High court says City Council of the capital city irregularly changed densities in capital city

Dozens of high rises have been built in the capital city, after the president of the City Council signed off on a ruling to allow this.

Actually, single-family homes are now the exceptions in many central city neighborhoods in the Poligono Central and surrounding areas. This was until Mayor Carolina Mejia and the City Council overturned a resolution that had restricted apartment construction in the area since 2009.

Once the new ordinance was in effect with the backing of Mayor Carolina Mejia, real estate developers rushed to build apartments on the plots with single homes, disregarding there was no area for parking, streets were narrow, water services and sewage services not built for high densities. Dozens of properties have gone up with developers promising buyers they would pay for themselves by rentals to services such as Airbnb. Thousands of trees and patios with green areas were eliminated as the city government allowed the planting of concrete instead.

Noticias SIN now reports that the Superior Administrative Court (TSA) issued a ruling that annuls the ordinance signed into effect by the National District City Council (Consejo de Regidores) on grounds that it violates the powers of the City Council. The TSA court is in charge of hearing cases on whether the government entity has complied with the law.

The late ruling marks a setback for the National District City Council and is observed by some as a precedent in the enforcement of legal procedures and municipal institutional integrity.

The Superior Administrative Court (TSA) officially nullified Ordinance No. 10-2020, issued on 26 November 2020, by Víctor E. Ogando, president of the City Council of the National District City Government (ADN). The decision is detailed in ruling No. 0030-04-2025-SSEN-00394, dated 11 June 2025.

The annulled ordinance had aimed to modify Resolution No. 85-2009 regarding indicative zoning densities in Electoral District No. 1 of the National District. Specifically, it sought to alter height ranges and net population density per hectare for plots smaller than 300 square meters and larger than 600. The number of high rises has not been quantified, but entire blocks have been impacted.

The TSA upheld a contentious-administrative appeal filed by the construction firm Constructora Aredu, SRL, represented by attorneys Julio Cury, José Alberto Cruceta Jr., and Daniel Pérez Peynado. The court found that Víctor Ogando had overstepped his authority by taking unilateral action on a matter that, under Article 52 of Law No. 176-07, falls exclusively under the jurisdiction of the City Council (Consejo de Regidores).

The court ruled that the law does not grant the president of the City Council the authority to approve regulatory resolutions, as this falls within the jurisdiction of the full body he presides over. Furthermore, it was clarified that since Ordinance No. 10/2020 does not indicate that it was adopted by a majority vote of the council members present, the meeting of the quorum required by Article 58 of the aforementioned legislation, it must be inferred that this regulatory act was issued by an incompetent authority.

The court established that the City Council president Ogando had committed acts of incompetence and abuse of power. “As if under a constitutional rule of law, authorities were free to act on a whim,” stated attorney Julio Cury in reference to the ruling.

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3 July 2025