Derecho Inmobiliario y cuestiones Fiscales
One of the measures that has lead to most of the doubts in the Balearic real estate sector and that we mentioned in our post of July 2013 concerning the Law 2013 protection and sustainable use of the coast and modification of the Law 22/1988 dated 28th July of the Coastal Department has been the modification of the Fourth Temporary Regulation. Now is indicated that, in the buildings located in the transit rights of way, works of repair, improvement, consolidation and modernization, can be carried out as long as these do not imply the increase in volume, height nor the surface of the existing buildings and that this is justified and proved before the State Administration and competent departments of the Autonomous Government by presenting a responsible declaration which includes the compliance with some requirements of improvement concerning energy efficiency and/or saving of water. The energy improvement in the buildings to be carried out should reach the rate of two letters or one letter B, they should also be guaranteed through the energy efficiency certificate as per the Royal Decree 235/2013 dated 5th April. With the responsible declaration presented and after the authorization of the competent planning department, it is possible to carry out works of repair and improvement with the following points:
- The buildings and works of improvement carried out on land of public domain will be demolished at the end of the concession.
- On one side, in the area of transit rights of way an authorization will be required with a favourable report from the State Administration in which effectively the transit right of way is guaranteed. On the other hand and concerning expropriation matters it will not be taken into account the increase in value of the construction for the works carried out.
- In the remaining area of protected rights of way the width of the right of way is reduced, from 100 meters to 20 meters, in population areas not considered as urban land but whose characteristics are those of urban land, such as for example developed areas up to 1988. The new constructions, in the case of demolition, should comply to the regulations of this law. We understand, therefore that the authorization of works of repair, improvement, consolidation and modernization, with prior fulfilment of the requirements concerning energy efficiency and saving of water, indicates the intention of the legislator to preserve the environment as well as to avoid the deterioration and ageing of the buildings in the areas of rights of way.
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