What is the current General Urban Plan (POT) in force in Bogota?

The general urban plan is a tool that leads the organization of the city under a development plan that guides in an adequate manner the transformation that must take place in the city. The period of the POT is designed for it to last twelve years, however, Bogotá lasted seventeen years without the issuance of a new POT. Thus, Claudia Lopez designed and issued a new POT in 2021, which has generated several uncertainties for the citizens of Bogotá, since its enforcement has not been clear.

Therefore, to understand the current situation of the new POT, we will develop a factual description of the events that have recently happened:

1. On December twenty-ninth, 2021, the mayoress issued the “Plan de Ordenamiento Territorial Reverdecer Bogotá 2022-2035” through Decree 555 of 2021.

2. In February 2021, senator Miguel Uribe Turbay sued the Decree through which the new general urban plan was issued on the grounds that it was contrary to Article 12 of Law 810 of 2003. The foregoing, because the article states that "If the council does not approve in ninety calendar days the initiative, the mayor may do so by decree".

In this case, the claimant argued that the mayoress did not have the powers to issue the new general urban plan, as the impediments, recusals and withdrawals resulted in the suspension of the deadline to debate and approve the New POT by the District Council. According to senators Uribe judgement, only forty-two days had elapsed by the date the Decree was issued, so the mayoress did not have the competence to issue it.

3. On June fourteen, 2022, the Fifth Administrative Oral Court of Bogotá, based on the arguments of the claimant, decreed the provisional suspension of the new general urban plan while the evidence was studied to make a decision on the merits.

4. Following the provisional suspension of the new general urban plan, Decree 190 of 2004 (which regulated the previous general urban plan) became valid again while the Fifth Administrative Court of Bogotá decided on the merits of the lawsuit.

5. On the twenty-second of August 2022, on appeal by the District of Bogotá, the Subsection A of the Administrative Court of Cundinamarca revoked the provisional suspension decreed on the new general urban plan. 

The above, because the magistrate considered that the proceedings of the impediments and recusals did not give rise to the suspension of the term required for the debate of the new general urban plan in the District Council.  Therefore, at least preliminarily, it would appear that the mayoress had the competence to issue the new general urban plan on the date she did so.

6. The appeal of the sentence was given in the devolutive effect; which means that, the provisional suspension would take effect as of its notification. This would imply that the effects of Decree 555 of 2021 would be effective again as of September 5, 2022. However, the Fifth Administrative Oral Court of Bogota will still have to make a decision on the legality of the new POT. That decision could take years and is also subject to appeal before the same Administrative Court of Cundinamarca.