New regulation regarding the intervention of the public administration in the management of town planning actions in the city of Madrid

Written on 3 Nov 2016

Madrid Town Hall asks citizens to make regulatory proposals to be implemented in the draft of the Municipal Regulation on the Intervention of the Public Administration regarding Management of Town Planning Actions.

Madrid Town Hall has drafted a new Municipal Regulation on the Intervention of the Public Administration regarding Management of Town Planning Actions. If this Municipal Regulation is finally approved, the two applicable municipal regulations (Municipal Ordinance on Processing Town Planning Licences, dated 23 Dec 2004, and Municipal Ordinance on the Opening of Establishments which performs Economic Activities, dated 28 Feb 2014), will be repealed.

The draft of this Municipal Regulation is aimed at recasting the current urban planning regulations in the city of Madrid in order to adapt the legal regime to the new Law 39/2015, dated 1 Oct, on Common Administrative Procedure and to the principle of administrative simplification (Services Directive, Sustainable Economy Spanish Act and Spanish Law on the Market Unity Guarantee).

According to the draft of the Municipal Regulation and to its Regulatory Report, these are the most relevant legislative proposals:

  1. There are more scenarios in which a “Responsible Declaration” and a “Prior Communication” are required, as a consequence the cases in which a “License” is mandatory will be reduced.
  2. Deadlines to complete administrative formalities are shortened. In particular, processes will speed up where the applicant carries out the formalities before the Madrid Activity Agency.
  3. The result of the mandatory reports of the collegiate bodies (i.e. Madrid Commission of Historical Heritage) may be communicated orally or by telematic channels.
  4. There is an innovative regulation on the different types of town planning consultations before Madrid Town Hall. The uses of electronic means such as communications via internet are encouraged.
  5. No changes are applied to the roles of the Planning Collaborating Entities. However, in the public consultation provided by Madrid Town Hall there is a proposal to extend their competencies in order to facilitate management in projects that individuals carry out in their homes or other similar situations.

Below please find information provided by Madrid Town Hall in order to submit the proposals:

  • Deadline: 24 Nov 2016.
  • Method of submission: there is an online forum on the public consultation platform (only Spanish language available): https://decide.madrid.es/proceso/licencias-urbanisticas
  • Who can submit allegations: natural persons who were aged over 16 and are registered in the population census of Madrid Town Hall. Also, companies and associations that may be affected by the future adoption of the new Municipal Regulation (article 5.2 of the Madrid Town Hall guidelines regarding public consultations).