EL CONTROL DE LEGALIDAD URBANÍSTICA A TRAVÉS DE LA CALIFICACIÓN REGISTRAL. ALCANCE SOBRE LA DETERMINACIÓN DE SU EXTENSIÓN DE LA DOCTRINA RESULTANTE DE LA RESOLUCIÓN DE LA DGRN DE FECHA 19 DE MAYO DE 2010.

Abstract

The control of the legality of administrative acts of urban nature, registrable in the Land Registry, is a matter of extraordinary importance, especially given the proliferation of judgments declaring the illegality of such acts. The execution of those judgments, led to the restoration of legality, may cause the disappearance of the real estate property rights registered. When considering what should be the extent to those administrative acts of the registrar´s control of legality, we may consider either that the registrar shall examine the existence of the conditions of validity of such administrative action, and the adequacy of the administrative decision as provided in the land planning and of this, to the general planning and the law or, on the contrary, that the review of such adequacy should be done by the administrative courts. Starting out from the criticism of the Resolution of the General Direction of Land Registries and Public Notaries, dated May 19, 2011, we proceed to consider the various means provided by the law to prevent access to the Land Registry of illegal situations and we propose reforms that, without altering the core competence of registration, administration and judges, may allow us to
achieve a sufficient and timely review of registrable administrative activity.