The National Comptroller’s control over the interpretative powers of the Department of Urban Development

Abstract

The Departament of Urban Development has the power to construe the General Act of Urbanism and Construction and its regulations, which it does by means of administrative acts in the form of memos. This power, of legal express source and of general
effects, does not create new law, but has the purpose to clarify the meaning and sense of urban planning rules. Although the National Comptroller of the Republic recognizes these features, it has executed a substantial control over the interpretation conducted by the DDU, which means an intervention in a not allowed area because of its discretionary nature, moreover, it is banned in its own law, since it is about an opportunity or convenience decision.