MEASURES FROM THE GOVERNMENT OF ANDALUSIA THAT AIM TO SIMPLIFY REGULATION AND PROMOTE PRODUCTIVE ACTIVITY IN THE REGION
In the urban area, Decree-Law 2/2020, of March 9, on the mprovement and simplification of the regulation for the promotion of productive activity in Andalusia, reviews the procedures for administrative intervention in building acts in order to eliminate burdens unnecessary or disproportionate for the development of economic activities, prioritizing the mechanisms of responsible declaration and prior communication in those actions that, due to their scope and nature, do not have an impact susceptible of control through the authorizing technique, in the certainty that This produces a gain in competitiveness and productivity that favors the creation of employment in the sectors involved and an improvement in the efficiency of the public administration that intervenes in these processes.
1.- Se modifica el artículo 169 de la (LOUA) para incorporar la declaración responsable como sustitutiva de licencias urbanísticas:
A. The urban actions subject to a responsible declaration before the City Council are
a) The works of little constructive entity and technical simplicity that do not require project in accordance with current legislation on building.
b) Works on existing buildings and facilities, on consolidated urban land and in accordance with urban planning, that do not alter the parameters of occupation and height, or lead to increases in buildability or the number of homes.
C. The responsible declaration empowers to carry out the intended urban development in the application from the day of its presentation, provided it is accompanied by the Documentation required in each case, and without prejudice to the corresponding powers of verification, control and subsequent inspection.
D. The impossibility of continuing the requested action, or the cessation of the occupation or use, if applicable, will be declared, without prejudice to the criminal, civil or administrative responsibilities that may arise, from the moment in which any of the following circumstances:
e) Changes of use in the buildings indicated in section b), or in part of the same, within those allowed by the current urban planning
B. It will be necessary to present, together with the responsible declaration, a prior administrative authorization or report that the sectorial regulations require or, where appropriate, the administrative certificate of the silence produced.
C-. D. The impossibility of continuing the requested action, or the cessation of the occupation or use, if applicable, will be declared,without prejudice to the criminal, civil or administrative responsibilities that may arise, from the moment in which any of the following circumstances:
The impossibility of continuing the requested action, or the cessation of the occupation or use, if applicable, will be declared, without prejudice to the criminal, civil or administrative responsibilities that may arise, from the moment in which any of the following circumstances:
a) The inaccuracy, falsity or omission of an essential nature in any data, statement or document that is attached to or incorporated into the responsible statement.
b) The non-presentation, before the competent Administration, of the declaration responsible for the required documentation, where appropriate, to prove compliance with the declared.
c) Failure to comply with the requirements imposed by the applicable regulations.
d) Failure to comply with the necessary requirements for the intended use. In this case, if the Administration does not adopt the necessary measures for the cessation of the act or use within six months, it will be responsible for the damages that may be caused to third parties in good faith by the omission of such measures, in accordance with the legislation basic in terms of soil.
E. Any identifying data that must be brought to your attention for the exercise of a right, and in particular the following, will be the subject of prior communication to the Administration:
a) Changes in ownership of licenses and responsible declarations. Lack of presentation of said communication will imply that the holders will be subject with solidarity character to the responsibilities that could be derived from the action that perform under the said license.
b) The start of the works.
c) The extensions of the term for the beginning and completion of the works with license or responsible declaration in force.
F-. F. In no case will they be understood as acquired by responsible declaration or communicated action, powers against the legislation or the urban planning of application. The actions subject to a responsible declaration that are carried out without having been presented, when it is mandatory, or that exceed those declared, will be considered as actions without a license for all purposes, applying the same regime of protection of legality and sanction as that of works and uses without a license.
2-. Por otro lado, se modifica el artículo 32 de la LOUA, reforzando la función de coordinación de los informes sectoriales al planeamiento urbanístico que tienen las Comisiones Provinciales de Coordinación Urbanística, a quienes corresponderá verificar en un único pronunciamiento el contenido de los informes sectoriales que se hayan emitido en la fase de aprobación inicial.
3-. Se modifica el artículo 42 de la LOAU, por la cual se sustituye The aim is to replace the procedure for processing the Special Plan or Action Project with a mandatory report in the administrative authorization process, for the implementation of hydraulic and energy infrastructures and the use of mineral resources,in such a way that compliance with the requirements and requirements established by law in these cases, through a simpler and more agile procedure than that provided for in current regulations.
The measure has the purpose of exonerating certain projects on undeveloped (or undeveloped developable) land from the need to process the Action Project or Special Plan.
4-. Se modifica el artículo 3 del Decreto-ley 2/2018, de 26 de junio, de simplificación de normas en materia de energía y fomento de las energías renovables en Andalucía.
“two. The projects of electrical energy production facilities from renewable energy sources not covered by the specific remuneration regimes and their evacuation infrastructures, will have in their different administrative procedures a preferential and urgent impulse before any Andalusian Public Administration, provided that they accredit the necessary elements for the effective execution of the infrastructures. ”