Planning and Environmental Issues
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Who has authority over land development and environmental regulation?

Development of both urban centers and nonurban land is regulated by municipal authorities, though provincial and federal agencies have the right of special intervention on environmental and public service matters.

Urban centers are usually divided into areas with particular regulations regarding usage (home, office, etc.) and building (height, sight, etc.) parameters. Consequently, real estate projects must be approved by the city authority on a case-by-case basis as well as by provincial and federal agencies when the project is subject, due to its location, to these jurisdictions.

What environmental laws affect the use and occupation of real estate?

Federal and provincial governments regulate environmental issues. The federal government sets minimum standards (water usage, air pollution, etc.) and prospective operative conduct (waste management, etc.) per area. Provinces must respect these standards and regulate operative conduct according to the general spirit of federal law.

The following are regulated primary environmental areas:

  • General land usage provisions (Civil and Commercial Code)
  • Water usage
  • Forestry protection
  • Air usage
  • Fauna protection
  • Hazardous waste, industrial waste and domiciliary waste
What main permits or licenses are required for building or occupying real estate?

To start any urban project, it is necessary for the municipal agency in charge of real estate development activities to approve the plan.

The Argentine environmental system provides for a complex structure ordered by regulative area and jurisdictional location. This implies that each norm will define the administrative body charged with the provision of authorization, which might require cumulative procedures. This means that several filings may be required before different government authorities.

The typical licenses or authorizations required include general project approval by the environmental agency in the jurisdiction (federal, provincial or municipal) delivered through a positive environmental impact statement (Declaración de Impacto Ambiental) and approval of the construction’s plumbing by the provincial water management agency.

Can an environmental cleanup be required?

According to environmental laws in Argentina, Environmental cleanup will be required in any real estate project.

Are there minimum energy performance requirements for buildings?

There are no federal regulations regarding minimum energy performance requirements for buildings. There may be local regulations at the municipal level.

The only regulation on energy performance refers to the compulsory usage of low-consumption lamps.

There are also regulations of the National Regulatory Authority for Energy (Ente Nacional Regulador de la Energía) designed to promote lower usage of electricity by setting penalties to users with increased electricity consumption compared to that of the previous year.

In addition, if a shortage of available electricity in the market is detected, .the federal government restricts the use of electricity to certain industrial companies.

Are there other regulatory measures that aim to improve the sustainability of newly constructed and existing buildings?

The National Energy Secretariat promotes efficient energy usage conduct through national programs. These programs are obligatory for public buildings and voluntary for private properties. Also, these programs define and recommend prospective measures suitable for occupational construction.