Difficulties in the practical application of the legal criteria for the classification urban land: a review of the conventional approaches of instruction n.o 12 and the provincial subsidiary guidelines in rural Spain

Abstract

Despite the long Spanish history in terms of land legislation and urban planning, there are still many small rural municipalities in Spain that lack a municipal urban Master Plan, so that reflecting on the legal criteria for the classification of urban land remains a relevant question. Completing the analysis carried out on the legal criteria in force in the regional urban planning regulations (De Santiago and González, 2020), this article reviews the difficulties in the practical application of these legal criteria, in particular the criteria of effective provision of urban services and the consolidation by buildings. To carry on this task, the criteria and proposals of Instruction No. 12 and the Provincial Subsidiary Regulations are reviewed, comparing those of 20 Spanish provinces. This review aims to identify novel approaches in order to complete the numerous gaps and deficiencies found in the regional regulations on the classification of Urban Land, proposing some ideas for their future revision.