As to Necessity and The Major Guidelines to the New Land Usage and Assessment Act

Abstract

The paper undertakes an analysis of those causes and effects that have given rise to a need for a new land Usage & Assessment Act for the entire State. Proceeding from the fact that among all other European States, the relative price of land in Spain most adversely affects housing prices and that the structuring to previous city and territorial legislation brought on an artificial scarcity of building ground, the author, after also indicating that the Constitutional Court had found against the 1990 Real Estate Act and its conjoint text of 1992 on the grounds of the anti-constitutional nature of some of the powers therein severally claimed, then puts his hand to a break down of previous inadequacies (over-complexity, rigidity, in-built intervention) to then suggest remedies (a new mode of land rating that would allow for a real liberalizing of the same, realistic rate surveying etc., suggestions that have indeed gone into the resolving of these and other associated problems in the new Bill. In so doing, the author gives a succinct digest of both the content and aims of the major innovations offered in this fresh model fbr Real Estate as offered by the new Act which, notwithstanding, is also here seen to be most scrupulous in its rulings as to the competencies proper to Autonomous Regional Governments, a thing that the previous act signally failed to be and which proved its undoing, these rulings, in their due respect, bearing witness to the new Law's being drawn up with the point by point agreement of said Governments.