Planning, Zoning and Environment

Expert technical advice on all areas of planning and zoning law and environmental law

Garrigues

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The Garrigues Planning, Zoning and Environment Service combines expert technical advice, extensive knowledge of legislation and regulations and a wealth of experience in all areas of planning and zoning law and environmental law.

Planning and Zoning

Our planning and zoning department, created in Spain in 1996, comprises one of the largest teams of specialist professionals with the best technical expertise in the sector.

We provide top-tier advice on planning instruments, management, enforcement and compliance to public sector entities, approved development participating entities, private companies and individuals.

We offer a global and integrated service, not only with regard to the development and building process but also to issues arising in relation to existing buildings and structures. Our advice includes the legal review of land and structures and ongoing legal assistance in all kinds of proceedings and dealings with public and private entities, including legal defense of clients in planning and zoning-related administrative and judicial review proceedings.

Our extensive office network enables us to combine unparalleled coverage with a local presence, allowing our specialist planning and zoning team to acquire comprehensive knowledge of the different local and regional regulations and practices. We also have dedicated practices in Portugal and in Latin America, meaning we can take part in international projects and bring our knowledge of the local laws of these countries and markets to the table.

The Planning and Zoning service works in close collaboration with the firm’s other departments on deals and transactions and the development of complex real estate projects.

  • Urban planning instruments: analysis, interpretation and drafting of master plans, subdivision plans and special plans, etc.
  • Zoning management: analysis, interpretation and drafting of equal distribution plans, rules and bylaws of approved development participating entities, as well as the creation of such entities (development apportionment entities, owners’ associations, upkeep and maintenance entities).
  • Zoning compliance: application and obtainment of licenses or equivalent instruments and assistance in proceedings to restore zoning compliance, proceedings for nonperformance of obligations, etc.
  • Analysis, interpretation and drafting of zoning contracts.
  • Due diligence reviews, reports and legal opinions on land and buildings.
  • Administrative (including penalty and condemnation procedures) and judicial review proceedings in relation to planning and zoning matters, including challenge of general provisions.


Environmental

Our Environmental practice brings in-depth knowledge of environmental legislation and proven experience in all aspects of environmental law.

Our clients include renewable energy providers, companies involved in industrial and mining activities, integrated water cycle operators, waste managers, managers of individual sewage systems and collective extended producer responsibility schemes, as well as financial institutions and public authorities, among others.

Our broad network of offices in Spain allows us to be highly specialized in the regulations issued by the administrations involved in the projects we advise on. We also have own offices in Chile, Colombia, Peru, Mexico, the US, Europe, Asia and Africa through which advise in international projects.

Together with our colleagues at G-advisory (the Garrigues subsidiary offering technical, economic and strategic advice on all types of energy and ESG services), covering technical, economic and strategic advice on all types of energy and ESG services), we tackle each issue from a legal, technical and economic aspect, delivering global, multidisciplinary solutions and minimizing the potential risks caused by poor coordination among advisers. We also work closely with our colleagues from the Criminal Law and Internal Investigations practice, advising on matters relating to crimes against natural resources and the environment.

Industrial environment

  • Administrative permits, authorizations and concessions of an environmental nature.
  • Environmental due diligence reviews in corporate transactions and project finance deals.
  • Preparation of manuals of recommendations for compliance with the applicable environmental legislation.
  • Recurring legal advice to industry on compliance with environmental legislation.
  • Advice and legal assistance to industry in environment-related penalty proceedings and judicial review proceedings.

Renewable energies, cogeneration and other technologies, and energy efficiency

  • Financing, refinancing or sale and purchase of facilities using co-generation and other renewable technologies (biogas, biomethane and green hydrogen).
  • Inspection proceedings relating to the specific remuneration regime for renewable energy facilities.
  • Administrative formalities and legalization of renewable projects.
  • Energy service agreements and advice on the financing of energy services projects.
  • Compliance with energy efficiency obligations.

Circular economy, waste, contaminated land and collective EPR schemes

  • Waste production and management (industrial complexes and waste treatment plants).
  • Product packaging.
  • Implementation and operation of collective extended producer responsibility (EPR) schemes for all kinds of waste.
  • Legal opinions and reports on EPR obligations.
  • Legal viability of waste management and treatment models.
  • Administrative procedures for the declaration of contaminated land.
  • Waste-related penalty proceedings and judicial review proceedings.

Environmental liability and natural environment

  • Legal studies and report on the application of legislation governing environmental liability.
  • Protection of natural habitats and related restrictions.

Integrated water cycle

  • Integrated water cycle management.
  • Management optimization studies.
  • Obtainment of enabling instruments.
  • Related administrative and judicial proceedings.

Effluent, emissions, noise and light pollution

  • Effluent, emissions, noise and light pollution
  • Wastewater: formalities relating to authorizations and concessions, and penalty and judicial review proceedings.

Climate change

  • Emissions trading obligations.
  • Related administrative proceedings.

Drafting of legislation

  • Preliminary bills.
  • Environmental guidelines

Advice on environmental sustainability criteria for the determination of ESG policies

 

Garrigues Sustainable

Global head

Foto del socio

Carlos Rapallo

+48 22 540 6100

Warszawa

Contact

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