In August 2002, an agreement was signed between the Urban Conservation Entity of Planas del Rey (EUCC) and the Town Hall of Pratdip concerning the communal areas of our urbanisation, specifically the swimming pool and the tennis courts.
A legal problem inherited from the 1960s
Since the creation of Planas del Rei in the 1960s, the urbanisation has never been completed as planned, either administratively or in terms of infrastructure. Its developer, Francis Lebasque, after suspending his payments in 1968, never finalised the official transfer of the communal areas and equipment to the Town Hall of Pratdip.
Despite written promises, this transfer was never formalised by a notarial deed.
A judicially imposed solution
Faced with this deadlocked situation, the EUCC initiated legal proceedings in 1990, which resulted in a decision obliging the developer to officially transfer the communal equipment to the Town Hall.
In the absence of voluntary compliance, the EUCC obtained in 2001 a direct registration of the land in the name of the Town Hall of Pratdip with the Property Registry of Falset, by court order.
The 2002 agreement: a provisional framework
It was in this context that, on August 9th, 2002, an agreement was signed between the EUCC and the Town Hall of Pratdip. This document provides important clarifications:
- The registration of the land in the name of the Town Hall does not amount to an official reception of the urbanisation.
In other words, the Town Hall remains the owner of the equipment but still refuses to recognise the urbanisation as completed and integrated into the municipality’s public infrastructure. - The EUCC is authorised to occupy and use these areas, including the swimming pool and tennis courts, in order to ensure their maintenance, management and, if necessary, to complete the urbanisation works.
This agreement was presented as a transitional measure aimed at guaranteeing the legal security of residents and preventing these areas from being reclaimed by third parties or sold, which would have been possible as long as they were still registered in the name of the defaulting developer.
Update June 2025
A situation still unresolved
More than twenty years after this agreement, the Town Hall has still not officially accepted the urbanisation of Planas del Rei. This legal uncertainty persists, leaving residents in limbo and placing the responsibility for maintaining the infrastructure on the EUCC and property owners.
This 2002 document reminds us that, despite official statements, the Town Hall has been the owner of the communal areas for over twenty years, and that its refusal to take over the management of our urbanisation is a political choice rather than a legal constraint.
Original document
-Read also: 28 December 1968: The Maneuvers That Delayed the Integration of Planas del Rey
-Read also: 1977: When the promoter of Planas offered the infrastructures to the Pratdip Town Hall
-Read also: When justice replaces the developer: a forgotten judgment from October 29, 2001
-Read also: The court rules: the EUCC of Planas del Rey should have been dissolved since 1995
