On the Applying of Open Tendering to the Putting both to and into Use of Urban Land

Abstract

The author takes that the ground breaking new system for regulating the putting to and into use of urban development ground through open tendering that was established by Law 6/94 as to the Regulation of City and Territorial Planning in the Valencia Autonomous Community has already been widely noted in Spain as much for its theoretical content as its practical applications. The author feels the same could not be claimed for that part of the same enactment that deals with urban land as such, even though the legislation in question holds to the same approach albeit adapting this to the specifics, be they legal or planning, that must apertain to the land to be regulated. Feeling so, the author offers an explanation of the tools and techniques the Valencian Act as well as the Bill for a City and Territorial Planning Act of The Castile- Manchego Autonomous Regional Govt. envisage for the task of putting or doing up buildings in the city in keeping with planning directives, said instruments being anchored upon an optimum agreement as between Administration, Builders and Owners. Such agreements are here described as being ad-hoc and offer open and thus, while meeting the strict requirements of each case, yet are still very much in keeping with the social and economic customs of those involved in the building sector. They are here seen as allowing an element of free competition into the building process and thus of breaking through, at least in the final phase, that monopolistic rigidity till now so common to the city land market and most especially where the city had longest been established.