Maritime-land public domain

A recent case has raised the question of whether a community of property ownerscan apply for and be the holder of an administrative concession to continue using an area of the maritime-land public domain. This concerns acommunity terrace and pool that occupy part of the public domain land and whoseoriginal concession, granted decades ago, had alreadyexpired.

When the community wanted torenew the concession, the Administrationdenied their request, arguing that as a community of property owners they do not have legal personality. They were told that they should establish themselves as a "board of owners"with legal personality or submit the request signed by all the neighbors. Faced with the refusal, the» with legal personality or submit the request signed by all neighbors. In case of refusal, thecommunity appealed first through administrative channels and, after an initial defeat, turned to the courts.

In the end, the case has reached the Supreme Court (SC), which has clarified how this issue works. The SC summarizes that homeowners' associations (according to the LPH)do not have legal personality, they can act on behalf of all their neighbors, hire, have accounts, or defend themselves in court, but that does not make them an independent legal entity.

The SC considers that theadministrative concession–for example, to occupy part of the promenade with a pool or terrace– can only be held bylegal entities or by those who do have that legally recognized capacity. Although associations can request the concession acting through their representative, the concession can only beformally granted in the name of all co-owners, each according to their share of the building.

Furthermore, for a concession that affects everyone to go ahead,all neighbors mustagree; a property owner cannot be forced against their will or be imposed economic consequences.

Theonly exception is for very specific cases, such as the hydraulic public domain, but it does not apply to the coasts.

Finally, the SC distinguishes betweentemporary authorizations(such as placing umbrellas on the beach, which can be authorized by the community) andmore serious concessions, which grant real rights registered in the registry. That is why the concession can only be registered in favor of clearly identified individuals, not in the name of the community of property owners.

Our professionals can advise you and handle all issues related to contracting with the Administration.