The performances of endowment: application in the Community of Madrid

Abstract

The Endowment Actions are urban management instruments of necessary and solvent application in the intervention in the consolidated city incorporated into the Spanish legal framework by the original Land Law 8/2007, today collected Consolidated Text 7/2015. Thus, in the processes of growth in the urban-urbanized land defined by plots-lots under the Isolated Actions regime, the Endowment Actions make it possible to obtain public and free of endowment land and the public percentage of capital gains derived from the increase in urban use attributed to the previous pre-existing one, an increase that this growth generates, applying, finally, the basic principle of the Spanish urban system of distribution of charges and benefits on urban land, a principle that surprisingly and unfortunately was not applied to urbanized land until the entry into force of the Land Law 8/2007. However, it is also surprising that both its conceptual content and its application determinations are barely known by a large part of urban operators. This unfortunate situa­tion could be explained by the long and significant stoppage of urban planning activi­ty that occurred after the financial and real estate crisis caused by the «burst of the bubble» in 2008, coinciding, in practice, with the entry into force of the new Land Law, later extended by the pandemic, which meant a certain professional reluctance to know the legal paraphernalia that the original management instruments incorporated by the new Land Law entailed, a neglect that also affected the University. Well, with an explicit pedagogical purpose, this article is formulated to clear up the doubts and unknowns that this institution could still raise today in urban practice and, specifically, its application in the Autonomous Community of Madrid.