LA INSCRIPCIÓN EN EL REGISTRO DE LA PROPIEDAD DE SENTENCIAS FIRMES ANULATORIAS DE INSTRUMENTOS DE PLANEAMIENTO URBANÍSTICO.

Abstract

Spanish laws and regulations recognize that appeals to the courts against planning instruments and final court rulings that declare planning instruments null and void are subject to registration. Registration cannot be hindered on the grounds that the proceeding or ruling at issue fails to produce a legal/real or descriptive alteration of the property at issue, because instruments of this type do not have such effects. Nor can registration be hindered on the grounds that registration cannot be granted for the mere sake of information disclosure. If such obstacles were admitted as existing, it would become impossible to register judicial decisions of this sort, an outcome that would contradict Spanish law. In addition, public knowledge of land planning affairs would be hampered, because publication in official journals alone does not suffice to guarantee that third parties can learn of urban planning matters.