Approval by silence of reparcelling projects: administrative and registry constraints

Abstract

The resolution of the Directorate General for Legal Security and Public Faith of 4 October 2023 deals with the registration of a reparcelling project approved by silence to reject that it can take place in those cases in which, despite the expiry of the legally established period, the Administration opposes its recognition on the grounds that it is contrary to the planning. To this is added the interpretation of the Supreme Court against the positive sense of silence in relation to acts of management on the grounds that its recognition implies the transfer to the individual applicant of powers relating to the public service and, on the other hand, the obstacles to ensure its full operability, especially in the registry order.