Urban remodeling in historic areas and its surroundings

Abstract

Protecting urban historic centers is one of the most pressing legal issues, and the solution at the moment is unclear, as the recent “Cabanyal (Valencia) case”, as well as other decisions, has proven. Those cases raise essentially two questions. Firstly, what is the interpretation that should be given to state regulation, including art. 21 LPHE (16/1985), if changes or urban alignments are forbidden. In what circumstances and conditions? Second, as is the case, if the law of the “autonomous” regulation can establish a different, more permissive status, or if it violates the concurrent state regulation in cultural matters (art. 149. 2 of the Constitution). We are in disposition of giving an answer to such questions by means of the analysis of the law, the courts’ legal doctrine and the opinion of legal scholars. It is the author’s contention that the law of the Autonomous Communities is compatible with the Constitution, under certain interpretation. Such reading does not permit the solution given in the Cabanyal case. The Valencia law, which was at stake, should have been declared unconstitutional.