The Constitutional Court declared significant portions of articles 26 and 28 of Law 368-22 on Territorial Planning, Land Use, and Human Settlements unconstitutional, as reported in Diario Libre. The decision, outlined in ruling TC/1146/23, is grounded in the violation of municipal autonomy as enshrined in the Constitution.
The ruling, though issued in 2023, was not officially notified until 2025, creating a legal limbo for local governments and real estate investors. The challenge to the legislation was brought forward by Waldys Taveras, a municipal specialist and executive director of the Greater Santo Domingo Association.
Taveras argued that the law unconstitutionally granted authority to the Ministry of Economy, Planning, and Development and the Council of Ministers in approving construction and land use permits. These powers, he asserted, are the exclusive domain of municipal governments.
Key points of the ruling:
• Restoration of municipal powers: The Constitutional Court’s decision reinstates the authority of municipalities in land use and planning matters.
• Constitutional violation: The ruling emphasizes that Article 137 of the Constitution does not grant regulatory or oversight powers to the Council of Ministers. The National Congress, therefore, violated constitutional principles by passing Law 368-22.
• Precedence and municipal autonomy: The decision reinforces previous Constitutional Court rulings that affirm municipal jurisdiction in urban planning.
• Legal uncertainty: The delay in notifying the ruling, nearly two years after its issuance, has created significant legal uncertainty.
• Specific articles deemed unconstitutional: articles 26 and 28 of Law 368-22 on Land Use and Human Settlements.
• Constitutional articles that were violated: Articles 137, 199, 184 and 204 of the Dominican Constitution.
The court’s decision is seen as a crucial precedent in safeguarding municipal autonomy. It also underscores the role of the Dominican Municipal League and the Dominican Federation of Municipalities (Fedomu) in ensuring constitutional compliance.
The Constitutional Court clarified that the Council of Ministers only have the power to organize and expedite government decisions and that the municipalities are the correct governing body when regarding land use and construction permits.
Read more in Spanish:
Diario Libre
Hoy
17 March 2025