Urbanism

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Practice Areas|

URBANISM

Today, urban planning reached a global perspective by growing into a multidisciplinary study comprised of a variety of sectorial knowledge, led a common goal of improvement of the material conditions of human life by reforming, expanding and developing populations or by establishing new settlements.

From a legal point of view, urban planning comprehends several branches of our legal system, both public and private, including not only intern law but community law as well. This disciplinary and regulatory framework confluence, the complex distribution of powers and the conflicting public policies on urbanism make it one of the most complex disciplines of all, both materially and procedurally. 

Therefore, any legal advice and/or any intervention in urban planning demands a high level knowledge and a remarkable experience.

COMAS’ personnel meet the knowledge, educational and professional experience requirements in urban planning, resulting in a solid performance of the tasks entrusted.

 

Urban planning 

COMAS’ legal and technical urban planning services include:

    • Drafting of urbanistic reports and legal opinions.
    • Drafting and making specific modifications to general planning instruments
    • Provision of derived planning instruments (urban planning partial plans, partial boundary plans, special planning, urban improvement planning). Delivery of detail studies, if any.
    • Cataloguing the goods for which protection is sought and the nonurbanizable ground constructions.
    • Technical assistance in all general and derived planning transaction matters.  
    • Formulation of allegations in the transaction of the planning instruments.
    • Drafting of urbanistic collective agreements. 
    • Legal defense of our clients’ interests in an administrative court.
    • Urban audits. 

 

Urban planning management 

Sometimes, a juridical intervention in the planning execution phase demands the involvement of a multidisciplinary team, working not only from a legal perspective but also from architectural and engineering perspectives as well. The same applies  to the planning execution, when erected as an eminently operative public function, destined to impel, promote and direct both the urban transformation process and the land entitlement adjustment allowing the preexisting reality to change and making the planned territorial model effective.

In close collaboration with the professionals of the areas mentioned above, COMAS law firm acts as a legal advisor in all urban planning management matters:  

The firm’s urban planning management tasks are:

    • Formulating re-parceling projects.
    • Legal and technical assistance in the negotiation process between individuals and the Administration and between owners, on the subject of the execution of the urbanistic plans. 
    • Assistance in the action of the Compensation Boards and other urban planning contributing entities.
    • Assisting individuals in the defense of their rehousing rights.
    • Polygonal divisions.
    • Both administrative and administrative litigation interventions concerning urban management.

 

Urban planning discipline 

The Urban planning discipline is one of the pillars of urbanism, along with planning and urban management, and comprehends the set of legal techniques designed to protect the regulations and the urban planning.

The exercise of administrative powers with sanctioning and urban legality restoring purposes quite often causes serious conflicts whose solution requires an extensive legal knowledge.

COMAS law firm offers its clients, whether they are public or private, the following urban planning discipline services:

    • Legal assistance on procedures concerning suspension of works and actions in progress without license, or order of execution,  together with noncomplying actions.
    • Legal assistance regarding urban legality restoring procedures. 
    • Legal advice on execution orders and ruin suppositions. 
    • Legal assistance on urban planning sanctioning procedures.
    • Legal consultancy regarding compensation for damages and prejudices procedures.
    • Legal Assistance in forced execution procedures and imposition of coercive sanctions matters.