At the beginning of the 1990s, several common areas and facilities in Planas del Rey were still legally linked to the developer, Francisco Lebasque. However, they had long been used by the property owners and maintained by the Urban Development Conservation Entity of Les Planes del Rei (EUCC).
Between 1993 and 2006, several court decisions gradually enabled these properties to be transferred to Pratdip Town Council. This change of ownership was an important step, but it did not mean that the Town Council formally accepted the entire development or immediately took over all its services.
1993 – The court orders the transfer
On 23 November 1993, the Falset Court ruled in favour of the EUCC in the proceedings brought against Francisco Lebasque.
The developer was required to complete the formalities needed to transfer the common areas. This ruling followed the efforts made since the 1960s and 1970s to transfer the streets, utility networks and land intended for collective use to the Town Council.
The judgment therefore confirmed the obligation to transfer these properties. However, the transfer did not take place immediately: certain documents still had to be signed, and the properties had to be correctly identified and registered with the Land Registry.
1994–2000 – A judgment that remained difficult to enforce
In 1994, the EUCC requested the enforcement of the judgment. It also asked Pratdip Town Council to intervene so that the process could move forward.
Despite these efforts, the developer’s lack of cooperation continued to delay the regularisation process. The court therefore had to go beyond simply recognising the obligation to transfer the properties.
During this period, the EUCC continued to maintain the common areas and manage the day-to-day operation of Planas. The situation nevertheless remained temporary: the use of the communal land and facilities still did not fully correspond to their legal status.
2001 – The court replaces the developer’s signature
On 29 October 2001, the Falset Court intervened in the enforcement of the 1993 judgment.
As Francisco Lebasque had not completed the necessary formalities, the court substituted his declaration of intent. In other words, the court order allowed the transfer to proceed without continuing to depend on his signature.
This order was the decisive step that paved the way for the notarial deeds and the registration of the properties concerned with the Land Registry.
This decision is explained in greater detail in the article about the Falset Court order of 29 October 2001.
2002 – The first registrations are confirmed
On 14 March 2002, the EUCC’s lawyer informed the Governing Board that the judicial and registration procedures had been completed for several common areas.
These properties were now registered in the name of Pratdip Town Council. Their registration legally confirmed the change of ownership.
However, it did not yet settle the question of their day-to-day management. The Town Council became the owner of certain areas, while the EUCC continued to use and maintain them.
Further details about this stage can be found in the article about the registration of the common areas in the Town Council’s name.
Temporary authorisation for property 1169
On 9 August 2002, the Town Council and the EUCC signed an agreement concerning property 1169, which includes the sports area.
The Town Council temporarily authorised the EUCC to occupy and manage the land until the development was formally accepted. The EUCC could therefore continue to use the facilities, but this authorisation did not restore its ownership of the land.
This agreement clearly illustrates the difference between two concepts:
- the Town Council may be the legal owner of a property;
- the EUCC may continue to use and maintain it pending its formal acceptance.
The agreement is explained in the article about the occupancy authorisation granted to the EUCC in 2002.
2004–2006 – The Land Registry situation is finally clarified
A new set of legal proceedings concerned properties 1169 and 1331. On 3 June 2004, Reus Court of First Instance No. 5 issued a judgment intended to clarify their description and registration with the Land Registry.
On 15 February 2006, the same court declared the judgment final and sent the necessary instructions to the Falset Land Registry.
This final decision brought the legal proceedings to regularise the registration of these properties to an end. Their Land Registry status is examined in greater detail in the article about the judgment of 3 June 2004.
A transfer of ownership, but not yet formal acceptance
Between 1993 and 2006, several common areas in Planas were therefore gradually transferred into the ownership of Pratdip Town Council.
However, it is essential not to confuse this change of ownership with the formal acceptance of the entire development.
Registering land in the Town Council’s name establishes its legal ownership. Formal acceptance of the development, on the other hand, requires the works and infrastructure to meet the required technical standards and the Town Council to formally agree to take responsibility for them.
By the end of this period, ownership of several common areas had been regularised, but Planas’s utility networks, roads and services had still not been formally accepted as a whole.
This distinction explains why, alongside these legal proceedings, the EUCC launched new renovation projects aimed at completing the works and enabling Planas to be fully integrated into the municipality of Pratdip.
La Tribune de Planas
Reference documents
The main court decisions that marked the different stages of this process can be consulted below:
