The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to assign a rental registration number to a property. The registrar denied the request on the grounds that the property intersected with the maritime-terrestrial public domain (DPMT) (Art. 36.1.a of RD 876/2014). However, the resolution upheld the appeal, considering that the intersection is minimal, negligible, and lacks practical effects for the public interest, as the DPMT delimitation appears to follow the contours of pre-existing buildings in established urban areas.
For companies owning real estate in coastal areas, this resolution sets a precedent regarding proportionality in the application of boundary delimitation rules. It allows for the challenging of negative assessments by Registrars when the alleged encroachment on the maritime-terrestrial public domain is minimal, accidental, or lacks practical relevance to the public interest, particularly in established urban centres.
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