The plaintiffs questioned the regulatory change and its impact on urban planning in the Santo Domingo metropolitan area.
SANTO DOMINGO Ordinance 10-2020 issued by the National District City Council (ADN) null and void , after verifying that it was approved without the legal backing of the Council of Aldermen , the competent body in municipal regulatory matters.
The ruling, marked with the number 0030-04-2025-SSEN-00394 , establishes that the municipal provision intended to modify Resolution 85/2009 , which regulates the parameters of housing density and building height in district 1 of the National District , without complying with the procedures required by law.
“The president of the Council does not have the authority to issue regulatory resolutions,” the Superior Administrative Court (TSA) stated, after determining that there was neither a quorum nor a collegial vote as required by Article 58 of Law 176-07. Furthermore, it warned that the annulled ordinance lacked technical and legal justification, thus violating principles of administrative legality and the requirement for justification of public acts .
The annulled ordinance, approved on November 26, 2020 , sought to modify Resolution No. 85-2009 on Indicative Zoning of Densities for District I of the National District, with the objective of establishing new ranges of height and net density of inhabitants per hectare for buildings on plots of less than 300 square meters and greater than 600 square meters.
The appeal was filed by Constructora Aredu, SRL , represented by lawyers Julio Cury, José Alberto Cruceta Jr. and Daniel Pérez Peynado, who questioned the regulatory modification and its impact on urban planning in the metropolitan area of Santo Domingo .
“Ogando usurped the powers of the Council and acted outside the framework of municipal law,” Cury stated, pointing to instances of incompetence and abuse of power . Cruceta, for his part, emphasized that the National District violated the principles of legal certainty and legitimate expectation , fundamental in any relationship between private individuals and public administration.
Meanwhile, Pérez Peynado recalled that urban regulatory modifications must respond to objective criteria and follow the procedure established by Law 107-13 on the rights of people in their relationship with the administration.
The court's decision revokes Ordinance 10-2020 and constitutes a relevant precedent for respecting municipal legality and formal regulatory processes in urban planning in the National District .
With information from Diario Libre.
