On August 9, 2002, the Entitat Urbanística Col·laboradora de Conservació (EUCC) of Planes del Rei, represented by René Mimouni, and the Municipality of Pratdip, represented by Josep Fortuny, signed an urban planning agreement in order to legally secure the ownership and management of the common areas of Planas del Rey (Planes del Rei).
1) Nature of the document
- Administrative agreement (“urban planning agreement”) covering the period until the formal reception of the urbanization.
- Parties: EUCC (René Mimouni) and Municipality of Pratdip (Mayor Josep Fortuny).
- Purpose: to clarify the effects of the land registry entry of the common areas in the name of the municipality and to organize transitional management.
2) Legal background recalled
- Urbanization launched in the 1960s by Francis Lebasque, left unfinished.
- 1968: suspension of payments by the developer; the common areas remained registered in his name.
- 1993: ruling of Falset obliging the free transfer of the common areas to the municipality.
- 2001: enforcement proceedings (art. 708 LEC); judicial registration of the common areas in the name of the municipality.
3) Essential content of the agreement (“Pactes”)
- Ownership ≠ Reception: registration in the name of the municipality does not amount to the administrative reception of the works.
- Authorization of occupation: the municipality authorizes the EUCC to occupy and manage the finca registral 1169 (Property Registry of Falset) for conservation, maintenance, use of common services, and completion of the works.
- Commitment of the EUCC: the EUCC undertakes to ensure the upkeep, maintenance, and completion of the urbanization works.
4) Legal scope
- Legal security: to prevent private third parties from claiming common lands already in use by everyone.
- Distinction between ownership/reception: the municipality is the owner but the reception remains deferred.
- Externalization of costs: during the transitional phase, management and costs remain the responsibility of the EUCC (i.e. the property owners).
5) Controversial points / risk areas
- Absence of a reception timetable: risk of indefinite prolongation of the transitional phase.
- Financial burden on property owners for assets already municipal.
- Lack of clarity on the precise definition of works still to be carried out and their completion criteria.
6) Conclusion
The agreement of August 9, 2002 confirms a transitional situation: the common areas belong to the municipality, but the management and completion of the works remain with the EUCC until reception. This arrangement secured public ownership while transferring maintenance and costs to the property owners.
Quick timeline
- 1968: suspension of payments (developer).
- 1993: Falset ruling ordering the transfer.
- 2001: judicial enforcement (art. 708 LEC).
- 2002: EUCC–Municipality agreement; transitional management.
