Evolution of the right of property in Spain regarding the conservation obligations in the urban law since 1956 to 2018, from the classic triad to acting on the urban environment

Abstract

Objective

Property conservation mandatory requirement is one of the most unfulfilled obligations by all the stakeholders of our society. Everyone invokes rights, but, what about obligations? That is why the right of property must be analyzed.

Methodology

This article aims to analyze and demonstrate that the evolution of the qualitative (scope) and quantitative (limit) regulation of property has not remained invariant since the Land Law of 1956. At the same time, regional urban laws are not homogeneous amongst the different regional urban regulations, and they are not adapted to the current national urban law either.

Conclusions

The right of property and with it, the conservation obligation, is currently an image of its social function, although it has been largely ignored and unapplied in the best of cases and even now when the urban fabric is showing clear signs of reaching the end of its life-cycle. Facing to this reality, the recent legislative innovations compiled in the Urban Rehabilitation, Regeneration and Renewal Act (2013), allow for the first time in the Spanish history, to articulate the actions of urban transformation regarding the obligation of property conservation.

Originality

This article, based on the legal and valuation norms analysis, focuses upon in the contrast and incidence of these regulations, in order to primarily define the current potential of them, especially for the urban regeneration and renewal interventions.