Need to regulate compensation for the loss of the ability to participate.

Abstract

The nullity of the valuation technique corresponding to the Compensation caused by the loss of the Ability to Participate in the New Urbanization Actions, a decision adopted by the Constitutional Court in its Sentence 218/2015, of October 22, justified by a controversial legal argument, has created a transcendental “legislative gap” by transferring the application methodology to the good judgment of the land appraiser as long as the Government did not incorporate a new regulation that would “fill” the existing legal void.

After nine years, a Reform Project of the current state law has finally been formulated that incorporates a new valuation regulation of the aforementioned Compensation that, in the opinion of the author of this Article, should be considered favorably as it adapts, both to the content of the Sentence, as well as the socioeconomic reality that characterizes real estate activity.