The Autonomous Communities have exclusive powers in urban and land planning matters, so that the State cannot legislate in this area (art. 148.1.3 of the Spanish Constitution). In Andalusia it is regulated in Law 7/2021 of 1 December.
Urban and territorial planning seek to regulate a responsible management of natural resources and the protection of the environment, as well as the rational use of the territory.
The P.G.O.U. or the Planes Generales de Ordenación Urbana are the documents that establish the types of land existing in the municipalities or localities and establish the criteria for development and planning.
The Plans are legal rules of a regulatory nature, i.e. their determinations are obligatory for everyone, for individuals and for the Public Administration from which they emanate. Failure to comply with them can result in administrative infringement and even criminal liability.
The spatial planning instrument we have in Andalusia is the Spatial Plan of Andalusia (POTA).
Land can be classified into 3 types:
* Urban land: this is land that is integrated into the urban grid under the denomination of plots, plots of land or transformed traditional urbanised rural nuclei that have road access via urban roads, as well as drinking water, electricity and sanitation (sewage disposal).
* Land for development: this is land that does not have the necessary facilities, and which requires transformation by the owner, who must carry out and pay for the development. In addition, it must provide the municipality with road use and green areas, i.e. it will provide the land corresponding to 10% of the average use.
* Undeveloped or rustic land: scattered rural habitat or land that is specially protected as historical heritage, environmentally protected or that is incompatible with urbanisation due to risks generated by the accredited existence of natural processes or human activities, such as, for example, land used for agriculture or mining. Urban subdivisions on rural land are prohibited. There is also a type of common rustic land under which the following may be permitted.
