INHERITANCE tax for estates of less than €1 million has been scrapped in Andalucía where the beneficiary is a spouse, parent or child. The region has just approved its provisions for next year's budget, and the...
Redistribution of Plots
Redistribution is the urban transaction that consists of re-dividing properties in accordance with the planning approved in the PAI and allocating them to the owners in proportion to their respective original rights. In other words, it is the grouping of the properties affected by a PAI in order to make a new proportional redistribution according to the Plan.
The Redistribution of Plots, in this sense, is a legal instrument that solves several legal operations in one single act. Namely, the grouping of properties, segregation of properties, allocation of plots to the owners, boundary regularisation, fair and equal distribution of the costs and charges of the project, and, finally, the transfer of the roads, plots for public facilities and the corresponding building coefficient to the Town Hall. Its precise content will have a wider or narrower scope depending on the conditions of the Sector or Unit of Execution (it can include all the stated operations, only one or some of them).
The approval of the PAI binds all the affected areas to the Redistribution, and the Town Hall is not allowed to grant licenses for the division of plots or building permissions until the Project of Redistribution becomes finally approved and is not subject to appeal.
The Redistribution of Plots can be carried out voluntarily (with the agreement of all the owners affected) or by force (by either the Town Hall or the Developer) .
The area to be redistributed is defined in the same project of Redistribution of Plots, and normally it coincides with the area delimited in the PAI (although it does not have to coincide necessarily with the Unit of Execution).
The forced Redistribution of Plots must achieve:
a) The fair and equal distribution of the benefits and the charges derived from the planning, including urban development and management expenses.
b) The location of the building coefficient in building sites, in accordance with the planning.
c) Allocation to the Municipality (and, if appropriate, the developer) of the areas of obligatory and free transfer.
d) The forced exchange (if agreement has not been reached), of the original plots for new building sites.
e) Regularisation of the boundaries of all the plots in accordance to the plan.
According to the criteria used for Redistribution of Plots, the allocation of the resultant plots or building sites will take place in accordance with the complete individual building coefficient, leaving the allocated plot subject to urban development charges or, when paying in plots, with deduction on behalf of the above mentioned coefficient, with adjudication to the Developer of the proportional building coefficient as compensation for his work.
Procedure for Approval of the Redistribution of Plots Project.
The procedure of approval of the Redistribution Project is as follows:
a) The project must be open for public scrutiny for a minimum period of twenty days.
b) Accreditation of ownership and circumstances affecting the initial properties through a certificate issued by the Land Registry.
c) Notification for fifteen days given to registered owners who had not been advised either through error or misinformation regarding the project of Redistribution of Plots.
d) A 15 day period of appeal for those parties affected by alterations in the project made after publication of its contents.
e) Owners requests put to the developer, within the period of public information, to clarify controversies with regard to the original rights assessments, and Developer's response.
f) Reciprocal requests between parties that have been allocated properties under a condition of co-ownership, in order to avoid this situation, if possible.
The Redistribution of Plots Project must be approved within three months from the date the Developer presents all the relevant documentation. The project is considered approved
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