Urban planning has always been a fundamental function of the State as the primary organization in the history of human civilization.
What is urban planning law?
This concept refers to the need to continue the development of settlements or cities in an orderly manner and in compliance with regulations that have obviously changed from period to period, but which ultimately tend to respond to the state of the art on the matter, guaranteeing principles such as the public and ecological function of property, the prevalence of the general interest, the equitable distribution of burdens and benefits, among others.
Urban development law in Colombia
In Colombia we have not been the exception to this general rule, and in modern times, namely since the issuance of Law 388 of 1997, we have a system that works in general terms as follows:
1. Territorial Planning
It is carried out at the municipal level, seeking to guarantee the aforementioned principles. Likewise, this system aims to conduct the exercise through a local body elected in a popular or democratic manner, with technical components from both substantive and procedural perspectives.
2. POT (Territorial Planning Plan)
The most general and important instrument to achieve these objectives is called POT (Territorial Planning Plan), PBOT (Basic Territorial Planning Plan), or EOT (Territorial Planning Scheme), names that vary depending on the population of each municipality.
3. Periodicity of the POT
These plans are long-term and establish in a general manner the land uses, densities, burden and benefit schemes, among a wide range of other relevant and necessary matters for planning.
However, it must be clarified that these schemes alone do not achieve territorial development, as they are ultimately too general. For this reason, other more specific instruments are required, known as partial plans or even urban planning licenses in their various types, to achieve that final objective.
4. Urban Planning Licenses
They are the final link in the territorial planning chain, but are probably the most important of all, as they materialize the higher-ranking regulations, granting specific rights and obligations to builders and developers of the territory.
5. Legal Counsel According to Urban Development Regulations
Based on the foregoing, it is clear that every real estate development project must take into account each of the aforementioned regulations, from the most general to the most specific. Hence the importance of developing these projects from a multi- and interdisciplinary perspective, with the presence of attorneys specialized in urban planning law who are familiar with the specific regulations of the municipality that will receive the development.
6. Legal and State Entities
The public entities related to this system are: the mayor’s offices, municipal councils, planning secretariats, and where they exist, the curatorships.
7. Legal Framework
However, as is usually the case with the entire legal system, the application of all these provisions has been modified in various ways. Today, for example, we cannot speak of the full validity of Law 388, given that there are a great variety of regulatory decrees that complement and modify it.
At the same time, the practical application of the regulations has been very complex, and where order should prevail, chaos and lack of control or updating have sometimes prospered, a matter that is much more evident in the rural sectors of the country, which brings us to the final point.
Why is it important to seek legal counsel when building or investing in housing or real estate?
Having the support of attorneys specialized in urban planning law allows for the correct interpretation of current provisions, adaptation to their constant changes, and avoidance of errors that can result in sanctions, delays, or even project infeasibility. Furthermore, it ensures that real estate development complies with both local regulations and constitutional principles, guaranteeing orderly, sustainable urban growth in harmony with the general interest.
At Cuadro Legal, and understanding the needs of the current context in Medellín and Colombia, we have attorneys specialized in Urban Planning Law who will accompany you throughout the entire process.
