Principales irregularidades que se presentan en el sector urbanístico en Colombia y mecanismos para prevenirlas y sancionarlas

Abstract

Irregularities in the ‘urban sector’ in Colombia is a phenomenon that has been increasing, making visible and generating traumas in the planning and execution of urban planning processes in the country. However, the sufficient normative and jurisprudential development in matters of territorial ordering, land use, and the granting of urban licenses, some problems ac-count for the difficulties for effective and efficient fulfillment of the processes aimed at regulation and the organization of cities. Proof of this is the so-called ‘land turning’ phenomenon, a behavior that falls, among others, on the actors involved in the construction of the Land Use Plans and those interested in businesses tied to urbanization, which for-profit they alter the spirit of the rules in order to materialize particular interests, to the detriment of the public benefit. Accompanying the above, the scourge of corruption has been proven through judicial deci-sions, particularly in the department of Cundinamarca, which reveals the systematic interest in appropriating resources on behalf of administrative decisions related to the process’s infra-structure and urban planning. There is an urgent need for a change in the paradigm of what is wanted for the good use of land in the territories, the simplification of the rules, the efficient application of the same, the ethical control of public servants, and the change of consciousness short and long-term that commits all those involved to act in defense of the cities. Also, there is a need for a clear strategic route for strengthening the public administration on this issue and the universal and constitutional rights of those who inhabit them, and generations to come.