On December 28, 1968, the Ministerio de la Gobernación (Ministry of the Interior) — via the Servicio Nacional de Inspección y Asesoramiento de las Corporaciones Locales — replied to the Pratdip Town Hall regarding the transfer of roads and services of the Planas del Rey (Planes del Rei) urbanization, requested by the developer Francisco Lebasque Belloncle and various property owners.
1) Nature and scope of the document
- Type: administrative response (preliminary technical opinion).
- Issuer: Ministerio de la Gobernación — Service of Inspection and Advice for Local Corporations.
- Recipient: Mayor of Pratdip.
- Reference: s/o 540 of December 23, 1968.
- Subject: possibility for the municipality to accept the transfer of existing roads and services in Planas del Rey.
2) Legal basis recalled
- Local Government Law (Art. 6): municipalities have the capacity to acquire property.
- Land Law (Art. 129): the transfer of roads is an essential condition for any urbanization.
In summary, the legal framework in principle allows the acceptance of the transfer.
3) Finding of an incomplete file
- Absence of supporting documents accompanying the request.
- No certification of the municipal agreement of October 18, 1968.
- Lack of plans, technical studies and inventory of the assets and services to be transferred.
4) Conditions prior to any acceptance
The Town Hall must have:
- The conditions set when authorizing the urbanization (Art. 42 of the Land Law).
- The precise content of the transfer proposal.
- The plans and complementary studies.
And above all, a detailed inventory including:
- Surface area and boundaries of the roads.
- Nature and condition of the installed services.
- Original value, depreciation, expected service life.
- Investments needed for maintenance and conservation.
- Possible returns and technical timelines.
5) Analysis
The Ministry considers that the transfer offer may be of interest to the municipality, but that as it stands (incomplete file), no conclusion can be reached and the Town Hall cannot decide on such a significant matter.
This letter therefore does not approve the transfer; it sets out the conditions that must be met for a regular acceptance to be possible.
6) Consequences
- Complete the file with the certified agreement, plans, studies and technical/economic inventory.
- Enable the Administration to issue a definitive opinion.
- Confirm that as early as 1968, the transfer was legally possible, subject to procedure.
