Rights and duties on rustic land

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Rights and duties of rustic land ownership.

1. The urban content of the property on rustic land includes the rights of disposition, use, enjoyment and exploitation of the land, which includes the precise acts for the development:

a) Of the ordinary uses that, in accordance with the provisions of this Law, are not prohibited by territorial and urban planning, being subject to the limitations and requirements imposed by the legislation and planning applicable by reason of the matter.

b) Of the extraordinary uses that, in accordance with the provisions of this Law, could be authorized in this type of land.

2. It also includes the right to participate in urban transformation actions under the terms established in this Law, its development regulations, as well as in the territorial and urban planning instruments.

3. In specially protected rural land and in preserved rural land, the rights recognized in section 1 will be subject to the defense and maintenance of the values, aims and objectives that motivated their protection or preservation in accordance with the regime established in the legislation and corresponding sectoral, territorial and urban planning. The determinations of the Natural Resources Management Plans will prevail over the rest of the management instruments in accordance with the basic state legislation.

4. The urban content of the property on rustic land includes the following duties:

a) Preserve the land, in the legally established terms, devoting it to the ordinary uses of this type of land or, where appropriate, to extraordinary uses that may be authorized, contributing to the maintenance of the environmental and landscape conditions of the territory and to the conservation of existing buildings in accordance with their legal regime, to avoid risks and damages to third parties or to the general interest.

b) Request licences, present responsible declarations or prior communications and, where appropriate, prior authorizations, both for ordinary uses and for extraordinary uses, as well as for any act of segregation or division, in accordance with the provisions of this Law and the corresponding sectorial legislation, and comply with the regime corresponding to said authorizations.

c) Those inherent to urban transformation actions on common rustic land, when appropriate, in accordance with the provisions of this Law and in the territorial and urban planning instruments.

d) When the rural land is not subject to the regime of an urbanization action, the owner will have, in addition to the provisions of the previous sections, the duty to satisfy the patrimonial benefits established in this Law to legitimize the extraordinary private uses, as well as that of paying for and, where appropriate, executing the connection infrastructures of the authorized facilities and constructions with the general service networks and delivering them to the competent Administration for their incorporation into the public domain, when they should form part of it.

e) When the common rustic land is included in an urban transformation action, the owner must assume, as a real charge, the participation in the legal duties of promoting the action in a regime of equitable distribution of benefits and charges, as well as allow the occupation of the assets necessary to carry out the works, where appropriate, to the person responsible for executing the action, in the terms established in this Law and in the territorial and urban planning instruments.



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