Some legal considerations on the duty to reserve land por public housing in urban planning legislation in the light of the most recent case law

Abstract

This article analyzes the content of two recent Supreme Court rulings in which, upon hearing two cassation in which two final approval agreements of development planning instruments were challenged, it analyzes the cases in which the provision of a land reserve for housing subject to a public protection regime of the revised text of the law on land and urban regeneration is applicable.
In the light of these rulings, a brief analysis is made of the figure of the land reserve and the system of distribution of powers in matters of urban planning. It also makes a brief review of the evolution of the jurisprudential position on the possibility of imposing urban development charges on owners of consolidated urban land, as well as the new conception of urban planning, which seeks to promote urban regeneration as opposed to the expansion of the cities of the traditional model of Spanish urban planning.