Real estate developments are regulated at a local or national level depending on the impact of the real estate project.
Persons interested in developing projects that have a spatial impact and may occupy territory with national importance or that are located in two or more states must seek approval from the National Public Administration (Administrative Office of Permits of the Ministry of the People’s Power for the Environment).
Projects that have a spatial impact and may occupy territory with regional importance must be approved by the State Public Administration for authorizing the guidelines and provisions of the plans for territorial distribution. This will be done once the environmental and sociocultural impact study has been evaluated and approved by the Ministry of the People’s Power for the Environment, to incorporate the environmental variable in all stages of the project.
Projects that have a spatial impact and may occupy major local territory must be approved by the Municipal Public Administration for authorizing the guidelines and provisions of the territorial distribution plans and the municipal zoning ordinances.
In all cases, the national, state and municipal administration agencies that are competent to grant authorizations and approvals to occupy territory and for determining the fundamental urban variables will ensure the incorporation of the environmental variable in the programs and projects subject to their supervision and control.
In general, there are national regulations (laws, decrees and resolutions) that affect the use and occupation of properties as well as the municipal regulations (ordinances). Mainly, these regulations are contained in the Organic Law on the Environment, Organic Law Repealing the Organic Law for the Planning and Management of Territorial Distribution, the Criminal Law of the Environment and other technical regulations related to environmental matters.
Generally, environmental, health and municipal permits for building or occupying real property are required, such as authorization to occupy the territory, authorization to affect natural resources, conformity of use, fire department permit, municipal habitability permit and health habitability permit.
The Ministry of the People’s Power for the Environment may require, as a prior control mechanism on environmental matters, the filing of an environmental impact study, specific environmental assessments and baseline studies, etc. In addition, the Ministry of the People’s Power for the Environment may authorize environmental audits, assessments and supervisions as a subsequent control mechanism to confirm compliance with environmental regulations.