On March 5, 1996, the legal services of the Generalitat de Catalunya issued an official opinion regarding the situation of the urbanization Planas del Rey (Planes del Rei).
This report analyzes the obligations of the Municipality of Pratdip and the rights of the property owners, following the court rulings and the actions of the Entitat Urbanística Col·laboradora de Conservació (EUCC).
1) Context
- The report follows on from the judgment of the Falset Court of November 23, 1993.
- It addresses the persistent difficulties related to the handover of infrastructures (roads, networks, green areas) of the urbanization.
- The Generalitat clarifies the respective responsibilities of the developer, the EUCC, and the Municipality.
2) Main Conclusions
- The Municipality of Pratdip cannot avoid the acceptance of the mandatory cessions, confirmed by law and judicial decisions.
- The EUCC should only play a provisional role, and not a permanent one, in the management of services.
- A prolonged refusal or municipal inaction could be considered a serious fault.
3) Rights of Property Owners
- The residents of Planas del Rey have the right to demand the enforcement of court rulings.
- They must not be penalized twice: paying both municipal taxes and EUCC fees.
4) Scope of the Report
This report constitutes a major legal document in the history of Planas del Rey.
As early as 1996, the Generalitat recognized the obligation of the Municipality to assume the maintenance and management of infrastructures, highlighting the illegality of municipal inaction.
