Regularization of housing in the Valencian Community

Do you have an unregulated home in the Valencian community?

In this post, we tell you how to regularize housing in the Valencian Community with a new official instrument: The Procedure for minimizing territorial impacts, for the declaration of an individualized situation (DSI).

La Law 1/2019 on Spatial Planning, Urbanism and Landscape offers both municipalities and individuals an instrument for the regularization of irregularly built buildings on undeveloped land, in exchange for a series of improvements being made to the management of these houses, in a procedure called”minimization of territorial impact”.

This regularization of housing has undeniable advantages for homeowners, among which we can highlight:

• You can exercise all the real rights that you could not before, such as purchase/sale, mortgage request, inheritance...
• Revaluation of property.

What is the minimization of environmental and territorial impacts?

As indicated above, minimization is an administrative procedure that is enshrined in Law 1/2019, and whose main function is to avoid or reduce the impacts that irregular housing produces on the territory and the environment.

It does not involve land reclassification or any legal transformation due to planning.

Among the measures to be included in the project for minimization would be the inclusion of systems for water purification and waste collection, as well as measures to improve the road network, or safety with respect to flood or forest fire risks.

Depending on the density of existing houses in the area, the type of processing will be different

If the housing density is less than 3 houses per hectare, the processing would be through the procedure of individualized status statement (DSI) to minimize territorial impact.

If the density is greater than or equal to 3 homes per hectare, the processing is by a collective procedure, through a Special Plan for Minimizing Territorial Impact (PETIM). The PETIM case is a more complex procedure, in which the Urban Planning DG is already involved as a substantive body, in addition to the environmental body.

In the case of densities greater than or equal to 3 homes per hectare, and if the house is part of a group of less than 10 houses, you can choose one or the other procedure (DSI or PETIM).

How is the Individualized Situation Declaration Procedure (DSI) processed?

First, the owner of the property asks the City Council to declare an individualized situation for the minimization of territorial impact (DSI).

The City Council, as a substantive body, verifies compliance with the criteria necessary to begin the processing of the procedure, mentioned above. If the criteria are met, the owner is notified, and it is established that he must submit the following technical documents

• Landscape Integration Study.
• Analysis of environmental-territorial conditions and corrective measures.
• Basic project.

The Municipal Plenary, for its part, must issue a resolution granting the Declaration of Individualized Situation, and the Request for a License must be made by the developer to carry out the minimization project.

From the development of landscape and environmental analysis documents, the main territorial impacts produced by construction will be established. And through the basic project, the foundations must be established to minimize these impacts.

What are the main actions and service provision works to be carried out in the house to complete the process of minimizing impacts?

Service provision works will be understood as minimization works and will be the necessary actions to reduce the impacts of housing on undeveloped land.

These measures may include the following:

• Improved access and roads.
• Sanitation conditioning and drinking water supply.
• Waste collection system.
• Power supply and lighting.
• Mitigation measures against flood risks.
• Forest fire prevention measures.

When does the process end?

Although the DSI is adopted by agreement of the Plenary of the City Council (or Local Government Board), it is a procedural act, not a final act of the procedure. It is simply a “qualified admission to processing” of the individualized minimization procedure.

The owner must request the minimization license and carry out the actions and equipment works provided for in the execution project.

The building conditions of the license will be those decided by the city council, which may be different in each case. We are in a procedure that involves a detailed analysis of the existing situation in each house.

At IDEAS MEDIOAMBIENTALES we have a large workforce, with experience in carrying out this type of documents and procedures. Do not hesitate to contact us if you are interested in more information.

What is the procedure for regulating irregular housing?

As defined in the reference legislation, in order to access the regulatory procedure, three previous criteria must be met, such as:

• Criterion 1: The buildings are in the SNU, common or protected.
• Criterion 2: Farms preserve a subdivision of rural characteristics.
• Criterion 3: Buildings are completely finished before August 20, 2014.

If the plot or housing group that is intended to be regularized meets the three previous criteria, the procedure for minimizing territorial impact can be accessed.

Alejandro Redondo, Environmental Assessment