La regulación de la intervención sobre la ciudad existente en el Derecho Urbanístico Español. Su incidencia sobre el Derecho de Propiedad

Abstract

The need to intervene on the existing city, to regenerate it, is articulated in Spanish urban planning law through the new figures of urban regeneration and renovation actions and allocation actions. In contrast to the previous situation, where the Administration could intervene in an existing city through the limited figure of the Special Interior Reform Plans and the figure of expropriation, this intervention is now permitted, making it possible to transfer the costs of these interventions to the owners. Given that the rights and duties of the owners affected in the different actions are substantially different, it is necessary to identify criteria for use that provide legal certainty, in view of the confusing position of the Supreme Court.