Execution of the planning

Let's say you are the owner of a piece of land and you sign an agreement with your municipality to develop it according to the urban plan of the town. The usual thing in these cases is that the person signing the agreement with the Administration is the owner of the land. But, what if you sell this land shortly after? Do you still have rights over this agreement? Can you request its cancellation if you are no longer the owner?

The Supreme Court (TS) has made its position clear: as soon as, after signing the agreement, you transfer the lands to another person, you lose all the rights of this agreement, including the right to request its termination. The reason is simple: the rights and obligations of the urban planning agreement are always linked to the property of the land. Therefore, whoever buys the lands will be from that moment on the one who has these rights (and also their obligations).

In the case studied, those who initially signed wanted to ask the City Council to resolve the agreement after selling the land, but neither the court, nor the Court of Appeals, nor the Supreme Court have ruled in their favor. For the judges, only the new owner has standing to act regarding this agreement, since the agreement is linked to the property of the estate. In short, if the lands are sold, the new owner takes on the "leading role," and there is nothing more to say about this agreement.

If you feel harmed and dissatisfied with an administrative action, our professionals can advise you in defending your rights.