Economic viability of urban transformation actions. The principle of profitability of planning and articles 9, 33 and 47 of the Constitution

Abstract

The attribution of urban planning charges to land owners is consistent with the social function of property proclaimed by article 33 of the Spanish Constitution and European Regulations, but finds its limit in the essential content of the fundamental right to property proclaimed by article 1 of the 1st Additional Protocol to the European Convention on Human Rights. In turn, the principle of equidistribution imposes a balance in the distribution of the burdens derived from the Plan, proportional to the benefits it generates and conditions the community's participation in the land value increases provided for in article 47 of the Constitution.. The urban transformation actions of the Land Legislation cannot ignore the principle of profitability of Planning, which is part of the economic viability required in planning and is transferred to management. Sometimes, Administrations make decisions to reform or develop cities that impose unbearable burdens on those affected without sufficient benefit to face them. This article tries to analyze the limits of attributing charges to owners or promoters for planning and management, from a constitutional perspective, which is binding on everyone, although, sometimes, public powers forget it.