the parliamentarian Norma Yarrow (Country advances) presented on October 21 a bill that, according to urban planners Aldo Facho Dede and Lady Torrejón, affects and goes against the spirit of the Sustainable Urban Development Law, to the detriment of citizens.
In project number 3393, Norma Yarrow proposes the modification of more than twenty articles of the aforementioned regulation (law 31313). Although there are several changes, there are some that are seen as the most harmful.
The current law, in its article 11, establishes that effective citizen participation “is a condition of the decision-making processes”, in the plans of territorial conditioning and urban development. In his proposal, Norma Yarrow mutilates the extreme on decision making.
Urban development specialist Aldo Facho Dede questions the intention to relegate the active participation of citizens in these processes.
“The elaboration of urban-territorial plans must be co-produced between professional planners and citizens, because these must be designed by and for the collective benefit, but active participation is relegated in the bill,” he warns, for his part. , Lady Torrejón, who also points out that urban planning professionals in Latin America develop these processes with the participation of the population.
On the other hand, Law 31313, in its article 53, establishes five types of “urban financing instruments”. These are mechanisms that would allow municipalities to generate more resources from the management of urban development.
This is already regulated and points to the “special contribution for public works.” Aldo Facho Dede gives the example of a neighborhood without clues or sanitation. Through the use of this tool, the neighbors can accompany the investment of the municipality, helping to specify these works.
On the other hand, through the mechanism of “advertising value of public projects”, the current law allows municipalities to make an appraisal before announcing and executing the work, in order to be able to measure the extraordinary surplus value that is generated in the projects. surrounding properties. Once the surplus value has been determined, the municipality can ask the owner to pay a percentage at the time of sale. In this way, the municipalities would generate resources to carry out more works, expanding the capacity to generate well-being and wealth for others.
Norma Yarrowin its bill, limits the possibilities of being able to implement said tool, significantly reducing the projects in which it could be used, and the variables to measure the surplus value.
“(The project) eliminates this extraordinary increase in the value of the land, a product of the direct and measurable action of the municipality, due to public works or due to a change in zoning,” explains Aldo Facho Dede.
“If they build a road or a park near your house, the value of the property increases with money that the state is investing in public infrastructure. The bill now restricts municipalities from generating more resources. It eliminates it completely, when this is an advance in urban planning law in our country”, says urban planner Lady Torrejón.
In your project, Norma Yarrow It also proposes setting barriers in relation to social housing projects. Today the rule (article 40.2) specifies that urban development plans “may not define parameters that restrict the development of social interest housing projects.”
The legislator proposes to set a barrier. That is, that the municipalities can “promote parameters”. Lady Torrejón warns that this may limit social housing projects only to certain districts.
“The bill lends itself to limiting the possibility of carrying out social interest housing projects in certain areas of the city, when all parts should be considered and close to different types of services. Also, the same logic of housing bonds for new housing is still thought of, limiting progress to addressing the great housing problem that is existing housing, ”he explains.
Both Lady Torrejón and Aldo Facho Dede warn that Norma Yarrow’s project practically takes away the spirit of the Sustainable Urban Development Law, which is still in the process of being implemented.
“The spirit of the original law is to address the problems of cities, but the project, apparently, seeks to favor the interests of real estate,” warns urban planner Lady Torrejón.
“These changes consolidate the current situation that generates greater segregation in the city, consolidates the differences and benefits those who are already profiting from the zoning changes and the growth of the urban area, charging the city with all the costs that this implies and benefiting from capital gain”, says, for his part, Aldo Facho Dede.