[et_pb_section fb_built=”1″ admin_label=”Section-Article” module_class=”section-article” _builder_version=”4.16″ custom_margin=”0px|0px|0px|0px” custom_padding=”0px|0px|0px|0px” global_colors_info=”{}”][et_pb_row use_custom_gutter=”on” gutter_width=”1″ admin_label=”Ligne-Article” module_class=”ligne-article et_pb_row_fullwidth” _builder_version=”4.16″ width=”100%” width_tablet=”100%” width_phone=”” width_last_edited=”on|desktop” max_width=”100%” max_width_tablet=”100%” max_width_phone=”” max_width_last_edited=”on|desktop” custom_margin=”0px||0px” custom_padding=”0px||0px” make_fullwidth=”on” global_colors_info=”{}”][et_pb_column type=”4_4″ _builder_version=”4.16″ custom_padding=”|||” global_colors_info=”{}” custom_padding__hover=”|||”][et_pb_text admin_label=”Texte-2 February 2019: Planas property owners informed about removing urban-planning charges” module_class=”txt-article” _builder_version=”4.27.9″ text_font=”||||||||” header_font=”||||||||” header_2_font=”||||||||” header_3_font=”||||||||” header_4_font=”||||||||” header_5_font=”||||||||” hover_enabled=”0″ global_colors_info=”{}” sticky_enabled=”0″]<\/p>\n
In February 2019, La Tribune de Planas informs property owners that they may ask the Falset Land Registry to remove certain urban-planning charges linked to the economic reparcelaci\u00f3n project for Planes del Rei<\/span>.<\/p>\n At the time, the situation is presented in fairly simple terms: an \u201curban-planning debt\u201d would have been registered against properties in 2012 and the project would later have been cancelled by the Land Registry in May 2018, without the debt disappearing automatically.<\/p>\n The documents recovered since then allow this history to be described more accurately. The reparcelaci\u00f3n was indeed administratively validated in 2012, but its registration at the Land Registry encountered several obstacles. As for 4 May 2018, this date appears to correspond to the expiry of a registry entry linked to the procedure, rather than to the cancellation of the reparcelaci\u00f3n itself.<\/span><\/p>\n In simple terms:<\/span> three separate issues must be distinguished: the administrative decision adopting the reparcelaci\u00f3n, its registration at the Land Registry and any charges or entries appearing against an individual property.<\/span><\/p>\n The economic reparcelaci\u00f3n project for PAU-4 Planes del Rei is drawn up at the request of Pratdip Town Council.<\/p>\n A first version is adopted at the beginning of 2012. However, the Town Council identifies an important element missing from the file: the provisional liquidation account<\/span>, intended to establish how the economic consequences of the operation are to be allocated among the affected properties.<\/p>\n The Town Council therefore restarts the procedure on 15 March 2012 and opens a new public consultation period.<\/p>\n A large number of objections are subsequently submitted by property owners and other affected individuals or organisations.<\/p>\n After considering them, the Town Council gives final approval to the economic reparcelaci\u00f3n project on 11 July 2012<\/span>. The decision provides, among other things, for the project to be sent to the Falset Land Registry so that it can be registered once it becomes enforceable.<\/p>\n An important distinction then emerges between the administrative procedure conducted by the Town Council and the registration procedure.<\/p>\n The project validated in July is submitted to the Falset Land Registry, but its registration receives a negative qualification on 28 December 2012<\/a>.<\/p>\n Later municipal documents indicate that several issues have to be corrected, particularly the description and boundaries of certain properties and the notifications sent to some owners registered at the Land Registry.<\/p>\n The 2012 reparcelaci\u00f3n therefore remains a final administrative decision, but the document submitted cannot be registered in its existing form at the Land Registry.<\/span><\/p>\n Following this negative qualification and discussions with the Falset Land Registry, the Town Council begins correcting the file.<\/p>\n A second consolidated version is initially adopted on 15 April 2015. Its purpose is, among other things, to resolve the difficulties encountered when attempting to register the 2012 version.<\/p>\n After further notifications, objections and corrections, the Town Council gives final validation to this second consolidated version on 4 January 2018<\/span>.<\/p>\n The decision once again provides for the project to be sent to the Falset Land Registry. It is published in the Official Gazette of the Province of Tarragona on 16 March 2018.<\/p>\n Meanwhile, the Association of Residents of Les Planes del Rei had challenged the validity of the reparcelaci\u00f3n before the courts.<\/p>\n One of its arguments was that the final decision of 2012 had never really existed, in particular because the project had not been registered at the Falset Land Registry.<\/p>\n In Judgment 591\/2018 of 11 April 2018, the Spanish Supreme Court rejects this argument.<\/p>\n The Court clearly distinguishes between two successive procedures:<\/p>\n The Supreme Court therefore considers that the absence of registration of the 2012 project does not mean that the administrative decision had never existed.<\/p>\n The Court rejects the review application brought by the association.<\/p>\n The former La Tribune article stated that \u201cthe registration of the reparcelaci\u00f3n project\u201d had been cancelled by the Land Registry on 4 May 2018.<\/p>\n The documents recovered since then allow this statement to be qualified.<\/p>\n A Land Registry extract dated 20 March 2018 concerning property 1169 refers to a marginal entry linked to a certificate issued as part of the reparcelaci\u00f3n procedure.<\/p>\n This entry had been extended for a further three years on 4 May 2015<\/span>.<\/p>\n 4 May 2018 therefore very probably corresponds to the expiry of that extension.<\/p>\n This does not mean that the economic reparcelaci\u00f3n itself was cancelled on that date.<\/span> The expiry or removal of an entry at the Land Registry does not automatically cancel the administrative decision that gave rise to the procedure.<\/p>\n It is in this context that the article published on 2 February 2019, originally signed by Martine Belgeonne, informs property owners of a possible procedure before the Falset Land Registry.<\/p>\n The form circulated at the time allows, among other things, a certificate concerning a property and its charges to be requested. It is also possible to request the removal of certain charges that have expired.<\/p>\n The article states that the procedure cost \u20ac47.35<\/span> at the time and took approximately fifteen days<\/span>.<\/p>\n However, this information relates to the procedure and fees communicated in 2019<\/span>. It should not be regarded today as up-to-date information on the formalities, timescales or fees applied by the Falset Land Registry.<\/p>\n The expression \u201curban-planning debt\u201d used in the former article could give the impression that the same debt had automatically been registered against every property in Planes del Rei.<\/p>\n The documents currently available suggest that greater precision is needed.<\/p>\n The economic reparcelaci\u00f3n project did indeed include a provisional liquidation account<\/span> and an allocation of the economic consequences of the operation among the affected properties.<\/p>\n However, the Land Registry position of each individual property must be examined separately.<\/p>\n It is therefore more accurate to refer to urban-planning charges or registry entries linked to the reparcelaci\u00f3n<\/span> rather than to an identical \u201curban-planning debt\u201d automatically payable by every property owner.<\/p>\n The documents now available allow the chronology to be reconstructed more accurately:<\/p>\n In simple terms:<\/span> the economic reparcelaci\u00f3n, its registration at the Land Registry and any charges appearing against an individual property are three separate issues. Making this distinction allows us today to understand more clearly what actually happened between 2012 and 2019.<\/span><\/p>\n La Tribune de Planas<\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" In February 2019, La Tribune de Planas informs property owners that they may ask the Falset Land Registry to remove certain urban-planning charges linked to the economic reparcelaci\u00f3n project for Planes del Rei. At the time, the situation is presented in fairly simple terms: an \u201curban-planning debt\u201d would have been registered against properties in 2012 […]<\/p>\n","protected":false},"author":1,"featured_media":33311,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[205],"tags":[],"class_list":["post-13583","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles-from-2015-to-2018"],"yoast_head":"\n
\n2012: an economic reparcelaci\u00f3n project for Planes del Rei<\/h2>\n
\nThe municipal decision is not enough for registration at the Land Registry<\/h2>\n
\nA second version is prepared to enable registration<\/h2>\n
\n11 April 2018: the Supreme Court confirms the 2012 decision<\/h2>\n
\n
\nWhat, then, does the date of 4 May 2018 mean?<\/h2>\n
\nIn 2019, property owners are informed of a possible procedure<\/h2>\n
\n\u201cUrban-planning debt\u201d or urban-planning charge?<\/h2>\n
\nWhat to remember<\/h2>\n
\n
\nReference documents<\/h3>\n
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