Recently, we published a first article on how the recent regulation of flood areas in rustic land would affect. Since we only talked about its impact on rustic land as it is the most affected classification, we will now discuss the impact of this rule on urban and developable land.
To begin, the rule speaks of flood zones and preferential flow zones. Although the first definition (flood zones) is easy to understand, the preferential flow zone is that area constituted by the union of the zone or zones where the flow concentrates preferentially during floods, or intensive drainage route, and the area where, for the 100-year return period flood, serious damage to people and property can occur. Both zones will be delimited by hydrological or hydraulic studies.
But how will these plans affect urban land?
I.- For new buildings: According to Article 68 ter of Law 12/2017, new buildings and associated uses on urban land should generally avoid the preferential flow zones or flood zones delimited by hydrological or hydraulic studies approved by the Administration.
Exceptionally, if a new building must be located on urban land affected by flood risk, an exceptional regime provided according to the specific regulation will apply. Additionally, compensation for that limitation is foreseen, consisting of the modification of urban planning parameters, provided that the constructions are not classified as Assets of Cultural Interest (BIC).
II.- Conversion of Premises: The Decree Law prohibits the conversion of existing premises into dwellings if these are located within preferential flow zones or flood zones.
III.- Other constructions on Developable Land: The new non-residential, tourist or mixed developable sectors can be located in flood zones that are not of preferential flow, provided that they are destined for hydraulic infrastructures or other equipment promoted by public administrations that are not considered sensitive or essential.
Equipment and Infrastructure Services: Their location will be allowed in flood zones that are not of preferential flow, provided that they are not considered sensitive or essential according to article 14 bis of the Public Water Domain Regulations.
Finally, we understand that the obligation to inform will apply in case of sale of properties located in these zones. Owners, and especially real estate companies and their agents, must inform buyers clearly and reliably about this circumstance in real estate transfer operations.
In conclusion, this rule highlights that the administration has adopted a strict position regarding flood and preferential flow zones, both in urban and developable land. As happens with rustic land, although there are exceptions, limitations and compensations, it is recommended to pay close attention to the purchase of real estate in areas affected by flood risks. The regulations establish restrictions on new buildings, prohibitions on the conversion of premises and specifications for non- residential constructions on developable land.
