Public Consultation prior to the preparation of the municipal Ordinance regulating rehabilitation works in the Residential Environment of Programmed Rehabilitation of Torrevieja.

18.10.2023

Public Consultation prior to the preparation of the municipal Ordinance regulating rehabilitation works in the Residential Environment of Programmed Rehabilitation of Torrevieja.

By virtue of the foregoing and in accordance with the provisions of article 133 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations (LPACAP), with the aim of improving citizen participation in the procedure for drafting the standards, prior to the drafting of the municipal ordinance regulating rehabilitation works in the Residential Environment of Programmed Rehabilitation of Torrevieja, the interested parties are informed of the consultation in order to collect the opinion of those who may be affected by the future norm. The development of the ordinance is justified based on the following foundations:

1. Problems that the Ordinance is intended to solve

The financing structure of the Torrevieja Programmed Rehabilitation Environment project included in the Agreement signed between the City Council, the Generalitat and the Ministry of Transport, provides for the contribution of the three administrations and the residents. For its part, the Torrevieja City Council considers that specific particular situations of the affected neighbors must be taken into account, and energy rehabilitation must be promoted in the properties included in the ERRP and that this is not affected by impossibilities in the payment of those families in a vulnerable situation, so the model chosen to execute this action will be direct management, with the City Council acting as Agent of Rehabilitation, according to its legal configuration in Royal Decree 853/2021. The purpose of the Ordinance is to promote the rehabilitation of homes with energy efficiency criteria in buildings and homes in the indicated areas of action. This municipal action falls within the framework of the traditional activity of promoting local entities, which is recognized in the Decree of June 17, 1955, which approves the Regulation of Services of Local Corporations. To do this, there must be a specific regulation that orders and determines the conditions through which the obtained subsidy is materially executed, all through the integration of the different procedures and regulations that each one of them projects on said execution.

2. Objectives of the standard

a) Determine the previous actions to be carried out prior to contracting the works projects.

b) Determine the preconditions that must be met by the properties receiving the material execution of the energy rehabilitation works.

c) Determine the actions to be carried out in the event of non-compliance with the previous conditions, referred to in the previous point.

d) Order the different actions that must be carried out in the material execution of the subsidy, both public and private in nature.

e) Determine the proper procedures.

f) Determine the models of acceptance and transfer by the owners of the properties.

g) Resolve those issues that arise from the specific circumstances of the subsidy.

3. Possible alternative regulatory and non-regulatory solutions

Other possible regulatory alternatives are not contemplated given that at the municipal level, the municipal power to configure its own legal system is limited to the preparation, processing and approval of ordinances and regulations, resulting in the ordinances having citizens as their final recipients, for example. which constitutes the most appropriate way to solve the problems stated above.

Citizens, organizations and associations that consider it can send their opinions and suggestions in this regard through the general registry of the City Council through a paper application or digitally through its electronic headquarters https://torrevieja.sedelectronica.es/dossier, within 20 business days from the publication of this query on the municipal website https://torrevieja.es/es, computed according to article 30 of Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.