El blog de Maria

Urban conservation entities are public entities, of compulsory formation and own legal personality and capacity to fulfill its purpose, since its entry in the Register of Town Planning Collaborating Entities. 

They arise as a consequence of the duty of maintenance of infrastructure works, including maintenance of the allocations and public services, once these have been taken over by the municipality. 

This duty of maintenance can correspond to the Local Council or to the owners of plots in the execution unit sector which is subject of those works of urbanization. 

When the obligation corresponds to owners, they must be grouped in Urban Maintenance Entity, and thus its affiliation is mandatory. 

In Andalucia region, Article 153.3 of Law 7 / 2002, on Town Planning in Andalucia, determines that the maintenance of infrastructure works is for the owners of plots, grouped legally in Urban Maintenance Entities in the following cases: 

A) When voluntarily assumed by any method. 
B) When the plots are within execution units or areas identified for this purpose only, if so provided by urban planning. 

Same provision states that urban conservation entities are subject to the supervision of the municipality and may request and obtain from it the application of  public enforcement procedures for the requirement of appropriate conservation fees to be paid by the owners.

 Quota fees of owners for the maintenance costs will be determined as follows: 

A) According to what is established by the statutes of the Urban Conservation Authority. 
B) Alternatively, according to what is established by the system for implementing the corresponding execution unit. 
C) As a last resort, according to what is allocated under horizontal property law rules. 

Owners may be individuals, companies or administrative bodies. The Local Council, as owner of some land is a landowner, and as such, has to participate proportionately in the costs. 

The acquisition of ownership rights on land within the Conservation Entity determines the membership of this, involves the purchaser in the subrogation of rights and obligations attached to it, (art. 28 RD 3288/1978 25 August, Urban Management). 

In this regard, Article 1.1 of Royal Decree 1093/97 of 4^th of July on entries in the Land Registry of Planning acts includes, within those firm acts which are recordable in the Register, those related to maintenance or urban infraestructures.

Maria

www.costaluzlawyers.es 

"Silla del papa", Bolonia, Tarifa (Cadiz); by Chodaboy, at flickr.com