DOCTRINA DE LA DIRECCIÓN GENERAL DE LOS REGISTROS Y DEL NOTARIADO SOBRE PARCELACIONES URBANÍSTICAS EN ANDALUCÍA.

Abstract

The existence of and legal focus on plot division in land planning is one of the perpetually hot topics in the subject of discipline in land planning, and it is accompanied by major connotations for registration and notarial authorities. In this sense, singular importance may be attached to the detailed analysis given in this paper, based on the legislation in force in the Autonomous Community of Andalucía. The paper examines the different decisions the Directorate-General of Registries and Notarial Affairs has handed down on this issue since the current Andalusian Act on Zoning went into force. Significant emphasis is given to fundamental topics such as the distribution of powers between the national government and the autonomous communities; the relationship between the concepts of subdivision and plot division; presumptions of plot division in connection with horizontal divisions, the interposition of companies or disposals of pro indiviso shares; the application of the rule of consent through non-reply to plot division licenses or declarations stating that plot redivision is unnecessary; communications between property registry authorities and city councils; and the efficacy of institutional cooperation among notaries, property registrars, city councils and the Andalucía Council (the latter being the genuine touchstone for the solid defence -in terms of preventive legal certainty- of lawfulness in land planning within the sphere of the trade in real estate). This paper endeavours to offer the broadest possible overview, accompanied by critical commentaries concerning the directorate-general's evolution over the last few years in terms of plot division in Andalusian land planning. The different actual cases that have arisen are addressed.