LEGISLATION

^{Decree 8912/77}

OF THE PROVINCE OF BUENOS AIRES

Reinstated law by Decree 3389/87 as amended by Decree Law No. 10128 and Laws No. 10653, 1076413127 and 13342.

LAND PLANNING AND USE OF LAND ACT TITLE I – OBJECTIVES AND PRINCIPLES

SOLE CHAPTER

SECTION 1.-This Act governs territorial land planning in the Province, and regulates the use, occupancy, subdivision and infrastructure of the land.

SECTION 2.- The fundamental objectives of land use are as follows:

1. To ensure environment preservation and enhancement through the proper organization of activities in the area.

2. To proscribe demeaning environment actions and correction of the effects of those already produced.

3. To create physical-spatial conditions that allow meeting the lowest economic and social cost, requirements and needs of the community in housing, industry, commerce, recreation, infrastructure, equipment, essential services and environmental quality.

4. To preserve areas and sites of natural, scenic, historical or tourist interest, for the purposes of education and rational use thereof.

5. To implement legal, administrative and economic-financial mechanisms which endow the municipal government with of the means that enable the elimination of speculative excess, for the purpose of ensuring that the process of planning and urban renewal takes place safeguarding the general interests of the community.

6. To enable organic community participation in the process of land planning as a means of ensuring that both at the level of the proposed formulation, as well as its performance, their interests, aspirations and needs are satisfied.

7. To encourage and motivate the generation of a clear community awareness on the vital need for preservation and protection of environmental values.

SECTION 3.- The principles of land planning are set forth below:

1. This shall be conceived as a continuous process in which a set of guidelines and legal provisions guide the decisions and actions of the public sector and harness the private sector in achieving predetermined goals, which shall be readjust on the basis of unforeseen changes experienced by reality on which it operates.

2. Municipalities shall carry this out in accordance with the objectives and strategies defined by the Provincial Government for the sector, and with the general and particular guidelines of provincial and regional plans of economic and social development of physical planning

3. In agglomerations, conurbations and urban regions, this shall be handled with an integral approach, since this exceeds jurisdictional divisions. Municipalities’ members thereof shall adjust the territorial scheme and classification of areas to the reality present in their territory. This action shall be addressed jointly among municipalities of each region, together with coordination at the provincial level.

4. The type and intensity of functional relationships that link together the different areas from each other shall be primarily taken into account.

5. The location of activities and the intensity and modality of land use shall be carried out with sound judgment, to prevent, and where possible, reverse critical situations, avoiding interrelationships of land uses that are undesirable.

TITLE II – LAND PLANNING

CHAPTER I – GENERAL CRITERIA

SECTION 4.- Individuals and legal public or private persons shall be subject to compliance with this Act, with the sole exception of reasons of security and defense.

CHAPTER II – CLASSIFICATION OF TERRITORY

SECTION 5.- I- Municipalities shall delimit their territory as follows:

1. Rural areas.

2. Urban areas and complementary areas aimed at locations related to extensive farming, forestry, mining and other uses.

The rural area shall include the areas aimed at locations related to extensive farming, forestry, mining and others.

The urban area shall include two subareas: The urbanized and semi-urbanized areas.

Complementary areas shall include the surrounding or areas adjacent to urban areas, functionally related. Urban and complementary areas form population centers and are integral parts of a territorial unit.II.- In the different areas, areas of specific uses according to the modality, type and local features may be located, and shall be as follows: Residential, urban and extra-urban, commercial and administrative, of agricultural production, fish processing, industrial and extractive, of idle and active recreation, reserve, expansion, transportation, communications, energy, defense, security, of recovery and other specific uses. The existence or non existence of areas, subareas or determined areas, as well the location of some of these, shall depend on the specific conditions and needs of each district or of each of its urban centers. The areas, subareas and zones, where appropriate, shall be divided into parcels, circulatory, and public green and open spaces.

AREAS AND SUBAREAS SECTION 6.- Definitions:

Urban Area: The intended for intensive human settlements where uses linked to residence, tertiary activities and sound production are developed.

Urbanized Sub-area: The sectors of the urban area, continuous or discontinuous, where utilities and community facilities exist, so as to ensure their full mode of life. The perimeters of this sub-area shall include all sectors served at least with electricity, paving, water and sewer. Semi-urbanized Sub-area: The intermediate or peripheral sector or sectors of the urban area, which constitute in fact a part of the population center for its usage as such, with part of the infrastructure service and the necessary equipment, which once completed shall become urbanized sub-areas. For this purpose, completion of the following shall be achieved as priority:

1. Infrastructure of services and community facilities.

2. Plot building.

Complementary Areas: Sectors surrounding or adjacent to urban areas, in which areas are delimited for reserves, extension of the same or its constituent parts, and for other specific uses.

AREAS AND SPACES SECTION 7.- Definitions:

1. Residential Area: The area intended to intensive human settlements or uses related to permanent residence and their compatible uses, located in the urban area.

2. Extra-urban Residential Area: The area intended to non-intensive settlements of usage related to non-permanent residence, located in full contact with nature in the complementary area or rural area. Country clubs are included in this area.

3. Commercial and Administrative Area: That area intended to uses related to government and service activity, located in the urban area.

1. Recreational Area: The area intended primarily to idle or active recreational activity, with appropriate equipment to such uses. This may be located in any area.

2. Industrial Area: The area intended to location of grouped industries. Industrial zones shall be established in any area. In deciding its location, its effects on the environment shall particularly be taken into account, as well as its connections to the main road network, provision of electricity, industrial wastewater and potable water.

Annoying, harmful or dangerous industries shall necessarily be established in industrial areas, located in complementary or rural sites, surrounded by forest curtains. Industrial Park is the sector of the industrial area provided with the infrastructure, equipment and utilities necessary for the settlement of grouped industries, and shall be surrounded by forest curtains.

6. Reserve Area: Delimited sector by virtue of a specific interest oriented to the common good.

7. Reserve Area for Urban Expansion: The sector that the municipality delimits, if necessary, in anticipation of future expansion of the urban area.

h) Recovery Area: The area which, in its current state, is not suitable for urban uses, but is recoverable through works or appropriate actions.

i) Recovery Area of living Dunes or Sandhills: Areas containing unfixed sand formations, either from wear of the platform or continental erosion.

j) Area for Specific Uses: The defined area for purposes of transport (inland, sea or river and air), communications, production or transmission of energy, defense, security and other specific uses.

SECTION 8.- Definitions:

a) Circulatory Spaces: Traffic routes for vehicles and pedestrians, which shall be clearly stated in the design planes.

Depending on the importance of its transit, or function, circulatory system of spaces shall be divided into:

1.- Internal Frame: Railways at ground, elevated and underground level; urban highways, main avenues, avenues, main, secondary and penetration and return streets; footpaths; public spaces for parking vehicles.

2.- External Frame: Routes of the backbone network, urban access, main or secondary roads.

2. Public Green and Open Spaces: The public sector (made ​​up predominantly of vegetation and landscape) which main function is to serve the community recreation and help purification of the environment.

3. Parcel Areas: Sectors for urban and rural plots; spaces for urban plots, given their purpose, shall be called buildable areas.

CHAPTER III – LIMITS AND DIMENSIONS

SECTION 9.- For the purposes of a better functional system, such areas may be divided into districts and sub-districts.

SECTION 10.- The areas, sub-areas, zones and urban spaces shall be delimited in accordance to uses.

SECTION 11.- For each urban center, population objectives shall be set forth in the respective regional plan, adopting, in the absence thereof, those resulting from the calculation in accordance with the trends. In accordance with these objectives, sub-areas and areas that make up the urban center shall be dimensioned; regulating land use for each district and block or section based on assigned population densities.

SECTION 12.- The design of the circulatory pattern shall aim at linking and integrating parcels and public green or open spaces, ensuring the safe and efficient movement of the means of transport. Its design shall take into account the interaction with areas and adjacent zones, differentiating the flow of pedestrian traffic. The system shall allow differential vehicular traffic, establishing dimensions pursuant to planned urban densities and uses, in accordance with the criteria of the most appropriate calculation.

SECTION 13.- Public green or open spaces of an urban center shall be dimensioned based on the potential population limit set forth by the Land Use Plan for them, taking a minimum of ten square meters (10 m2) of green or free area per capita.

Within that surface, small squares, squares and public parks shall be counted, whether communal or regional. Green spaces shall be conveniently distributed and located in each area or zone, at a rate of three and a half square meters per capita (3.50 m2/inhab.) for small squares, parks or neighborhood open spaces; two half square meters per inhabitant (2.50 m2/inhab.) for urban parks and four square meters per capita (4 m2/inhab.) for district or regional parks.

For the purpose of calculating the four square meters (4m2) for commercial or regional parks, the parks of said characteristics located within sixty miles (60 Km) may be included.

CHAPTER IV – THE PROCESS OF LAND OCCUPATION

A) Creation and expansion of urban areas or population centers. SECTION 14.- (Dec-Law 10128/83) The term creation of an urban center refers to the conditioning process of an area with the purpose of carrying out intensive human locations of uses linked to residence, service activities and production and supply compatible therewith, in addition to the set of regulatory provisions aimed at guiding the occupation of such area and the exercise of the above mentioned uses, in order to ensure the efficient and harmonious development thereof, and the preservation of environmental quality.

Where the creation or extension of urban centers is organized by the Province or Municipalities over properties that do not belong to them, and the respective owners do not assign the areas concerned or settle on the expected plan by themselves, fractions necessary for such purposes shall be declared of public utility for the purposes of expropriation

SECTION 15.- Any creation of an urban center shall meet a need well founded, be approved by the Executive at the proposal of the respective municipality, on the initiative of state entities or private developers, and be supported by a study that, in addition to consider the guidelines and provisions of the respective regional plan, including at least:

a) Justification of the reasons and needs that led to foster the creation of new urban center, with a detailed account of the main functions to be fulfilled within the system or urban subsystem which will become part of b) Analysis of the comparative advantages of the location chosen in relation to other potential and suitability of the site for settlements relevant to different uses.

3. Evaluation of the situation in the affected regarding use, occupancy, subdivision, and land infrastructure.

4. Evidence of the existence of sources of drinking water supply as much to meet the potential needs of the population to be served.

5. Verification of the actual feasibility of providing the new urban center of essential services for their normal operation.

6. Master Plan of the new urban center containing at least:

• Justification for the dimensions assigned thereto, as well as their constituent areas and zones, with indication of the proposed population densities.

• Circulatory frame and its connection to urban settlement system or subsystem to which will be incorporated.

• Rules on use, occupancy, subdivision, equipment and land building for its several areas.

-Utilities primary network.

– Location of green spaces and reserves for public use and its dimension as provided by this law.

g) Plan provided for the provision of essential services and provision of community facilities.

SECTION 16.- The term expansion of an urban center refers to the process of orderly expansion of their areas or zones, in order to fulfill unsatisfied needs or poorly satisfied of the activities related to the different uses therein fulfilled.

SECTION 17.- The expansion of an urban area shall respond to a founded need, be approved by the Executive at the proposal of the respective municipality, and shall be justified by a study that, without departing from the provisions and guidelines of the relevant land use planning, complies with the following measures:

1. That the proposed extension coincides with any of the axes of growth set forth in the respective urban plan and that adjacent areas or districts do not have more than thirty (30) percent of their parcels undeveloped.

2. Evidence of the existence of sources of drinking water supply in the quality and quantity to meet the total needs of the potential population to be served.

3. A careful evaluation of the availability of land for the development of urban uses and an adjusted estimate of demand that the foreseeable development of such uses would produce in the immediate future.

4. Suitability of the site chosen for the development of urban uses.

5. Evaluation of the situation in the affected regarding use, occupancy, subdivision, and land infrastructure.

6. Evidence of the actual feasibility of providing the chosen area with essential services and community facilities set forth in this Act

7. Master Plan of the expansion area including at least the following:

• Justification of the magnitude of the proposed extension.

• Proposed population density.

• Circulatory frame and its connection to the existing network. -Location and dimension of public green and open spaces, and state reserves.

h) Plan provided for the provision of essential services and provision of community facilities.

SECTION 18.- The expansion may be set forth without completion of the provisions of the second part of paragraph a) of Section 17 if an integral operation is carried out, and the same would comprise, in addition to the requirements set forth in the previous article, those stated below: 1.- Authorization of new urban plots equipped with all essential services and community facilities established by this law. 2.- Construction of buildings in the whole plots. 3.- Opening and assignment of several spaces equipped with full urban infrastructure (pavement and service networks.)

4.- Construction of paved main route linking the extension with the existing circulation frame.

Also, new buildable spaces may be authorized even without having covered the degree of construction set forth, when the municipality verifies generalized situations that result in the absence of housing supply or the excessive prices of those offered. Similarly, extensions may be authorized when urbanization of unusable areas for other uses as a result of their physical conditions is offered, and by applying methods of recovery. In the situations described in the preceding paragraph, those measures required in the first part of this section shall be satisfied, except for the construction of buildings in the entire plots. Only by exception new buildable spaces may be authorized provided that they imply exceeding the population limit that the plan of land use would have expected in each urban center.

B) Creation and expansion of areas of specific uses

SECTION 19.- The creation or expansion of an urban area of specific uses shall respond to a founded need, be approved by the Executive at the proposal of the respective municipality, be located in suitable place for such purpose, and meet the guidelines and provisions of the relevant Municipal Land Use Plan, and comply with current legislation relating to the use in question.

C) Restructuring of urban centers.

SECTION 20.- Restructuring of areas or zones of an urban center shall mean the process of adjusting the layout of its constituent areas towards a substantial change in the rules which governed them in terms of use, occupancy, subdivision and infrastructure.

SECTION 21.- Any project for restructuring of the constituent areas of an urban center shall be duly founded and approved by the Executive at the proposal of the municipality.

D) Miscellaneous provisions.

SECTION 22.- For the performance of future expansion, reserve areas may be demarcated. Such action shall not imply an automatic approval to conduct the change of use or alterations or restrictions of the existing use, as long as their exercise shall not cause effects which impede the subsequent change in land use.

Authorization of the areas planned for extension shall take place gradually, by affecting areas of extension provided to the planned need.

SECTION 23.- Only urban centers and areas with specific land uses with dunes or sandhills that are fixed and forested in accordance with the provisions set forth in provincial legislation on the subject may be created or expanded.

In such cases, the natural topography of the area shall be preserved and shall be adopted in the topographical solutions project which ensures proper drainage of storm water. The type of use, intensity of occupation and parceling admitted shall guarantee the permanence of the fixation and forestation.

SECTION 24.- (Law No. 10764) The name of the new urban centers shall be set forth by the Legislature, preferring for that purpose those relating to the geographical region, historical facts connected with the place, memorable events, as well as names of people who, for their service to the Nation, the Province, the Municipality or Humanity, have made ​​them worthy of such distinction.

The changes or modifications to the denomination of urban areas shall be set forth by the Legislature at the proposal of the municipality with jurisdiction over them, respecting the guidelines outlined in the previous paragraph.

TITLE III – USE, OCCUPANCY, SUBDIVISION AND INFRASTRUCTURE OF LAND

CHAPTER I – LAND USE

SECTION 25.- Land use shall mean, for the purposes of this law, the destination established for such land in relation to the range of human activities developing or which has the maximum possibilities of developing in a territorial area.

SECTION 26.- (Decree Law 10128/83) In the planning of each municipality, land use shall be distinguished in urban, rural and specific uses. Urban uses shall be deemed those mainly related to residence, recreation, services and compatible industrial activities. Rural uses shall be deemed those basically related to agricultural, forestry and mining production. Specific uses shall be deemed those related to industrial activities, transport, communications, energy, defense and security, etc.., which take place in zones or sectors destined to such uses exclusively or in which they are absolutely dominant.

SECTION 27.- (Decree Law 10128/83) For their current or future allocations to any area, a particular use or uses shall be assigned. At the time of the allocation, restrictions and constrains to which the exercise of such uses are subject to shall be carried out.

In zones of the urban area, as well as in the extra-urban, industrial residential areas and those for specific uses of the complementary and rural areas, restrictions and constraints resulting from the aspects detailed below, which are independent of each other with the zone, with the whole urban area, and with its external projections, shall be set forth;

1. Type of land use.

2. Extension of land occupation (F.O.S., Land Use Factor)

3. Intensity of land use (F.O.T, Total Occupation Factor) and, depending on use, the density.

4. Subdivision of the land.

5. Infrastructure of services and community facilities.

SECTION 28.- (Decree Law 10128/83) In each area, whatever the area to which it belongs, all uses that are compatible with each other shall be allowed. Nuisance, harmful or dangerous uses shall be located in special districts, with minimum separation to be determined in accordance with degree of danger, nuisance or capacity of environment pollution.

SECTION 29.- (Decree Law 10128/83) When delimiting areas in accordance with uses, the concentration of related activities in relation to their location and scale of services provided shall particularly be taken into account.

SECTION 30.- (Decree Law 10128/83) In zones of the different areas, the dimensioning of the plots shall be determined by the type, intensity and manner of exercise of the several uses allowed therein.

SECTION 31.- (Decree Law 10128/83) Once the use or uses have been assigned to a zone of a urban area, or to a residential, extra-urban zone, the average gross density thereof shall be set, and the average net density relevant to buildable spaces. Also, minimal surfaces to be used for green areas for public use, essential services and the necessary social facilities shall be set forth, so that the assigned uses may be exercised at the level allowed by the conditions of urban type.

CHAPTER II – INTENSITY OF OCCUPATION

SECTION 32.- Three categories shall be differentiated in the intensity of human settlement in the territory: 1.- Dispersed population. 2.- Grouped population. 3.- Semi-grouped population.

The intensity of occupation shall be measured by the population density per square meter

Gross population density means the relationship between the population of an area or zone and the total surface thereof.

Net population density means the relationship between the populations of an area or zone and the surface of its buildable spaces, i.e., free of circulatory and green public spaces.

SECTION 33.- Dispersed populations areas correspond to the rural area, where the predominant building is housing, and typical rural farm buildings.

The average gross density of population shall be less than five (5) inhabitants per hectare.

All residential construction projects in rural areas that cause higher densities than the ones set forth, except when they are linked to rural development, shall be deemed a change of use and subject to the appropriate prior approval.

SECTION 34.- Areas of semi-grouped population correspond to rural colonies, and to other locations of very low density. The gross population density may range from five (5) to thirty (30) inhabitants per hectare.

SECTION 35.- Areas of grouped population correspond to urban areas and their predominant building is individual or collective housing with complementary buildings, necessary services and equipment, which together make up the comprehensive population housing

Each zone member of an urban area shall be assigned its net and gross density.

SECTION 36.- The average gross density for the entire urban area shall not exceed one hundred fifty (150) inhabitants per hectare.

SECTION 37.- The maximum net population density for different and complementary urban areas, except country clubs shall be:

1.-Partly equipped with amenities:

Urban and suburban residential and commercial: Sectors with existing plots at the date of effectiveness of this Act that lack water and sewer, the result of a house per plot; where there is running water but no sewer, any use, one hundred fifty (150) inhabitants per hectare.

However, where appropriate, the municipality may mark a higher potential density, which may only be realized with the provision of the respective services. 2.- Fully equipped with essential services: Residential: One thousand (1000) inhabitants per hectare. Extra-urban residential: A hundred and fifty (150) inhabitants per hectare.

Commercial, administrative and similar areas, excluding spaces for public events: Two thousand (2000) inhabitants per hectare. In areas with sewers, the maximum density shall be limited by the capacity and quality of the source of drinking water.

The net density for each block shall be established regardless of the result of the existing buildings and shall be applicable to each parcel because of new constructions.

SECTION 38.- The population density being assigned to an area, subarea, zone or unit surrounded by streets in compliance with established usage shall also be directly related to the availability of public green and open areas and the provision of public services and parking which effectively exists. It may, however, provide an optimal density greater than the current one, which may become effective at the time where all the conditions are met.

SECTION 39.- In each area, construction shall be regulated so as s to avoid grouping in the same area, a larger population than the projected one, based on the established population density, for which coefficients will be used to represent population-soil-building relationship and arise out of linking: 1.- Population. 2.- Net density.

3.- Net area of building spaces. 4.- The built-up area per inhabitant. 5.- Factors of total land occupancy.

SECTION 40.- The maximum number of people per plot shall be the result of multiplying the area by the maximum net density to be fixed for the zone in which this is included. The computable minimum shall be four (4) inhabitants per parcel.

SECTION 41.- Once the maximum population for a plot has been set forth, the maximum amount of people that each building may accommodate shall be calculated according to the following ratios:

Use	Number of rooms	Inhabitants per bedroom	Minimum total floor space
Residential Single family	Up to 2	2	14 m2
	More than 2	2	10 m2
Residential Multi family	Up to 2	2	15 m2
	More than 2	2	12 m2
Commercial and similar			10 m2
Public performances, Industries and other cases		To be defined by municipalities in accordance with characteristics of each use and assumption

In any case, the resulting floor area may add a volume of building larger than the volume established by the F.O.T. for the case.

SECTION 42.- Total Occupation Factor (F.O.T.) means the coefficient to be multiplied by the total area of ​​each plot to obtain the maximum buildable floor area in it. Land use factor (F.O.S.) means the ratio between the maximum floor surface occupied by the building and the surface of the plot.

Both factors shall determine the buildable volume. The maximum buildable volume from the ground level upwards in buildings higher than three (3) story, shall be result of applying the maximum F.O.T. established for the area considering the minimum distance

of floor to floor authorized for housing, regardless of the number of projected floors.

SECTION 43.- Buildable floor area on a plot refers to the sum of all areas covered on each story,
located above the level of the sidewalk or equivalent that for such purpose shall be established by the municipality, including thickness of partition walls and interior and exterior walls.

SECTION 44.- The Land use plan shall established, for each zone, the maximum total occupation factors (F.O.T.) and land use factor (F.O.S.) depending on permitted uses, the intended population, an appropriate relationship between buildable spaces and public green and open spaces, the level of provision of essential services and floor space per capita established. (Law No. 10653) All covered area, constructed or to be constructed, destined to house treating industrial effluent plants in existing premises, which years in services are prior to the effective date of Decree Law 7229, shall not be considered for the purposes of setting compliance with the urban ratios F.O.S. and F.O.T.

SECTION 45.- F.O.T. values shall be no higher than the following:

Residential use: 2.5.

Commercial, administrative and similar uses: 3. Other uses: Shall be set by the regulation.

SECTION 46.- F.O.S. values may not exceed 0.6.

SECTION 47.- Above the maximum F.O.T. values and density previously fixed and the maximum density that the municipality establishes for each area, increases or awards which together may not exceed seventy (70) percent of the maximum values mentioned in accordance with the following discrimination shall be set forth in the land use plan:

1. Per plot width: As from ten meters (10 m.) proportionally and up to a maximum increase of twenty (25) percent of the F.O.T. For new plots, from the minimum widths required.

2. For building separated from lateral dividing axes, with at least four meters (4 m.), F.O.T. shall be increased between (10) and a maximum of fifteen percent (15) for each dividing axis, calculating up to thirty (30) percent in total.

3. For defensive space building from the established line of construction, at the rate of three (3) percent per meter of defensive space, with a maximum of fifteen (15) percent.

4. For lower occupied floor surface than resulting of the maximum F.O.S. established for each case, proportional to the reduction and up to a F.O.T. maximum increase of ten (10) percent.

5. for existing public open space at the front, measured from the municipal line to the axis of such space, zero point five (0.5) percent per meter, as from ten (10) meters and with a maximum of ten (10 ) percent.

The number of inhabitants in each building may be increased in accordance with to increases in each case.

SECTION 48.- Municipalities shall set for each zone rules that guarantee the existence of block centers free fom building. They shall also determine areas and building heights, building defensive spaces regarding municipal and boundaries lines, as set forth in the section above and aimed at the preservation and continuity of the urban space.

Internal courtyard shall not be authorized for ventilation and lighting of living and work rooms. They may be authorized for kitchens, bathrooms, and auxiliary premises.

SECTION 49.- In areas with density higher than one hundred fifty (150) inhabitants per hectare and in the construction of multi-family buildings, the projection of parking spaces or garages shall be mandatory, where plots have twelve (12) feet or more in width, projecting a minimum area of ​​three and a half (3.50) square feet per person. Municipalities may set exceptions to this provision when the characteristics of the area and the project so justify.

CHAPTER III – LAND SUBDIVISION

A) Subdivisions

SECTION 50.- Once the creation of an urban center has been approved, or the creation, expansion or restructuring of their areas, subareas or constituent zones, the necessary subdivision operations may be conducted with the measuring set forth by this Act.

SECTION 51.- Municipal rules on subdivision may not set dimensions lower than those generally set forth by this law, which shall apply when the respective municipality lacks specific rules.

SECTION 52.- Dimensions in urban and complementary areas shall include as follows:

a) Units surrounded by streets: For sectors to be subdivided surrounded by blocked fractions in three (3) or more of their sides, those determined by the municipality in each case. For sectors to be subdivided not

included in the previous paragraph: Minimum side on secondary circulation route: Fifty (50 m) meters.

Minimum side on main circulation route: One hundred fifty (150) meters.

The frame of one or more internal streets of penetration and return may be adopted, preferably with access from a secondary circulation road. b) Plots:

Urban Area in general	Minimum width M.	Surface Min. m2
	Up to 2	2
Up to 200 inhab./ha	12	300
From 201 to 500 inhab./ha	15	375
From 501 to 800 inhab./ha	20	600
From 801 to 1500 inhab./ha	25	750
More than 1500 inhab./ha	30	900

Urban areas in front of the shoreline of the River Plate and Atlantic Ocean (up to 5 km from the shore.)
Up to 200 inhab./ha	15	400
From 201 to 500 inhab./ha	20	500
From 501 to 800 inhab./ha	25	750
More than 800 inhab./ha	30	900
Complementary areas. Dimensions shall be related to the type and intensity of the assigned use	34	2000
Extra-urban residential	20	600

In all cases, the maximum ratio between width and depth of plot shall be not less than one third (1/3.)

Such minimum dimensions shall not apply in the event of integral urban projects that involve the construction of all of the buildings, provision of infrastructure and community facilities for which the municipality keeps the density established and set specific rules on F.O.S., F.O.T., constructive aspects, location of public green and open spaces, and others of application for this matter. The enactment of regulations or the approval of projects shall require the prior opinion of the Ministry of Public Works.

The minimum stated above may not be used to reduce the dimensions of parcels for residential use created by the application of rules setting forth higher minimum. Existing blocks or solids may be subdivided without parceling or partially parceled, in new plots, when there are guarantee of the provision of drinking water and that excreta disposal does not contaminate the source of water use.

SECTION 52 bis.- (Section incorporated by Law No. 13342) As a particular case of the category of Comprehensive Urban Planning Projects under the preceding article, the entity of “Pre-Existing Set of Housing” is created. Housing ventures promoted by the Institute for Housing of the Province of Buenos Aires, which construction commenced before December 31, 2004, shall be framed within this category. In such cases, the enforcement authority shall issue, through a justified Administrative Act, a Certificate of Urban Aptitude, assigning appropriate indicators to contain existing uses and volumetric. In addition, such authority shall point, if inappropriate situations are verified, those measures that the enforcement authority in housing shall apply in order to mitigate the damage such urbanizations cause.

SECTION 53.- In rural areas, plots may not be less than an economic unit of extensive or intensive farming, and their minimum dimensions shall be determined in the manner prescribed by the Rural Code, as well as of those plots for complementary uses of the rural activity.

SECTION 54.- In subdivisions within urban areas not involving a change of use, dimensions below those set forth above may be accepted, either by encasements that may generate plots with more consistent dimensions with the established or by factual situations hardly reversible, such as invasion of boundaries and incorporation of excess.

SECTION 55.- Subdivisions in rural areas involving the creation of urban areas with gross density higher than thirty (30) inhabitants per hectare in less than a kilometer from national and provincial main routes, and three hundred (300) meters from access to population centers are prohibited, except for those necessary to lay complementary activities to road use and industrial establishing the appropriate zoning. B) Assignments

SECTION 56.- When creating or expanding urban centers, areas and zones, the owners of the properties involved shall freely assign the provincial government the areas intended for circulation, green, free and public spaces and reserves for the location of community facilities for public use, in accordance with the minimum below indicated:

In new centers of population	Green area	Reserve Public Use
Up to 60000 inhabitants	6 m2/inhab. (1 inhab. minimum)	3 m2/inhab.
More than 60,000 inhab.	(To be determined by the special study by the M.P.W.)

In extensions of urban areas.

from up to 2,000 inhabitants	3.5 m2/inhab.	1 m2/inhab.
from 2001 to 3.000 inhab.	4 m2/inhab.	1 m2/inhab.
from 2001 to 4.000 inhab.	4.5 m2/inhab.	1 m2/inhab.
from 4001 to 5.000 inhab.	5 m2/inhab.	1.5 m2/inhab.
More than 5,000 inhab.	6 m2/inhab.	2 m2/inhab.

In restructuring within the urban area: In restructuring within the urban area, the ratios of the previous case also apply, which shall not exceed ten (10) percent of the area to be subdivided for green areas and four (4) percent for reserves for public use.

SECTION 57.- Where blocks originated prior to the effective date of this law were parceled, donation of public green areas and state reserves, without changing the gross average density planned for the sector, shall be offset by the proportional increase in net density and maximum F.O.T.

ARTICULO 58°.- (Decree Law 10128/83) When creating or expanding urban centers which limit the Atlantic Ocean, a strip of one hundred (100) meters shall be delimited, measured from the line of foot of the dune or cliff adjoining and parallel to them, aimed at complementary uses to the beach uses, which shall be freely assigned to the Treasury of the Province, fixed, wooded, landscaped, and with parking space for vehicles, through works in charge of the transferor owner if the creation or extension is promoted by himself. Furthermore, and without prejudice to the above, in green and public open areas to be assigned pursuant to the provisions set forth in Section 56, not less than seventy (70) percent of them shall be located in sectors adjacent to the strip mentioned in the above paragraph, with a minimum front parallel to the coast of fifty (50) meters and a minimum depth of three hundred (300) meters, properly fixed and forested. The maximum separation between these areas shall be three thousand (3,000) meters.

SECTION 59.- (Decree Law 10128/83) When creating or expanding urban centers limiting with natural or artificial permanent watercourses or ponds, a strip shall be delimited, which shall be freely assigned to the Treasury of the Province, wooded and landscaped, through works in charge of the transferor owner if the creation or extension is promoted by himself.

This shall have a width of fifty (50 m) meters as of the line of maximum flood in the case of watercourses, and one hundred (100 m) meters measured from the edge, in the case of ponds. The border and the line of maximum flood shall be determined by the Provincial Directorate of Hydraulics. Furthermore, when the pond is wholly or partially contained in the property which is the reason of subdivision, this shall be excluded from the deed of the area occupied by the pond, in order to define the State domain thereon. For the purposes of this section, the Paraná Delta area shall be governed by specific rules.

SECTION 60.- (As amended by Law 13127) The destination of public green and open areas may not be modified for any reason, since they constitute public property of the State, nor released for its transfer to entities or persons of visible existence, or public or private legal persons, or even for any type of building, even of public domain, which alters its destination. All this except in the case of exchange for other assets with similar characteristics that allow better meeting the purpose set forth.

SECTION 61.- The Executive Power is hereby authorized to swap State reserves once they have been released from their original destination, with privately owned property, when conformation of reserves larger than the pre-existing ones, or located in a better position, meets the public interest pursued.

CHAPTER IV – INFRASTRUCTURE, SERVICES AND COMMUNITY FACILITIES

SECTION 62.- The areas or zones which originate as a result of the creation, expansion or restructuring of urban centers and areas of specific uses may be enabled wholly or partly only after the infrastructure and installation of essential services established for the case have been completed, and the normal operation thereof has been verified.

For such purposes, infrastructure and essential services are considered.

A) Urban Area:

Water supply, sewer, paving, home electricity, street lighting and storm drains.

B) Extra urban residential zones:

Water supply; sewers for sectors with planned net densities higher than hundred fifty (150) inhabitants per hectare; home lighting and electricity; pavement on main roads and stabilization treatment or improvement for secondary roads; storm drains in accordance with the characteristics of each case.

For country clubs, the provisions of the appropriate chapter shall apply.

C) Other zones:

Those which apply, by analogy to those required for areas or zones mentioned above, and in accordance with the needs of each case, to be set forth by municipalities.

In any case, when the sources of drinking water are contaminated, or could easily be contaminated by subsurface features, sewer service shall be required.

SECTION 63.- Community facilities means buildings and facilities designed to meet the needs of the community in terms of health, security, education, culture, public administration, justice, transportation, communication and recreation. In each case, the enforcement authority shall establish the minimum requirements, which shall be related to the size and functions of the area or zone in question.

CHAPTER V – COUNTRY CLUBS

SECTION 64.- Residential country club or recreational complex means a territorial area of ​​limited size which does not form part of an urban center and meets the following basic features:

1. This is located in non-urban area.

2. A part thereof be equipped for the practice of sports, social and cultural activities in full contact with nature.

3. The remaining part be conditioned to build temporary use housing.

4. The common recreation area and housing area shall maintain a mutual and indissoluble practical and legal relationship which makes them an indivisible whole. The recreational use of the common area of amenities may not be modified, but some activities may be replaced by others; nor shall such area be subdivided or transferred independently of the constituent units of the housing area.

SECTION 65.-The creation of country clubs shall be subject to the following requirements:

1.- Having prior municipal approval and subsequent technical validation from the competent bodies of the Ministry of Public Works. For this purposes, municipalities shall designate and demarcate zones of rural areas to locate country clubs, indicating the maximum gross density for each zone.

2.- The project sponsor shall be responsible for conducting infrastructure works of essential services and ensure the provision thereof, perform the management of the roads and accesses, landscape and forest the area in its entire extension and materialize the works relating to sporting, social and cultural facilities. 2.1. Essential services::

2.1.1. Water: Supply of water for human consumption in the quantity and quality necessary shall be ensured, in order to meet the maximum foreseeable requirements, calculated from the estimated limit population for the club. The provision of water needed to meet the requirements of the common use facilities shall also be ensured. Supply may be authorized through individual drilling when:

1. The groundwater to be utilized is not communicated or may be easily contaminated by soil characteristics.

2. Collection wells are made in accordance with provincial regulations.

3. Net density does not exceed twelve (12) dwelling units per hectare.

2. Sewer: They shall be required where the groundwater may easily become contaminated as a result of the particular characteristics of the soil or of the concentration of property in a particular sector.

3. Electricity: This shall be required for housing, premises of common use, and roads.

2.2. Management of streets and access;

2.2.1. The paving of the roadway shall be required to connect the main access with the central facilities of the club, with a support capacity of five thousand (5000) km per axis. Secondary traffic lanes
shall be improved with materials or products accepted by the Municipality
in each case.

2. Access linking the club with an external paved road shall be treated a manner that ensures its use in any circumstances.

3. Forestation: The perimeter strip shall be lined with trees in its boundary edge to the club.

2.3. Waste Disposal: A system of waste disposal that does not cause harmful side effects (smoke, odors, proliferation of rodents, etc.) shall be used.

3. A perimeter strip with a width not less than seven fifty (7.50 m) meters shall be assigned destined to circulation lane. This strip shall be expanded when the municipality deems necessary. The assignment shall not be required in the areas of land where peripheral circulation has been determined. While the district does not require that such strip be left to the public use, the same may be used by the club.

SECTION 66.- Projects shall meet the following basic specifications and urban indicators: a) The minimum total area of ​​the Club, the maximum gross average density of dwelling units per hectare, the minimum area of the sub-plots or functional units and the minimum percentage of common recreation area in relation to the total area shall interrelate in the manner provided for in the table below:

Maximum Amount Of Housing	Gross density	Minimum total Surface Ha.	Minimum surface of Functional Units (Lots m2)	Minimum recreation Area on Total Surface
80	8	10	600	40
225	7.5	30	600	30
350	7	50	600	30

Intermediate values ​​are obtained by simple linear interpolation, the excess surface is obtained when respecting the net density, minimum surface of functional unit configured as parcels, and minimum percentage of common recreation area or the one resulting of the excess of the minimum total area set forth for the Country Club project, which may be used, as appropriate in each case, to extend the functional units or the common recreation area.

2. Minimum dimensions of functional units: They shall apply for the functional units when they are configured as parcels and shall vary with the total area of the club, and shall have a minimum of twenty (20) meters in width and the surface set forth in the table in ss. a) of this Section. The width-depth ratio may not be less than one third (1/3).

3. Common area of recreation: This shall be wooded, landscaped and equipped according to the purpose of the club, and the expected amount of users. Ponds included within the domain title may be computed.

4. Red of internal circulation: This shall be designed so as to remove points of conflict the most, and fast circulation be avoided. The main streets shall have a minimum width of fifteen (15) meters and secondary streets and those without end shall have eleven (11) meters. In the latter, the “cul de sac” shall have a diameter of twenty-five (25) meters minimum.

5. Constructions may have a maximum of ground floor and two (2) upper floors and may not be located within five (5) meters from the boundaries of the roads.

6. When isolated dwellings are projected, the distance of each of them to the dividing line between functional units configured as parcels may not be less than sixty (60) percent of the building height, with a minimum of three (3) meters. In case of sloping roofs, the height shall be taken from the ground level to the barycenter of the polygon formed by the lines of maximum slope of the roof and the base plan thereof. In cases in which functional units are not generated as parcels, semi-detached houses are planned in any form; the minimum separation between volumes shall be equal to the sum of the heights of each of them. g) When designing a country club, natural facts of landscape value such as trees, topographical features, ponds, rivers and streams shall be observed, as well as any other item of significance in the indicated aspects.

SECTION 67.- In existing situations, when a single legal entity groups the owners of lots in a country club and there are public streets, the total enclosure of the area and the provision of services usually of communal character may be agreed with the respective municipality, under the responsibility of the applicant institution.

In all cases, public bodies in the exercise of their police power, shall be ensured to have free access to the internal circulation roads and control over public services.

SECTION 68.- Infrastructure of services and community facilities typical of urban areas shall always be the responsibility of the owners of the domain of country clubs.

SECTION 69.- New country clubs within less than four miles (7 km) of the existing ones, counting from the respective perimeters at their closest points shall not be constructed.

TITLE IV – IMPLEMENTATION OF LAND USE PLANNING

CHAPTER I – THE PROCESS OF LAND PLANNING

SECTION 70- The primary responsibility of land planning lies at the municipal level and is binding upon each district as sectored instrument.

SECTION 71.- Within the land planning, physical planning process means the set of technical-political-administrative actions for the conduct of studies, the formulation of proposals and the adoption of specific measures in relation to the organization of a territory, in order to adapt it to the general policies and overall development goals set forth by several jurisdictional levels (nation, province, municipality) and in accordance with their respective strategies.

SECTION 72.- In any process of land planning, the overall transportation system and roads shall be given particular consideration.

CHAPTER II – PARTICIPATING AGENCIES SECTION 73.- In the process of land use planning at the municipal level, its local or inter-municipal offices of land planning, and at the provincial level, the Ministry of Public Works, the Department of Planning and Development and the Department of Municipal Affairs shall intervene.

CHAPTER III – INSTRUMENTS OF APPLICATION SECTION 74.- Municipalities shall count, within the planning office, with an area of ​​physical planning which shall be responsible for the technical aspects of land use planning process of the district.

SECTION 75.- The planning process shall be implemented through the development of successive steps that will be considered as integral parts of the land use plan For this purpose the following steps are set forth: 1.- Preliminary delimitation of areas. 2.- Zoning in accordance with uses. 3.- Plans of municipal organization. 4.- Particularized plans.

SECTION 76.- At each stage of the planning process, the evaluation of the preceding stages shall be evaluated (except in cases of particularized plans) for the purpose of performing adjustments arising as a need for deepening the research of the changes produced by the growth dynamics and sectored impacts, and the results of the introduction of the measures previously implemented.

SECTION 77.- Preliminary delimitation of areas means the technical legal instrument aimed at recognizing the physical situation existing in the territory of each municipality, defining urban and rural areas and eventually the areas of specific uses. This will result, in the short term, the framework for channeling and controlling use changes, and general guidelines may be set forth on subdivision and land occupation.

SECTION 78.- Zoning in accordance with uses means the technical legal instrument aimed at meeting the basic needs of physical territorial planning, determining its overall structure, the structure of each of its areas and constituent areas, especially those of urban type, setting standards of use, occupancy and subdivision of land, provision of basic infrastructure and morphology of each one.

SECTION 79.- Zoning in accordance with uses may be conducted by preset stages, once the general structuring scheme has been produced, and may include priority of sectors or districts for the provision of infrastructure, basic services and equipment as indicative element for public and private investments. SECTION 80.- The land use plan shall physically organize the territory, structuring it in areas, subareas, zones and districts linked by the circulatory frame, and programming its development through proposals for promotion, regulation, forecasting and investment through operational methods of execution in the short , medium and long term, in which municipal works programs shall necessarily be framed, being indicative for the private sector. This shall determine the sectors that should be promoted, renewed, transformed, recovered, restored, preserved, consolidated, or for reserve, determining for each one its use, occupancy and subdivision of land, proposal of infrastructure, services and equipment, as well as the rules on morphological characteristics.

SECTION 81.- Land use plans may have inter-municipal scale where so determined at the provincial level or upon municipal initiative, covering the jurisdictions of those districts which, having common boundaries and related problems, shall adopt integrated solutions. Such solutions shall be concentrated in accordance with technical- administrative mechanisms that may be provided for at the provincial and municipal level.

SECTION 82.- Particularized plan means the technical legal instrument aimed at partial or sectored planning and physical development of areas, subareas, zones or districts, and may cover areas pertaining to boundary districts.

SECTION 83.- (Decree Law 10128/83) Ordinances corresponding to the different stages of the land use planning may be enacted once said stages have been approved by the Executive, which shall intervene, after the opinion of the relevant Provincial Agencies, to the following effects:

1. To verify the degree of consistency with the objectives and strategies defined by the Provincial Government for the sector, and with the general and specific Provincial and Regional Plans for economic and social development and land use (Section 3, paragraph b) and the degree of compatibility of the same with the boundaries of the Municipalities.

2. To verify whether they are wholly adjusted to the benchmark regulatory framework given by this Act and its regulations, and if when projecting extensions of urban areas, extra urban residential and industrial areas, the requirements contained therein to support such acts have been complied with.

SECTION 84.- (Decree-Law 10128/83) Municipalities, by ordinances, may declare certain areas where urban land is wholly or partially inactive as: 1.- Of priority provision of services and community facilities. 2.- Of necessary building. 3.- Of parcel grouping.

SECTION 85.- The declaration of priority provision of services and infrastructure shall involve the commitment to provide a certain area with the necessary infrastructure and to direct public and private investment to the same, which shall enable a more rational exercise of predominant uses.

Such declaration shall force the provincial and municipal bodies to include the completion of the necessary works as priorities in their programs of works, to enable the delivery of services and provision of infrastructure. Competent national agencies shall be required to reconcile also the provision of services in their charge.

SECTION 86.- When the works are executed, and in order to achieve the maximum utilization of investments made, municipalities may set forth a special tax on vacant plots or with demolished buildings, which shall be applied to community infrastructure and facilities.

SECTION 87.- The declaration of an area as necessary building shall affect vacant plots as with the ruined or paralyzed building, and the municipality may set forth deadlines for construction.

SECTION 88.- The provisions of the preceding Section shall comply with the following conditions:

1. Deadlines for construction shall not be less than three (3) nor more than eight (8) years from the declaration of necessary building.

2. The prescribed period shall not be affected even if during its course, transmissions of domain are made, and when this occurs, such situation shall be recorded in the deed and be publicized in the Real Estate Registry.

3. After the corresponding term without having done any work, fines of up to fifty (50) percent of the assessed value for tax purposes of the plot shall apply.

If the work had been indicated, but not concluded, fines to be applied shall be proportional to the degree of missing construction to complete thereof for a maximum amount of thirty (30) percent of the assessed value for tax purposes of the plot.

d) In the event of failure referred to in the preceding paragraph, the respective plot shall be declared of the public interest by this law, subject to expropriation by the respective municipality.

The fines which have been enforced may be deducted from the indemnity applicable to pay.

5. Also in these cases, the application of a special tax as provided in Section 86 may be chosen.

6. For the purposes of this section, the term completed construction shall mean the completion of the works provided with the connections to the necessary services in order to enable their approval.

SECTION 89.-Once the land has been expropriated, the municipality shall offer it for sale at public auction within six (6) months of the record of the domain in its name, assuming the buyer the commitment to complete construction within a period not exceeding three (3) years, also counted from the domain registration in the Registry of Real Estate.

The sale shall be made with the said condition, the breach of which shall result in the revocation of the domain and the application of penalties proportional to the degree of missing construction to complete the works, and a maximum amount of thirty (30) percent of the assessed value for tax purposes. The obligation undertaken shall be recorded in the Registry of Real Estate.

SECTION 90.- The terms set forth in the preceding sections shall be considered cancelled in the event of force majeure duly proved.

SECTION 91.- The statement of parcel grouping with regard to a specific zone or area, with the aim at enabling its change of use or parceling reshaping, shall imply, pursuant to this law, its declaration of public utility, and subject to expropriation by the municipality.

SECTION 92.- The Province shall execute, with or without the participation of entities or private companies, programs of adaptation of use or parcel reshaping in areas which development is a priority.

TITLE V – RESPONSIBILITIES AND PENALTIES SECTION 93.- Breaches of obligations set forth by the present law and community land use plans shall be sanctioned by the municipal authorities, in accordance with the provisions set forth in the Municipal Code of Misdemeanors.

SECTION 94.- Fines shall be graduated in accordance with the importance of the infringement, and shall be:

1.- Up to a minimum wage of the municipal administration, in the case of purely formal infringements.

2.- From one to fifty (50) minimum wages of the municipal administration, if they are infringements that do not cause harm to others. 3.- From fifty (50) to five hundred (500) minimum wages of the municipal administration, in cases of violation of land use plans that harm others or violate the provisions on infrastructure of services, minimum dimensions of plots, change of use, occupancy factors of the land and total occupancy, density and maximum building heights. Incidental measures provided for in the Municipal Code of Misdemeanors may be also arranged, and especially to declare suspension of works, removal, demolition, or adequacy of the constructions wrongly built.

The competent bodies of the Ministry of Public Works may prove the commission of infringements and provide preventive measures, sending the case to the appropriate municipality for the application of sanctions.

SECTION 95.- Non-payment of fines within ten (10) days of their notification shall allow the updating of their amount in accordance with the variation produced until the time of actual payment, pursuant to the rates and procedures set forth by the Tax Code.

SECTION 96.- Where any professional is liable for the infringement, the administrative authority shall send the record information to the respective Council or professional body, for the purposes of their trial. Notwithstanding the foregoing, the exclusion of the offender may be provided in the proceedings where the infringement is confirmed.

SECTION 97.- The petitioner, owners, developers or construction companies and professionals, as appropriate, shall be jointly and severally liable for any infringements committed.

TITLE VI – APPLICATION OF THIS ACT SECTION 98.- Municipalities that do not have approved plans and into force, shall execute the stage of preliminary delimitation of areas and complete it within a period not exceeding one hundred twenty (120) days from the effective date of this Act.

SECTION 99.- Municipalities having zoning and rules of use, occupancy, land subdivision and infrastructure in full force and effect, shall have a maximum of one hundred eighty (180) days to adapt them to the requirements of this Act.

Meanwhile, the rules in effect may continue to apply, except for those relating to the creation and expansion of nuclei or population centers, areas and zones and those related to subdivisions involving change in land use, for which the provisions set forth in this law shall have immediate application.

SECTION 100.- As long as municipalities do not have delimitation of areas and zoning in accordance with uses, they may not propose the creation or expansion or restructuring of the areas and zones of their urban areas, or operations of subdivision of land involving change in urban use. Furthermore, they may not authorize net densities higher than six hundred inhabitants per hectare (600 inhabitants / ha) in urban areas having all the fixed essential services for urbanized sub​​-areas, or net densities higher than one hundred fifty (150) inhabitants per hectare, in areas or units surrounded by streets and with parcels facing the streets lacking sewers.

SECTION 101.- All parceling which originated in approved plans prior to this law, without sanitation conditions and services of running water or sewer required for proper human settlement, shall be subject to use restrictions involving the prohibition of constructing buildings until sanitary conditions or the infrastructure required are completed. The same limitation applies where, after the approval of the parceling, a change in the conditions of fact which determined its viability occurs. The Executive shall establish the plots or affected zone by the restriction, and the relevant municipality shall refuse to approve plans or prevent the construction until certification be made by competent provincial agencies certifying compliance with the required conditions.

Restrictions on use to be set forth shall be recorded in the Registry of Real Estate.

SECTION 102.- (Decree Law 10128/83) When the public interest so requires, the Executive may, by decree, authorize projects on particularized situations or areas in certain districts, even if some of the measures or indicators established in this law are not satisfied. Such authorizations shall be general and be compatible with the objectives and principles laid down in this law for the land use planning process.

The proposing Provincial or Municipal agency shall submit the proposal accompanied by the underlying studies.

SECTION 103°.- This law is matter of public policy and shall be effective upon its publication in the “Official Gazette”, and shall apply to all proceedings or project which may not have final approval.

SECTION 104°.- (Decree Law 10128/83) Laws No. 695, 3468, 3487, 4739, 8809, 8684, 9116 and any other provision contrary to this law is repealed.