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Final Approval of the Amendment to the Byelaw Governing Municipal Intervention Procedures in Public Works (ORPIMO)

On 29 June 2018, the Full City Council gave final approval for the amendment to the Byelaw Governing Municipal Intervention Procedures in Public Works (ORPIMO).

As part of the wider aim of helping to ensure and preserve city residents’ basic right to decent and adequate housing as laid out by, amongst others, the Right to Housing Act, the revised text of the Land Use and Urban Regeneration Act, and the 2016-2015 Barcelona Right to Housing Plan, measures and actions have been adopted to respond to city residents’ housing needs.

Considering the current regulation on Housing, Land Use and Urban Regeneration recognises the right to temporary accommodation and, whenever possible, tenants’ right to return to their home while works are carried out, this procedure should be consolidated in the ORPIMO in order to ensure and develop these rights.

The amendment to the ORPIMO incorporates a requirement for the proprietors carrying out the works to present a rehousing plan on the one hand, and on the other, for a mandatory report to be issued by Housing Services assessing whether the previsions contained in the plan are adequately met. This plan shall include a report stating the personal details of those affected and the conditions under which they qualify for the right to rehousing and, where applicable, the right to return, the plan budget and related documents.

The content of the report, which shall be issued by the Housing Service, has created a new annexe which refers to the required documentation that must be submitted with the mandatory report request for some major works subject to permits and some works subject to the reporting system. This report specifically applies to the following works:

a) Large-scale renovation.

b) Increase in volume or elevation that does not involve work on the whole building.

c) Consolidation, refurbishment or renovation that includes work on the building foundations or structure.

d) Refurbishment or renovation with a change of the primary building use.

e) Partial demolition of buildings categorised as being of national interest (A) or local interest (B), total or partial demolition of listed urban buildings (C), urban buildings considered to be level D, and buildings that are part of a listed complex.

f) Demolition of buildings not included in the previous section.

A new point 3 has also been added to article 22, regulating the key conditions under which a permit will be refused, in order to lay out the substantive shortcomings that may lead to an unfavourable report from Housing Services and that would result in a permit being refused, in accordance with the new article 34b point 2 letter c).

Documentation: