Official legal report drafted by the Generalitat at the request of the Entitat de Conservació of the urbanization Les Planes del Rei. This document clarifies the legal status of the entity and the obligations of the owners.
1) Question raised by the EUCC
- Whether the entity had been established in a mandatory or voluntary manner.
- What the legal implications were for the owners.
2) Response from the Generalitat
Mandatory constitution
The Entitat de Conservació of Les Planes del Rei was established with a mandatory character by decision of the Plenary of the Pratdip Town Hall on July 24, 1987.
This decision was based on:
- The third transitional provision of Law 9/1981 of November 18 on the protection of urban planning legality.
- Article 25 of the Urban Management Regulation of August 25, 1978.
Obligations of the owners
“The owners of the land included within the scope of action of the Entity are obliged to maintain the urbanization works.”
- This obligation is independent of whether the owner participated in the creation of the EUCC.
- The obligation is legal and automatic.
- In the case of a sale, the buyer is automatically subrogated to this obligation.
3) Legal scope
- The Town Hall imposed the EUCC without consulting the owners, which is legal but a source of tensions.
- The EUCC was established to compensate for the lack of assumption by the Town Hall, despite the attempt to integrate the roads between July 1986 and May 1987.
- The document confirms the transfer of maintenance responsibility to the owners, within the framework of an official non-reception by the municipality.
