500 m³ in size again

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The new article of the decree law defines rural development as "the set of public policies" aimed at expanding the economic base of rural areas by maintaining competitive and multifunctional activities and diversifying the economy through new activities compatible with sustainable development.

The government is returning almost entirely to the original text of the Rural Land Act passed in 1997, which was later tightened up. At that time, it stated that the declaration of general interest could be granted for all those activities that "exceed mere individual interests" and whose location is "necessary" in rural areas. The new text not only eliminates the reference to the need to transcend individual interests, but also allows activities that are not only necessary but also "expedient".

The decree also changes the body that decides on the granting of a declaration of general interest; in future, this will no longer be the Comissió Insular d'Urbanisme, but "the respective body of the Consell to which this function is assigned". The government defends this measure and emphasizes the numerous links between landscape conservation and the facilitation of economic activities. It points out that a "sustainable" improvement in the socio-economic conditions of a region must lead to "better conservation of natural values".

This change practically means that "the respective body of the Consell to which this function is assigned" will decide whether agricultural equipment, new agricultural warehouses, but also various activities such as agrotourism, soccer fields, sports facilities, restaurants and even polo fields - to name just one example - may be established.

This change to the regulations on rural land areas is one of the most important provisions of the decree in the area of urban planning, along with the possibility of extending residential buildings on rural land areas from 900 cubic meters to 1,500 cubic meters, which means that the maximum area is increased from 300 square meters to around 500 square meters. Consells can then decide whether to maintain or extend these limits.

In this decree, the government also opens up the possibility of building in risk prevention areas, but specifies that this essentially concerns zones at risk of erosion, which account for 80% of the area, and that all technical reports confirming these permits must be obtained beforehand. The approved law contains other provisions that have been criticized by the opposition, such as the possibility of urbanizing the Parc BIT to create housing or the possibility of increasing the number of beach bars.

The law amends the law of the Consell Consultiu so that it no longer has to prepare certain mandatory expert opinions and reduces the opportunities for organizations to issue opinions on laws that do not fall within their remit. The law also includes the legalization of illegal constructions on rural land by paying a fine to the municipalities. However, this process is also extended to agricultural equipment that is outside of planning and can also be legalized through this regulation, as stipulated in the Administrative Simplification Decree.

  June 19, 2024
  from: soulvillas