Law 7/2021 (LISTA) for the promotion of territorial sustainability in Andalusia (Ley de suelo de Andalucía).

Law 7/2021 (LISTA) establishes the basis for a new legal regime for territorial and urban planning in Andalusia; which is not a revision or an update of Law 1/94 (LOTA) on Territorial Planning and Law 7/2002 (LOUA) on the Urban Planning, but a derogation of the aforementioned laws, in order to implement a new legal regime, which must be completed with regulatory development within a period of  six months, with aim of completing hierarchized, coordinated and harmonised legal framework in terms of territorial and urban development of Andalusia.

We value as positive, among others, the interesting new features of Law 7/2021 (LISTA):

– The harmonisation of territorial and urban planning.

– Simplification of procedures for the approval of territorial and urban planning instruments.

– A planning system appropriate to the size of small municipalities.

– Replacement of the current General Urban Development Plan (PGOU) by two new planning instruments: the Municipal Development Plan (PGOM), which will regulate the structural development of the municipality, and the Urban Development Plan (POU), which will regulate the detailed development of the municipality.

– Recognition of the full competence of Municipalities in the approval of urban planning instruments, respecting the principle of local autonomy.

– Modulation of the invalidity of territorial and urban planning instruments.

– Legal regulation applicable to irregular buildings considered individually, and in turn, establishing a treatment by means of Special Plans for environmental and territorial adaptation, for groups of irregular dwellings and, finally, considering the incorporation of these irregular buildings into the city model via municipal urban planning instruments, where appropriate.

– Promoting the economic base of rural areas