Urban planners
Urban planning regulates the organization, planning, and management of territory, establishing the conditions under which land may be developed, structures built, land uses modified, and planning permits processed. This discipline determines the buildability of each plot, permitted uses, planning implementation mechanisms, and the legal consequences arising from actions that contravene current urban planning regulations.
Landowners, real estate developers, companies requiring operating licenses, and private individuals affected by urban planning decisions require specialized advice to develop their projects in compliance with applicable planning regulations, challenge administrative rulings, defend themselves against urban planning enforcement proceedings, or claim damages arising from improper administrative actions.
BGI LAW provides comprehensive services in urban planning law, ranging from the processing of major and minor building permits to challenging urban planning schemes, defending against urban planning enforcement proceedings, and handling claims regarding the liability of public authorities. The firm also manages appeals against permit denials and provides advice on land readjustment, compensation boards, and planning implementation systems. Each matter is analyzed in light of applicable national, regional, and municipal regulations, as well as specific case law regarding urban planning.
Urban Planning Intervention and Advisory Services
BGI LAW possesses extensive experience in providing legal counsel on urban planning matters, assisting property owners, developers, construction companies, and public entities with issues of particular technical and legal complexity. The firm’s services range from the interpretation and application of urban planning regulations to representation in proceedings concerning the restoration of legal compliance, expropriations, and litigation arising from urban development activities.
The firm works in coordination with architects, engineers, and specialized experts, enabling it to provide a technical basis for its actions and offer viable solutions that comply with applicable state, regional, and municipal regulations, as well as relevant case law regarding urban planning.
Key Urban Planning Services
Urban planning permits
Urban planning
Urban planning enforcement
Areas of Action in Urban Planning
Implementation and management of planning
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Execution systems
- Compensation boards.
- Land re-parcelling projects.
- Urban planning agreements.
Land classification and rating
- Determination of the urban planning classification.
- Land-use changes.
- Calculation of buildability and development potential.
Municipal land assets
- Mandatory, no-cost transfers.
- Municipal revenue-generating uses.
- Alienation of public assets.
Administrative and economic actions
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Forced expropriation
- Expropriation proceedings.
- Challenging assessed values.
- Reversion of expropriated assets.
Urban planning valuations
- Land valuation in accordance with current legislation.
- Valuations based on urban development potential.
- Expert assessments in valuation disputes.
Urban development agents
- Integrated action programs.
- Tenders for urban developers.
- Rights and obligations in urbanization processes.
Legal protection and defense
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Planning-related administrative litigation
- Appeals against planning decisions.
- Challenging plans and ordinances.
- Request for precautionary measures.
Asset liability
- Claims regarding the revocation of licenses.
- Damages arising from urban development activities.
- Compensation for administrative delays.
Protected historical heritage
- Permits for listed buildings.
- Declarations as an Asset of Cultural Interest.
- Rehabilitation of protected buildings.
Work methodology
1º- Initial urban planning analysis
Review of applicable planning regulations, inquiry regarding zoning classification, buildability, permitted uses, and urban planning obligations affecting the land or project.
2º- Feasibility assessment
Analysis of the project’s compliance with urban planning regulations and identification of risks or viable alternatives.
3º- Definition of the legal strategy
Designing the administrative processing or litigation strategy best suited to the specific case.
4º- Processing and defense
Management of licenses, administrative appeals, or judicial proceedings through to their resolution.
Frequently Asked Questions about Urban Planning
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What is the difference between a major construction permit and a minor construction permit?
A major construction permit is required for work affecting the structure or layout of the property and necessitating a technical project, whereas a minor construction permit applies to small-scale work that does not affect structural elements.
Is it possible to build without a planning permit?
No. Carrying out construction work without the appropriate permit constitutes a zoning violation and may result in sanctions, stop-work orders, and even demolition if the work cannot be legalized.
What can I do if the city council denies a planning permit?
In the event of the denial of a license, the corresponding administrative appeals may be filed and, where appropriate, recourse may be had to contentious-administrative proceedings to challenge the decision.
How long does it take to be granted a planning permit?
The timeframe depends on the type of permit and the municipality. Minor construction permits are usually processed more quickly, whereas major construction permits may take several months.
What is urban development potential?
It is the property owner’s right to build in accordance with the building potential assigned by the planning regulations, after deducting the legally mandated land cessions.
Can the city council order the demolition of a structure?
Yes, when the work has been carried out without a permit or in violation of its conditions, and cannot be legalized in accordance with current planning regulations.
What is a compensation board?
It is an urban development entity composed of landowners who undertake the execution of urban development works under the compensation implementation system.
How is land valued in an expropriation proceeding?
Land valuation is carried out in accordance with the criteria established in urban planning and land legislation, taking into account the land’s location and its urban development potential.
Can I file a claim if a previously granted license is revoked?
Yes, a claim for liability for damages may be made when the annulment of the license causes harm and is not attributable to the interested party.
Is it mandatory to cede land to the municipality in urban development projects?
Yes. Zoning regulations mandate the free transfer of land for public facilities and for municipal use for profit.
Contact
Urban planning law is a highly complex legal field requiring precise knowledge of planning, applicable regulations, and administrative practice. Proper advice is key to ensuring project viability and the effective defense of the rights of affected parties.
If you require advice on urban planning matters, the BGI LAW team can analyze your case and assess the most appropriate legal course of action.
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