Paulina Alarcón
The Directorate of Territorial Works (DOT) ‘s start of operations, following the publication of its regulations in the Official Gazette on May 9 and their most recent amendment on July 17 of this year, has reconfigured the institutional framework for territorial planning in El Salvador. This change has raised questions about when this Directorate intervenes and how its powers differ from those of other pre-existing institutions, such as the San Salvador Metropolitan Area Planning Office (OPAMSS) and municipal mayors’ offices.
According to the Law Establishing the Directorate of Land Use Planning and Construction (“the Law”), the DOT was established to organize responsibilities for construction permits and land use planning. Its creation was a response to an institutional context characterized by regulatory fragmentation, overlapping powers between state, decentralized, and municipal entities, and bureaucratic procedures and requirements that affected investment in the real estate and construction sectors.
Within this framework, the DOT was conceived as the governing body for land use planning, with the power to issue national policies related to land use and planning. It is also responsible for authorizing new subdivisions, construction, urban development, and related activities, provided they comply with the criteria defined in its law and regulations.
I- Scope of competence
The DOT’s scope of action is mainly defined by the size of the project:
- When the construction area is equal to or greater than 250 square meters, authorization corresponds to the DOT.
- If the area is less than 250 square meters, the authority lies with the municipal council where the project is located.
- However, if in such cases the municipalities do not have the necessary technical capacity, they may request support from the DOT to perform this function.
II- Specific exclusions
As it is regulated by different regulations or authorities, the DOT does not have jurisdiction in the following cases:
- Projects located within the perimeter of the Historic Center of San Salvador and regulated by the Law Creating the Planning Authority for the Historic Center of San Salvador.
- Projects subject to the OPAMSS Law and its regulations.
- Land subdivisions promoted, financed, developed, or owned by the State, public institutions, or local governments, within the scope of their powers or under agrarian reform laws.
- Agricultural land subdivisions or parcels, which fall under the jurisdiction of the Ministry of Agriculture and Livestock.
- Housing subdivisions under special regimes, under:
- The Special Law on Subdivisions and Parcels for Residential Use,
- The Special Law for the Regularization of Residential Land Subdivisions and Allotments,
- And those developed prior to the DOT’s entry into force.
The creation of the DOT brought with it a reorganization of powers in urban planning matters, which requires precise identification of when this Directorate intervenes and when the traditional channels must be followed before city halls or other bodies such as the OPAMSS. Understanding these limits is essential for proper project planning, avoiding duplication and correctly managing the authorization procedures under the current legal framework.
For any questions or to learn more about how these changes may impact your projects, please contact us at: Fidel Márquez (fmarquez@consortiumlegal.com) and Paulina Alarcón (palarcon@consortiumlegal.com).