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Law 33/2003 Of November 3, The Heritage Of The Public Administrations.

Original Language Title: Ley 33/2003, de 3 de noviembre, del Patrimonio de las Administraciones Públicas.

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TEXT

JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

I

The fundamental provisions of the State Heritage Law are close to the forty years of validity: the text of the Law on State Heritage Bases was approved by Decree 1022/1964 of 15 April, and its Regulation by Decree 3588/1964 of 5 November.

During the nearly four decades since its promulgation, the political and legal context in which these norms are inserted, and even the same reality that they intend to regulate, have undergone far-reaching changes. Among others of minor importance, the approval of the Constitution of 1978, which, on the one hand, dedicates a specific article, 132, to public goods, demanding laws to regulate " the Heritage of the State "and" the legal system of public domain goods " and, on the other hand, territorially articulates the State on the basis of autonomous, competent communities, each one to regulate its own patrimony; it is also important to highlight the process General of the regulatory renewal that has affected the basic legal bodies that the activities of the Administration; the proliferation of special management regimes, through which the administration of large masses of goods is channelled; and, finally, the notorious expansion of the public housing stock, in particular with regard to buildings intended for administrative purposes, with the correlative increase in their participation in public expenditure and the consequent need to consider the budgetary implications more closely of its management. Similarly, the business public sector has experienced a remarkable growth and typological diversification, acquiring a progressive complexity the framework of its relations with the General Administration of the State.

The adaptation of the heritage legislation to this new scenario has been attempted through partial modifications of Decree 1022/1964, of April 15, for which the articulated text of the Law of Bases is approved. State Heritage and the enactment of rules that have regulated specific aspects of the administration of state assets.

However, the partial and limited nature of these attempts has prevented the articulation of an integral response to the demands posed by the new conditions in which the wealth management has to be developed, in such a way that, in The present time, legislation on public goods faces the challenge of integrating a number of gaps and addressing certain problems that can only be addressed with ownership through comprehensive legal reform.

Among the issues that need to be addressed in a peremptory way is the definition of the state framework which should serve as a reference to the different administrations as regards basic legislation in the field of public goods.

In the same way, it seems necessary to redirect the regulatory fragmentation that applies to the legislation applicable to public assets in the state sector, especially objectionable if such fragmentation is considered to have already been denounced by the Law of State Heritage Bases as the first of the vices of our law in this field. The "purely administrative process", in which the system of patrimonial legislation was drawn up, which in the wake of the 1962 text proved to be reprobate, seems to have once again been imposed on the legislative rationality and, at the present time, the Decree 1022/1964, of 15 April, by which the text of the Law of State Heritage Bases is approved as a provision regulating the patrimony of the General Administration of the State and Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State, as a rule for the patrimonial regime As public bodies have to adjust, they are overwhelmed by a multiplicity of provisions which have established peculiar regimes of administration for certain masses integrated into the state's patrimony or rules. special for the goods of certain organisms.

The relative mismatch of Decree 1022/1964, of 15 April, approving the articulated text of the Law of State Heritage Bases, in spite of its technical perfection unanimously recognized and, in connection with the latter trait, the anchoring of the law in an eminently static conception of patrimonial management, largely overcome by the most dynamic approximations, inspired by the principle of efficient mobilization of assets, which today report systems In the case of the management of goods in the countries of our environment and in large corporations, are problems whose treatment cannot be deferred either.

The passage of time, finally, has led to a progressive lack of coordination, even in formal legal aspects, between Decree 1022/1964 of 15 April, approving the text of the Law of Bases of the State heritage and other regulatory blocks that integrate the core regulatory core of the administration's activity and functioning.

Reacting to this situation, the Law of the Heritage of Public Administrations aims to lay the normative bases for the formulation and development of a global policy regarding the management of public goods In order to address the various problems arising from the relations between the various public administrations in the field of assets, to carry out a careful review of the rules governing the administration of goods and to update the regulation of the business public heritage.

II

One of the fundamental concerns of the law has been to make possible the articulation of an integral patrimonial policy for the state sector, which will allow the division of the systems of administration of the goods to be overcome. public policy and coordinate its management with the public policy set, the policies of budgetary and housing stability.

From this initial approach, it has been understood that the patrimonial policy must be defined by the globality of its scope, its centralized coordination and its support in basic principles explained by its own law.

In this way, the globality or omnicomrensiveness of the approach, which constitutes one of the basic traits of the law, has extended to both the subjective delimitation of its scope, and the treatment it gives to its object of regulation.

Thus, from the subjective point of view, the law has chosen to consider jointly the patrimonial regime of the General Administration of the State and that of the public agencies dependent on it, a methodological option that begins to be built from the same formal data of his contemplation in a single legal body overcoming the excision in two texts that currently exist and of the parallel development of the own norms of each one. This has meant to overcome the fractional character and, to some extent, residual that has traditionally had the regulation of the goods of the public bodies, addressing in a comprehensive and homogeneous way its patrimonial problems.

Additionally, and with a more substantive scope, the generality of the legal approach finds its vehicle of expression more finished in the new meaning of the traditional term "State Heritage" that, in the law, passes to designate the set of assets owned by the General Administration of the State and its public bodies. It must be stated, however, that the conceptual redirection of these heritage masses to the new category thus defined has not been carried out for the purpose of absorbing the separate ownership corresponding to the General Administration of the State and public bodies on their respective assets, or erode their management autonomy. The concept is not intended to refer to a relationship of ownership, of difficult legal construction from the moment in which the subjective referent is lacking, but its coinage has a merely instrumental purpose, and serves the objectives of to allow joint treatment of these sets of goods for certain regulatory purposes, and to highlight the overall affectation of the assets of the General Administration of the State and its public bodies, as subordinate organizations to the compliance with the purpose of the State.

With regard to the objective field of regulation, the law deviates from the embodied tradition in Decre to 1022/1964, of April 15, by which the articulated text of the Law of State Heritage Bases is approved, and He is inclined to consider that the demanial assets are fully incardinated in the patrimony of the Public Administrations. The public patrimony thus becomes defined as a set of assets and rights that may be subject to a double regime: of a public legal nature, the demanial goods and rights, and of a private legal nature, the assets.

This new treatment of public goods and rights, in line with that which they receive in the various autonomous legislations and in Royal Decree 1372/1986, of June 13, for which the Regulation of Goods of the Local entities, highlights the management elements common to both categories, while appearing to respond more adequately to the open or variable character by the play of the institutions of the affectation and disaffection of their qualification (a) the legal, mutability which is particularly pronounced in relation to buildings administrative.

In any case, the regulation of the goods and rights of public domain known more extensive, moreover, than that which is contained in Decree 1022/1964, of 15 April, for which the articulated text of the Law of State Heritage bases are designed to operate in an extra capacity with respect to the special legislation. The application to the first degree of its rules will therefore only take place in relation to those demanial goods for affectation which lack a specific discipline, pointing out, the administrative buildings, whose management problems are object of particular consideration in the text, and that they have served as a guide for the regulation carried out.

Relying on the new concept of State Heritage, the text drafted has aimed to strengthen the coordination of the management of goods throughout the state. In any case, and as with the definition of that category, the idea of coordination is part of a full respect for the autonomy of management that corresponds to the different holders of goods to, from this base, establish mechanisms to enable the common and general affectation of the goods and rights of the General Administration of the State and its public bodies to the realization of the objectives and the exercise of the State's powers.

terms of the instrumental means, the coordination has been built, with regard to its organizational aspect, on the systematization and clarification of the powers of the Council of Ministers and the Minister of Finance, the institutionalization of the Financial Coordination Commission for Real Estate and Heritage Actions, and the strengthening of the role of the Coordinating Board of Administrative Buildings. The transposition of the principle into the rules of operation has led to a review of the figures serving as a channel for transfers of goods and rights between the General Administration of the State and its public bodies, with the aim of extend the possibilities of use of the same by subjects other than their holders, and thus enable their more efficient allocation.

The articulation of the patrimonial policy is closed with the enunciation of the principles to be subject to the management of the goods and rights, principles that ultimately respond to the consideration of these goods and rights as assets that must be managed in an integrated manner with the remaining public resources, in accordance with the constitutional criteria of efficiency and economy, and effectively making their vocation to be applied to the performance of functions and public ends. Moving forward on this idea of heritage assets, the law calls for the management of the assets fully integrated with the other public policies and, in particular, with the housing policy, which it will take into account, in the mobilisation of such assets, the guidelines derived from those assets.

III

In the area of interadministrative relations, the precise identification of the rules that make up the general estate regime of all public administrations is unpostponed.

This regime has its fundamental core in the norms that are declared basic in exercise of the competence attributed to the State by Article 149.1.18. of the Constitution to approve the " bases of the legal regime of the Public administrations ", a matter of which the patrimonial regime does not constitute but a plot, and the" basic legislation on administrative contracts and concessions ".

The approval of this basic legislation meets two essential requirements, from the legal technical point of view, for the patrimonial system: on the one hand, to close, at its top, the regulatory bloc of the Public administrations ' goods met a demand raised not only by state rules but also by the regional authorities and, on the other hand, to eliminate the legal uncertainty generated by having to extract the bases of the legislation. on the interpretation of rules which have not been issued with this objective, a problem that has emerged in the disputes that have reached the Constitutional Court and that has a negative impact on the legislative work autonomic, which has to move in an area characterized by its indefinition.

In addition to these basic rules, other provisions of the law will apply to all public administrations as they are civil rules (Article 149.1.8), procedural rules (Article l49.1.6), rules on rules Economic and Social Security (Article 149.1.17), or legislation on compulsory expropriation (Article 149.1.18.).

Next to the delimitation of the general rules of the patrimonial regime of public administrations, the enunciation of the principles that must inform the relations between them in this field is a novelty of the law, whose This is inspired by the Law of Costs and Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Cooperation and collaboration are principles which have a central value for the management of these relations in so far as their real implementation and full development can make a decisive contribution to the public rights are used as efficiently as possible in the service of the purposes to which they are intended. Together with these, other principles contained in the legal text are those of institutional loyalty, mutual information, assistance, respect for the respective competences and weighting in their exercise of the totality of public interests in the presence.

As an organic transfer of these statements, a Sectoral Conference on Heritage Policy is institutionalized, with the mission of channeling the coordination and cooperation relations between the General Administration of the State and the Autonomous communities in this field.

IV

Wealth management, the core of which is enshrined in Title V of the law, is the central axis of its regulation.

In relation to the legal basis of the management of the goods and public rights, the integration of the patrimonial legislation with the general laws regulating the activity has been carried out in the first term. administrative, updating referrals and forwards, and bringing the adopted regulatory solutions into line.

Secondly, the law has sought to expand the possibilities of action of the Administration in this field and the incorporation to the acquis of the wealth management of new categories of negotiations, for which it has sanctioned formally the regulation of certain businesses which already enjoy a certain amount of typicality in the estate practice, and has offered express coverage to certain actions, which, being usual in the traffic, do not find, however, a clear accommodation in the legislation in force.

In this same legal-formal plane, finally, the law has addressed a determined procedural simplification, with the objective of approximating the times of the management to the speed demanded by the market in the external plane, and In this context, the Commission has been responsible for the various bodies of the General Administration of the State and its public bodies, as recipients or beneficiaries of the action of the Ministry of Finance in this field. Under this perspective, certain procedures deemed unnecessary, redundant or of low value have been removed in order to provide relevant elements of judgment to the decision-making body, maintaining and strengthening the necessary to ensure the (memoirs and reports), adequacy of the operation to market conditions and suitability of the good (appraisals and expert reports) and legal correction (report of the State Advocate) of the business to be concluded. In any case, this simplification of procedures and rationalisation of procedures has been carried out with scrupulous respect for the principles of objectivity and transparency in the management and without the necessary controls.

As far as material resources are concerned, the law is fully committed to the full use of electronic, computer and telematic means in all areas of wealth management and, in particular, to those who require a smooth relationship with third parties.

Finally, particular attention has been paid to articulating a coherent set of procedures, technical instruments and performance powers that are designed to achieve maximum efficiency in the use of space. intended to house administrative offices and offices. To this end, a number of actions aimed at optimising their use are envisaged on the basis of plans approved by the Council of Ministers and implemented by the Ministry of Finance. to which extensive powers are recognized to monitor the use of buildings by the Administration.

V

The forecasts for the business public heritage are set within areas of action governed both by public law and private law enforcement. The extent to which the subjects to be applied are defined is intended to cover all economic units linked to the General Administration of the State likely to be considered as undertakings, including the commercial companies in which the State holds control positions even without the majority of the capital.

The main piece of this normative core is the design of a new scheme of relations of the Ministry of Finance with the business public entities, of which are fundamental elements the consideration of own funds these entities as part of the assets of the General Administration of the State, similarly to the capital of the commercial companies, and the allocation to the Minister of Finance of certain decisions in matters of strategic management.

Finally, within the state mercantile societies, special rules are provided for those whose capital corresponds entirely to the General Administration of the State or its public bodies and which have a net Instrumental vocation. Due to these characteristics, these companies are exempt from the fulfilment of certain requirements of the Royal Decree of Law 1564/1989 of 22 December 1989 approving the recast of the Law of Companies facilitate their management and are subject to a functioning regime with shared competences between the Ministry of Protection responsible for the instrumental policy and the Ministry of Finance.

PRELIMINARY TITLE

General provisions

CHAPTER I

Object and Scope

Article 1. Object of the law.

This law aims to establish the foundations of the patrimonial regime of public administrations, and to regulate, in accordance with the provisions of Article 132 of the Constitution, the administration, defense and conservation of the Estate of the State.

Article 2. Scope.

1. The legal status of the General Administration of the State and the public bodies attached to it or dependent on it shall be governed by this law.

2. They shall apply to the autonomous communities, entities that comprise the local authority and entities governed by public law, linked to or dependent on them, the articles or parts thereof listed in the second final provision.

CHAPTER II

Heritage of public administrations

Article 3. Concept.

1. The assets of the public authorities are constituted by the whole of their assets and rights, whatever their nature and the title of their acquisition or that by virtue of which they have been attributed to them.

2. The money, securities, credits and other financial resources of its finances shall not be included in the assets of the public authorities, nor, in the case of public entities and similar entities dependent on the local autonomous communities or corporations, the resources that constitute their treasury.

Article 4. Classification.

By reason of the legal regime to which they are subject, the assets and rights that make up the patrimony of public administrations may be of public or demanial and private domain or property.

Article 5. Public or demanial property and rights.

1. It is public property and rights that, being of public ownership, are affected to the general use or to the public service, as well as to those to whom a law expressly grants the character of demanials.

2. They are state public domain goods, in any case, those mentioned in article 132.2 of the Constitution.

3. The property of the General Administration of the State or of the public bodies attached to it or dependent on it in which it is housed, offices or agencies of its organs or of the constitutional organs of the State shall be deemed, in any case, to be public domain goods.

4. Public property and rights shall be governed by the laws and special provisions applicable to them and, in the absence of special rules, by this law and the provisions which develop or supplement it. The general rules of administrative law and, failing that, the rules of private law, shall apply as a supplementary right.

Article 6. Principles relating to public domain goods and rights.

The management and administration of demanial goods and rights by public administrations will be in accordance with the following principles:

a) Inalienability, inembargability, and printability.

b) Adequation and sufficiency of goods to serve the general purpose or public service to which they are intended.

c) Effective application to general use or public service, without further exceptions than those arising from duly justified public interest reasons.

d) Preferred dedication to common use versus their proprietary use.

e) Diligent exercise of the prerogatives that this law or other special powers grant to public administrations, guaranteeing their preservation and integrity.

f) Identification and control through appropriate inventories or records.

g) Cooperation and collaboration between public administrations in the exercise of their powers over the public domain.

Article 7. Property and rights of private or property ownership.

1. They are assets and rights of private or property ownership which, being of ownership of the public administrations, do not have the character of demanials.

2. In any event, the assets of the General Administration of the State and its public bodies shall be considered to be the right to lease, securities and securities representing shares and shares in the capital of companies. market or bond issued by them, as well as futures and options contracts whose underlying asset is constituted by shares or units in commercial entities, the rights of property incorporated, and the rights of any nature arising from the ownership of the assets and property rights.

3. The system of acquisition, administration, defense and disposal of property and property rights shall be provided for in this law and in the provisions that develop or supplement it. The rules of administrative law shall apply, in all matters relating to competition, in order to adopt the relevant acts and the procedure to be followed for that purpose, and the rules of private law in so far as they are applicable. affect the other aspects of its legal regime.

Article 8. Principles relating to property and property rights.

1. The management and administration of assets and property rights by public administrations shall comply with the following principles:

a) Efficiency and economics in their management.

b) Effectiveness and profitability in the exploitation of these goods and rights.

c) Advertising, transparency, concurrency and objectivity in the acquisition, exploitation and disposal of these goods.

d) Identification and control through appropriate inventories or records.

e) Collaboration and coordination between different public administrations, in order to optimize the use and performance of their assets.

2. In any event, the management of assets must contribute to the development and implementation of the various public policies in force, and in particular to housing policy, in coordination with the relevant administrations.

CHAPTER III

State Heritage

Article 9. Concept.

1. The State Heritage is integrated by the patrimony of the General Administration of the State and the assets of the public bodies that are in relation to the State's dependency or relationship with it.

2. The management, administration and exploitation of the assets and rights of the State Heritage that are of ownership of the General Administration of the State shall correspond to the Ministry of Finance, through the General Directorate of the Status.

3. The management, administration and exploitation of the assets and property rights of the State that are of ownership of the public bodies shall correspond to these, in accordance with the provisions of their rules of creation or organization and operation. or in their statutes, subject in any case to the provisions of such property and rights in this law.

Article 10. Competencies.

1. It is for the Council of Ministers, on a proposal from the Minister of Finance:

a) Define the policy applicable to the assets and rights of the State Heritage.

b) Establish the coordinated action criteria for the proper management of such goods and rights.

c) Agree or authorize the acts of disposition, management and administration that this law attributes to you.

d) Exercise the powers conferred upon it by this law in relation to the optimization of the use of administrative buildings and the management of the business public sector of the General Administration of the State.

2. It is for the Financial Coordination Commission for Real Estate and Heritage Actions:

a) Elaborate the guidelines of the real estate policy.

b) Analyse the financial and budgetary implications of the real estate and urban operations of the General Administration of the State and its public bodies and, where appropriate, make proposals to be considered convenient.

c) To know the plans and proposals for investment and divestment of the General Administration of the State and its public bodies when, due to its budgetary implications or to affect different agents, it is appropriate (a) to establish compensation or special charges of revenue to certain bodies and to promote the measures necessary for their implementation.

d) Coordinate the performance of real estate agents linked to the General Administration of the State in complex urban planning operations.

e) Orienting public real estate to meet the general objectives of other policies in place, especially those of budgetary consolidation, administrative modernization and housing.

3. Corresponds to the Minister of Finance:

(a) Propose to the Government the approval of the necessary regulations for the development of this law and, where appropriate, dictate the provisions and resolutions necessary for its implementation.

b) Vellar for compliance with government-defined wealth policy, for which it will dictate instructions and guidelines.

c) Verify the proper use of the State Heritage property resources and the public expenditure associated with them.

d) Approve, on a proposal from the General Directorate of the State Heritage, the rates of occupation and basic criteria for the use of the administrative buildings of the State Heritage.

e) Elevate to the Council of Ministers or to the Delegation of the Government for Economic Affairs the proposals relating to the patrimonial policy and the criteria of coordinated action for the proper management of the goods and State Heritage rights.

f) Agree or authorize the acts of disposition, administration and exploitation that this law attributes to you.

g) Exercise the powers conferred upon it by this law in relation to the optimization of the use of administrative buildings and the management of the public sector of the General Administration of the State.

4. It corresponds to the ministerial departments:

(a) To execute, within the scope of its powers, the patrimonial policy approved by the Government, and to implement the guidelines and instructions issued by the Minister of Finance.

b) Exercise the functions related to surveillance, legal protection, defense, inventory, administration, conservation, and other actions that require the correct use of the assets and rights of the State Heritage that they have or whose administration and management corresponds to them.

c) To exercise the functions of administration, management and income in the Public Treasury of the rights to be perceived by the private use of the public domain that are affected or whose administration and management corresponds.

d) Request from the Minister of Finance the affectation of the goods and rights necessary for the fulfillment of the purposes and functions assigned to them, and their disaffection when they cease to be necessary.

e) To request from the Ministry of Finance the acquisition of goods and rights necessary for the fulfillment of the public functions and purposes that they have attributed.

5. It corresponds to the General Directorate of State Heritage:

(a) Elevate the Minister of Finance with proposals that he considers appropriate for the proper management, administration and use of the assets and rights of the State Heritage.

b) Oversee, under the direction of the Minister of Finance, the execution of the patrimonial policy set by the Government.

c) Agree or authorize the acts of disposition, administration and exploitation that this law attributes to you.

d) Exercise the powers conferred upon it by this law in relation to the optimization of the use of administrative buildings and the management of the business public sector of the General Administration of the State.

e) to exercise the executive coordination of real estate operations involving several agents linked to the General Administration of the State when it is entrusted to it by the Council of Ministers or by the Commission of Financial Coordination of Real Estate and Heritage Actions.

6. It is for public bodies that are dependent on the General Administration of the State:

(a) Run, within the scope of its powers, the patrimonial policy approved by the Government and implement the guidelines and instructions issued by the Minister of Finance.

b) Exercise the functions relating to surveillance, legal protection, defense, inventory, administration, conservation, and other actions that require the correct use of the goods and rights of the body or assigned to it itself, or whose administration and management corresponds to them.

c) To exercise the administration, management and collection of economic rights that they perceive for the private use of their own or assigned public domain or whose administration and management correspond to them.

d) Request from the Minister of Finance the attachment of goods and rights for the fulfilment of the public functions and purposes they have entrusted to them, and their disattachment when they cease to be necessary.

e) Manage your own assets in accordance with the law of the body, in this law and in its implementing rules.

(f) To install the incorporation of the assets of the General Administration of the State of their real estate when they cease to be necessary for the fulfilment of their purposes and thus be appropriate in accordance with the provisions of the article 80 of this law.

Article 11. Deconcentration and competition of competences.

1. The powers relating to the acquisition, management, administration and disposal of assets and property rights of the State may be the object of deconcentration by royal decree agreed upon in the Council of Ministers on the proposal of the Minister of State Hacienda.

2. The Council of Ministers may discretionally endorse the knowledge and authorization of any act of acquisition, management, administration and disposal of property and rights of the State. Similarly, the body responsible for carrying out these acts may propose to the Minister of Finance his elevation to the consideration of the Council of Ministers.

Article 12. Action against third parties.

1. The representation of the General Administration of the State in the actions related to its assets and property rights corresponds to the Ministry of Finance, which will exercise it through the General Directorate of the State Heritage and the Delegations for Economic Affairs and Finance. The representation of the General Administration of the State in matters of patrimonial which corresponds to the Minister of Finance shall be exercised abroad by means of the diplomatic representative, who may delegate it in an express manner to officials of the corresponding embassy or representation.

2. The representation of the public bodies attached to the General Administration of the State in the actions relating to their property and property rights shall correspond to the bodies which are legally or legally assigned to it and, in default of express attribution, to its presidents or directors.

3. The representation in judgment for all matters affecting the State's Heritage shall be governed by the provisions of Law 52/1997 of 27 December 1997 on Legal Assistance to the State and Public Institutions.

Article 13. Coordination.

1. In all the ministerial departments and public bodies, units shall be in charge of the administration, management and conservation of the assets and rights of the State which are affected or assigned or whose administration and management corresponds to them.

2. These units will coordinate their actions with the General Directorate of the State Heritage for the proper administration and optimization of the use of these goods and rights.

3. The Ministry of Finance shall be represented in all corporations, institutions, companies, councils, agencies and other public entities that use assets or property rights of the General Administration of the State.

Article 14. Collaboration.

1. The Ministry of Finance, the ministerial departments and the public agencies dependent on the General Administration of the State will collaborate with each other for the efficient management and use of the assets and rights integrated in the World Heritage Site. of the State.

2. For such purposes, the ministerial departments and the public bodies dependent on the General Administration of the State may request from the Ministry of Finance how much data they deem necessary for the best use of the goods which have been affected or attached.

3. Likewise, the Ministry of Finance through the General Directorate of the State Heritage or the Coordinating Board of Administrative Buildings, may request from the ministerial departments and public agencies dependent on the General administration of the State as much data as it considers necessary on the use and situation of the goods and rights which they have been affected or assigned, which they use in the lease or, in the case of the public bodies, that they are of their own property.

TITLE I

Acquisition of goods and rights

ONLY CHAPTER

Article 15. Ways to acquire.

Public administrations may acquire goods and rights in any of the ways provided for in the legal order, and in particular the following:

a) By attribution of the law.

(b) For consideration, whether or not for the exercise of the power of expropriation.

c) By inheritance, legacy, or donation.

d) By prescription.

e) By occupation.

Article 16. Patrimonial character of the assets acquired.

Except legal provision to the contrary, the goods and rights of the General Administration of the State and its public bodies are understood to be acquired with the character of heritage, without prejudice to their subsequent affectation to the use of the general or public service.

Article 17. Vacant buildings.

1. The real estate of the owner is owned by the General Administration of the State.

2. The acquisition of these goods will be produced by law ministry, without the need for any act or declaration by the General Administration of the State. However, this attribution will not result in any tax liability or liability for the General Administration of the State due to the ownership of these goods, as long as the actual incorporation of these goods does not occur. the assets of that person through the procedures provided for in paragraph (d) of Article 47 of this Law.

3. The General Administration of the State may take possession of the goods thus acquired on an administrative basis, provided that they are not owned by anyone at the same time as the owner, and without prejudice to the rights of the third party.

4. If a holder exists as the owner, the General Administration of the State shall establish the appropriate action before the organs of the civil court.

Article 18. Abandoned balances and deposits.

1. The General Administration of the State is responsible for the securities, money and other movable property held in the General Deposit Box and in credit institutions, companies or securities agencies or any other financial institution, as well as the balances of current accounts, savings books or other similar instruments opened in these establishments, for which no management has been carried out by the persons concerned which involves the exercise of their right of ownership in the 20-year period.

2. The management, administration and operation of these assets shall be the responsibility of the Ministry of Finance through the General Directorate of the State Heritage, which may be responsible for the procedure which, depending on the nature of the property or the right, it considers more appropriate, after reasoned justification in the respective file.

3. Depository entities shall be required to report to the Ministry of Finance the existence of such deposits and balances in the manner determined by the order of the Minister in this department.

4. The Banco de España, in its inspection activities, shall verify the effective fulfilment of this obligation by the credit and financial institutions and shall communicate the infringements which it advises to the Ministry of Finance for the purposes of the imposition of the a sanction that is appropriate in accordance with the provisions of Title IX of this Law.

5. The audit reports to be issued in relation to the accounts of these institutions shall include, where appropriate, the existence of outstanding amounts and deposits in abandonment in accordance with the provisions of paragraph 1 of this Article.

Article 19. Acquisitions for onerous purposes.

The acquisitions of goods and rights for consideration and on a voluntary basis shall be governed by the provisions of this law and shall supplement the rules of private, civil or commercial law.

Article 20. Special rules for hereditary acquisitions.

1. The acceptance of the inheritances, whether they have been previously deferred or by virtue of law, will always be understood as an inventory benefit.

2. Where a free provision has been made in favour of a public administration for the purpose of fulfilling or carrying out activities which fall within the exclusive competence of another, the existence of such a provision shall be notified to the Commission. Competent administration in order to be accepted, if any, by the latter.

3. If the provision has been made for the purposes of competition of public administrations without the precise designation of the beneficiary, it shall be deemed to have been carried out in favour of the competent authority and, concurrent powers, in favour of the higher territorial scope of those powers to which it may correspond, by reason of the domicile of the deceased.

4. The provisions for the death of property or rights shall be deemed to be deferred in favour of the General Administration of the State in cases in which the holder points out, as a beneficiary to one of its organs, the constitutional bodies of the State or State itself. In these cases, the willingness of the available person shall be respected, allocating the goods or rights to the own services of the bodies or institutions designated as beneficiaries, provided that this is possible and without prejudice to the conditions or charges The arrangements for the provision to which the provisions of paragraph 4 of the following Article apply.

5. The provisions for death in favour of State bodies or bodies which have disappeared on the date of the date of the succession shall be construed as being in favour of those who, within the State sphere, have assumed their duties, and, in their defect, in favor of the General Administration of the State.

6. The legitimate succession of the General Administration of the State shall be governed by the Civil Code and supplementary provisions.

Article 21. Acquisitions for free.

1. It is up to the Minister of Finance to accept the inheritances, legacies and donations in favor of the General Administration of the State, except in cases where, according to the Spanish Historical Heritage Law, the competition is attributed to the Minister of Education, Culture and Sport. However, donations of movable property shall be accepted by the Minister in charge of the competent department where the donor has indicated the purpose to which they are intended.

2. They shall be competent to accept the provisions free of charge in favour of public bodies linked or dependent on the General Administration of the State by their presidents or directors.

3. The General Administration of the State and the associated or dependent public bodies may only accept inheritances, legacies or donations which bear any expenses or are subject to any onerous conditions or conditions if the value of the Tax does not exceed the value of what is acquired, according to expert assessment. If the charge exceeds the value of the good, the provision may be accepted only if duly justified reasons of public interest are present.

4. If the goods have been acquired under condition or mode of permanent affectation to certain destinations, they shall be deemed to have been fulfilled and consummated when they have served such destinations for 30 years, even if they cease to be in circumstances oversold in the public interest.

5. Those who, by reason of their position or public employment, have news of the existence of a will or offer of donation in favor of the General Administration of the State will be obliged to put it in knowledge of the Ministry of Finance. If the provision is in favour of a public body, they must communicate it to the public body.

Article 22. Purchasing prescription.

Public administrations may purchase goods on prescription in accordance with the provisions of the Civil Code and the special laws.

Article 23. Occupation.

The occupation of movable property by public administrations will be regulated by the provisions of the Civil Code and the special laws.

Article 24. Acquisitions resulting from the exercise of expropriation power.

1. The acquisitions that take place in the exercise of the power of expropriation will be governed by the Law of 16 December 1954, of Expropriation Forced, and by Law 6/1998, of April 13, on Soil Regime and Valorations or other norms special.

2. In such cases, the affectation of the good or the right to the general use, to the public service, or to purposes and functions of a public nature is implied by the expropriation.

3. The subsequent disaffection of the good or right or the mutation of its destination shall not give rise to the right to urge its reversal in the form and with the conditions laid down in Article 54 (2) of the Law of 16 December 1954, Expropriation Forzosa, and in Article 40 (2) of Law 6/1998, of 13 April, on Soil Regime and Valorations.

4. The offering and processing of the rights of reversal, where appropriate, shall be effected, after the physical and legal situation of the goods, by the ministry or body which has been required to be expropriated, even if the goods have been was subsequently affected or attached to a different one. For these purposes, the ministry or body to which the goods will subsequently be affected or assigned shall communicate to the person who has called for the expropriation of the event of the origin of the right of reversal.

The recognition of the right of reversal will imply the disaffection of the right or right to which it relates. However, pending the implementation of the agreement, it shall be for the ministerial department or body to be affected or assigned the right or right of the reversal to provide what is necessary for its defence and conservation.

If the reversal is not consummated, the disaffection of the good or the right shall be effected in accordance with the provisions of Article 69.

Article 25. Award of goods and rights in implementing procedures.

1. The acquisition of goods and rights under awards agreed in administrative award procedures will be governed by the provisions of Law 230/1963 of 28 December, General Tax, and Royal Decree 1684/1990, of 20 of December, for which the General Rules of Collection are adopted.

2. In the judicial procedures for the execution of which the adjudications of goods and rights can be followed in favor of the General Administration of the State, the State Advocate shall immediately inform the Delegate of Economy and Finance the opening of the time-limits for requesting the award of the goods on board, in order to ensure that the relevant body agrees on the opportunity to request such an award.

Article 26. Adjudications of goods and rights in other judicial or administrative proceedings.

1. The judicial or administrative adjudications of goods or rights in cases other than those provided for in the preceding article shall be governed by the provisions laid down by law.

2. In the absence of special provisions, the following rules shall be observed in the awards of goods in favour of the General Administration of the State:

(a) awards to the General Administration of the State without prior report of the Economy and Finance Delegate may not be agreed upon. For this purpose, the relevant communication must be sent to this body, in which a sufficiently precise description of the right or right to award shall be given, indicating the burden on him and his situation. posessory.

(b) The award shall be notified to the Economic and Finance Delegation, with the transfer of the order, providence or respective agreement.

(c) The Economic and Finance Delegation shall have the necessary arrangements to identify the goods awarded and their expert assessment.

(d) These measures shall be formalised, where appropriate, the incorporation into the assets of the General Administration of the State of the goods and rights awarded.

3. In the absence of specific provisions, the rules laid down in the preceding paragraph shall be observed in the awards for public bodies which are dependent on or linked to the General Administration of the State. application, although the award must be authorised by the president or director of the body.

Article 27. Taking possession of the goods awarded.

The Administration may take possession of the goods awarded on an administrative basis, exercising, where appropriate, the power of eviction regulated in Section 5. of Chapter V of Title II of this Law.

TITLE II

Heritage protection and protection

CHAPTER I

From the obligation to protect and defend heritage

Article 28. Extension.

Public administrations are obliged to protect and defend their assets. To this end, they shall adequately protect the property and rights that make up the property, ensure their registration, and exercise administrative powers and judicial actions that are brought to this end.

Article 29. Duty of custody.

1. The holders of the competent bodies which hold their office property or rights of the State's Heritage are obliged to ensure their custody and defence, in the terms set out in this Title.

2. Equal obligations to concession holders and other rights to public domain goods.

CHAPTER II

From limitations to the availability of goods and rights

Article 30. Arrangements for the availability of goods and rights.

1. Public or demanial property and rights are inalienable, imprescriptible and unembargable.

2. Property and property rights may be disposed of in accordance with the procedure and subject to compliance with the legally established requirements. Likewise, these goods and rights may be the subject of a prescription by third parties in accordance with the provisions of the Civil Code and the special laws.

3. No court or administrative authority may provide for the seizure or dispatch of any order against property and property rights where they are materially affected by a public service or a public service, where their returns or the proceeds of their disposal are legally affected at the end of the day, or in the case of securities or securities representing the capital of State companies which carry out public policies or provide services of General economic interest. Compliance with judicial decisions determining obligations under the General Administration of the State or its bodies shall be carried out in accordance with the provisions of Articles 44 of the General Budget Law, recast approved by Royal Decree-Law No 1091/1988 of 23 September 1988 and 106 of Law 29/1998 of 13 July, Regulatory Jurisdiction-Administrative Jurisdiction.

Article 31. Transaction and submission to arbitration.

There will be no judicial or extrajudicial compromise on the assets and rights of the State's Patrimony, nor will it be possible to submit to arbitration the races that are raised on them, but by means of a royal decree agreed upon in the Council of Ministers, on a proposal from the Treasury, after obtaining the opinion of the full State Council.

CHAPTER III

From the estate inventory

Article 32. Obligation to form inventory.

1. Public administrations are obliged to invent the assets and rights that make up their assets, stating, in sufficient detail, the particulars necessary for their identification and those that are necessary to reflect their legal status and the destination or use to which they are being dedicated.

2. The General Inventory of Goods and Rights of the State will include all the assets and rights that make up the State's Heritage, with the exception of those that have been acquired by the public bodies for the purpose of returning them to the (a) a legal entity that is a property of the State of the State of the State of the State of the State of the State of the State of the State. ministerial or public bodies, in accordance with the provisions of Article 33.3 of this Law.

In respect of each good or the right, data that are deemed necessary for its management and, in any case, those corresponding to the operations that, in accordance with the General Plan of Public Accounting, give place to annotations in the corresponding headings of the same.

3. The shares and securities representing the capital of commercial companies owned by the General Administration of the State and the public bodies of which are dependent shall be reflected in the corresponding patrimonial accounts, the principles and rules applicable to them shall be included in an inventory of an ancillary nature which shall be coordinated with the system of patrimonial accounting.

4. The patrimonial inventory of the autonomous communities, local entities and entities governed by or dependent on them shall include, at least, the real estate and the actual rights thereon.

Article 33. Structure and organization of the General Inventory of State Goods and Rights.

1. The General Inventory of Goods and Rights of the State is in charge of the Ministry of Finance, its conduct will correspond to the General Directorate of the State Heritage and to the units with competence in matters of patrimonial management of the ministerial departments and public bodies linked to or dependent on the General Administration of the State, acting as auxiliary bodies.

2. The State Heritage Directorate shall directly carry out the inventory corresponding to the following assets and property rights of the State, whether demanial or heritage:

a) Real estate and real rights about them.

(b) The lease rights and any other personal rights under which the General Administration of the State is assigned the use or enjoyment of other buildings.

(c) Furniture and incorporated property, the inventory of which does not correspond to the ministerial departments or public bodies that are or are linked to the General Administration of the State.

(d) transferable securities and securities representing shares and units in the capital of commercial companies or bonds issued by them.

3. By the competent units in the assets of the ministerial departments and public bodies attached to or dependent on the General Administration of the State, and without prejudice to the records, catalogues or inventories of goods and rights that they are required to carry under special rules, shall take the inventory of the following assets and property rights of the State:

(a) Public domain goods subject to special legislation whose administration and management are entrusted to them.

(b) State-owned infrastructure on which management and management powers are held.

c) The movable property acquired or used by them.

d) Property rights incorporated or generated by the activity of the department or body or whose management is entrusted to it.

Likewise, ministerial departments and public bodies will maintain a permanently updated catalogue of real estate and real rights that are affected or assigned, and of the leases agreed to host to your organs.

4. The General Inventory of Goods and Rights of the State does not have the consideration of public registration and the data reflected in it, as well as the results of its aggregation or statistical exploitation, constitute information of support for the management and the definition of policies of the General Administration of the State and its public bodies.

This data will not have any effect on third parties and may not be used to enforce rights against the General Administration of the State and its public bodies.

The third-party query of the General Inventory data will only be sourced when they are part of a file and in accordance with the general rules of access to them.

5. The conditions under which public administrations may have access to the General Inventory of Goods and Rights of the State in respect of the data corresponding to the goods in the territory to which they are extended shall be regulated. their powers.

6. Similarly, the terms in which the Ministry of Finance will provide, for information purposes, citizens ' access to the most relevant data from the General Inventory of State Goods and Rights will be regulated.

Article 34. Training and updating of the General Inventory of State Goods and Rights.

1. In accordance with the provisions of Article 33 of this Law, the units responsible for the management of assets shall take the necessary measures for the immediate constancy in the General Inventory of Goods and Rights of the State of the facts, acts or business relating to their property and rights, and shall notify the General Directorate of the State's Heritage of the facts, acts and business that may affect the legal and physical situation of the goods and rights whose inventory corresponds to the referred to as a management centre, or to the destination or use thereof.

2. The Ministry of Finance may direct instructions on any issue related to the formation and updating of the General Inventory of State Goods and Rights, and also to collect as much data or documents as it deems necessary.

Article 35. Control of the registration in the General Inventory of Goods and Rights of the State.

1. No acts of management or disposition may be carried out on the assets and rights of the State Heritage if they are not duly registered in the General Inventory of Goods and Rights of the State.

2. The verification of the data relating to the inclusion, discharge or any other modification affecting goods or rights to be inventoried shall be included within the scope of the financial control exercised by the General Intervention of the State administration, in accordance with Royal Legislative Decree 1091/1988 of 23 September, approving the recast text of the General Budget Law, and its implementing legislation.

3. State Attorneys will specifically warn in how many reports they issue in relation to the state's property rights and property rights about the obligation to include in the inventories, if it does not consist of them.

CHAPTER IV

From the registry regime

Article 36. Enforcement of enrollment.

1. The public authorities must register in the corresponding records the assets and rights of their assets, whether demanial or property, that are susceptible to registration, as well as all the acts and contracts referred to them that may have access to such records. However, registration will be a potential for public administrations in the case of leases that are eligible under the mortgage legislation.

2. The registration must be applied for by the body which acquired the right or right, or who has given the act or intervened in the contract to be entered in the register or, where appropriate, by the body responsible for its administration and management.

3. In the case of files which are instructed for the registration of goods or rights of ownership of the General Administration of the State or its autonomous agencies, the State Advocate shall issue a report. If the goods or rights correspond to other public entities that are dependent on the General Administration of the State, the body to which its legal advice corresponds should be issued.

Article 37. Title sign-up.

1. Registration in the Land Registry will be practiced in accordance with the provisions of the mortgage legislation and in this law.

2. The operations of grouping, division, aggregation and segregation of farms and other operations provided for in Article 206 of the Mortgage Act of 8 February 1946 shall be carried out by transfer of the administrative provision in which they are verified, or by means of the certification provided for in that Article, provided that they do not affect third parties.

3. In addition to the means provided for in Article 200 of the Mortgage Law, the certification referred to in Article 206 of this Law shall be valid for the resumption of the following interrupted tract, provided that the holders of the inscriptions contradictory or their successors have not formulated any opposition within 30 days of the date on which the Administration has transferred them from the certification which it is proposed to register, by means of personal notification or, if not possible, by publication of edicts in the terms expressed below. If the persons concerned are not known, the certification may be registered where the contradictory entries are more than 30 years old, have not been altered during that period and have been published for 30 days communicating the intention to register the certification on the city council board, and in the "Official State Gazette", in that of the autonomous community or in the province, depending on the administration that issued it, without any expressed opposition by the one who proves to be entitled to the goods. Certification shall include the title of acquisition of the good or the right and the time taken by the titular Administration in the peaceful possession of the property.

Enrollments practiced in this manner will be affected by the limitation of effects set forth in Article 207 of the Mortgage Act.

4. The administrative certification issued by the competent authority of the general government shall be sufficient to permit the cancellation or rectification of the registration in favour of the public administration in the following cases: assumptions:

(a) When, after the instruction of the corresponding procedure in which a technical report is required, the current non-existence or the impossibility of physical location of the farm is established.

(b) Where the best right or preference for the title of a third party on that of the public administration is recognised in the event of double registration, prior to the report of the State Advocate or the relevant advisory body of the Current administration.

(c) When the title, best right or preference of the title of a third party on a farm that appears registered in favor of the public administrations is recognized, prior report of the State Advocate or the advisory body corresponding from the Acting Administration.

5. The order in which a complaint is made prior to the civil judicial proceedings brought by the person concerned for recognition of his or her ownership over one or more estates shall be sufficient, once it has been notified to the person concerned, for the purposes of the rectification of the existing contradictory registration in favour of the public administration.

Article 38. Communication of certain inscriptions.

1. When registering in the Register of Property Excess property of farms adjacent to other belonging to a public administration, the Registrar, without prejudice to record in the inscription the limitation of effects to which it refers Article 207 of the Mortgage Law shall inform the organs to which the administration of the mortgage is concerned, with the expression of the name, last name and address, if any, of the person or persons to whom the registration, description of the farm and the largest part registered.

2. The same communication shall be made in the case of the registration of farms which are adjacent to other persons belonging to a public administration.

3. In the event that these seats relate to buildings adjacent to other persons belonging to the General Administration of the State, the communication shall be made to the Economy and Finance Delegate.

Article 39. Promotion of enrollment.

The registrars of the property, when they have knowledge of the existence of goods or rights belonging to the public administrations that are not duly registered, will communicate it to the organs to which it is for the administration of the administration to take appropriate action.

Article 40. Tariffs applicable by the registrars of the property.

The tariff to which the practice of the seats is subject will be reduced by the percentage provided for in the registration tariff regulations when the obligated to the payment are public administrations.

CHAPTER V

Of the faculties and prerogatives for the defense of public assets

SECTION 1 GENERAL RULES

Article 41. Powers and prerogatives.

1. For the defence of their assets, public administrations will have the following powers and prerogatives:

a) Investigate the situation of the goods and rights that presumably belong to your estate.

b) Unadministrative the properties of your entitlement.

c) Recover from office improperly lost possession over your goods and rights.

d) To unadministrate the owners of the demanial properties on an administrative basis, once the title that covered the tenure was extinguished.

2. Knowledge of matters of a civil nature arising from the exercise by the authorities of such powers shall be taken by the bodies of that court.

3. Public entities dependent on or linked to the General Administration of the State and entities similar to those linked to the administrations of the Autonomous Communities and local authorities may only be able to to exercise the powers listed in paragraph 1 of this Article for the defence of goods which have the character of demanials.

Article 42. Adoption of precautionary measures.

1. Under the procedure for the exercise of powers and powers expressed in the previous Article, the body responsible for resolving the matter may, in accordance with the provisions of Article 72 of Law No 30/1992 of 26 November 1992, Legal of Public Administrations and of the Common Administrative Procedure, adopt the provisional measures which it considers necessary to ensure the effectiveness of the act which may be delivered at the time.

2. In cases where there is an imminent danger of loss or deterioration of the good, these provisional measures may be taken, with the requirements laid down in Article 72.2 of that law, before the initiation of the procedure.

Article 43. Regime of judicial control.

1. In the light of the actions which, in the exercise of the powers and powers listed in Article 41 of this Law and in accordance with the procedure laid down, the public authorities will not be taking action for the summary protection of the possession provided for in Article 250.4. of Law 1/2000, of January 7, of Civil Procedure. The claims in which this claim is exercised will not be admissible.

2. Administrative acts in the procedures to be followed for the exercise of these powers and powers affecting entitlements and civil rights may only be brought under the jurisdiction of the administrative and administrative courts. for infringement of the rules on competition and procedure, after exhaustion of the administrative route.

Those who are harmed as to their right of ownership or other civil nature by such acts may exercise the relevant actions before the organs of the civil jurisdictional order, upon complaint by way of (a) administrative provisions in accordance with the rules of Title VIII of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 44. Communication of punishable facts.

If, on the occasion of the instruction of these procedures, evidence of crime or criminal misconduct is discovered, and prior to the report of the State Advocate or of the body to which the legal advice of the public entities corresponds, put the facts to the attention of the Fiscal Ministry, without prejudice to continuing with the processing of those.

SECTION 2 OF THE INVESTIGATION OF GOODS AND RIGHTS

Article 45. Faculty of research.

Public administrations have the power to investigate the situation of goods and rights that are presumably part of their assets, in order to determine their ownership when they are not included in the true.

Article 46. Competent bodies.

1. In respect of goods and rights which are presumed to be of the ownership of the General Administration of the State, the body responsible for agreeing to initiate the investigation procedure and to terminate the investigation shall be the Director General of the Estate of the State.

2. In the case of goods allegedly belonging to or linked to the assets of public bodies which are dependent on or linked to the General Administration of the State, they shall correspond to their presidents or directors.

3. In the case of an investigation of assets or rights of ownership of the General Administration of the State or its autonomous bodies, the report of the General Counsel of the State-Directorate of the State Legal Service shall be mandatory before the adopt the resolution as appropriate, except where the file is the file of the case.

If the investigation files relate to assets or entitlements of other public entities that are dependent on the General Administration of the State, the prior report of the body to which its legal advice.

Article 47. Investigation procedure.

The procedure to be followed for the investigation of the goods and rights will be regulated, subject to the following rules:

(a) The procedure shall be initiated on its own initiative, on its own initiative or on the complaint of individuals. In the case of a complaint, the Directorate-General of State Heritage shall decide on its admissibility and, where appropriate, order the initiation of the investigation procedure.

(b) The agreement to initiate the investigation procedure shall be published free of charge in the "Official State Gazette", without prejudice to the possibility of further use of other means of dissemination.

A copy of the agreement will be referred to the town hall on whose term the good, for exposure to the public on the edicts board.

c) The State Advocate or the bodies to which the legal advice of the public entities dependent on the General Administration of the State must issue a report on the admissibility of the evidence proposals by stakeholders.

d) Where the ownership of the General Administration of the State in the right or right is deemed to be sufficiently accredited, it shall be declared in the resolution to terminate the proceedings and shall be assessed, inclusion in the General Inventory of Goods and Rights of the State and its registration in the Land Registry, as well as the adoption, if any, of how many measures are obtained to obtain their possession.

e) If the investigation file is not resolved within two years from the day following the publication provided for in paragraph (b) of this article, the instructor shall agree without further processing the file of the actions.

Article 48. Award for complaint.

To persons who, without being obliged to do so by reason of their position or functions, promote the investigation, denouncing the existence of goods and rights that presumably are of public ownership, will be paid to them as prize and compensation of all expenditure of 10% of the amount for which they have been assessed in the manner provided for in this law.

The resolution of the file shall decide on the right and credit of the corresponding prizes.

The right to the prize, if any, will become due once the good or right has been incorporated into the State Heritage.

Article 49. Allocation of replacement farms in parcelary concentration procedures.

It will not be necessary to process the investigation procedure when in order to be assigned to the General Administration of the State of the State of replacement of the holder.

The assignment or assignment agreement shall constitute sufficient title for the takeover and registration of the same in favor of the Administration.

SECTION 3 OF THE DESLINDE

Article 50. Power of unlinde.

1. Public administrations may disclose the immovable property of their assets from others belonging to third parties where the limits between them are imprecise or there are indications of usurpation.

2. Once the administrative procedure for the application of the rules has been initiated, and for the duration of the procedure, judicial proceedings with equal claims may not be instituted.

Article 51. Competent bodies.

1. The opening of the procedure for the development of the assets of the General Administration of the State will be agreed upon by the Director General of the State Heritage, and the Minister of Finance will be responsible for the resolution of the procedure. The instruction of the procedure shall be the responsibility of the Economic and Finance Delegates.

2. In the case of demanial assets of the General Administration of the State, the opening of the procedure shall be agreed by the holder of the ministerial department which is affected by it or to which its management or administration corresponds.

3. In respect of the own property of or attached to public bodies, competition shall be exercised by its presidents or directors.

Article 52. Unlinde procedure.

The procedure to be followed for the exercise of the power of unlinde shall be regulated, subject to the following rules:

(a) The procedure shall be initiated on its own initiative or at the request of the adjoining persons. In this case, the costs incurred shall be at their expense, and their express conformity with them must be recorded in the file. For the collection of such costs, the award path may be followed.

b) The initiation agreement of the procedure shall be communicated to the Registry of the corresponding Property so that, by way of note to the margin of the registration of the domain, the reason for its opening is taken.

(c) The initiation of proceedings shall be published free of charge in the Official Gazette of the State and on the board of the city council's edicts in which the building is to be dislocated, without prejudice to the possibility of using additionally other broadcast media.

Likewise, the initiation agreement will be notified to how many people are known to have rights to the adjoining farms that may be affected by the dislinde.

(d) The resolution approving the statement of the law of the State or of the body to which the legal advice of the public entities linked to the General Administration of the General Administration of the State, and shall be notified to the persons concerned by the procedure of dislinde and publication in the manner provided for in the preceding paragraph. Once the settlement agreement of the deslinde is firm, and if necessary, it will proceed to the amojonation, with the intervention of the interested parties that request it, and will be entered in the Registry of the corresponding Property.

e) The maximum time limit for resolving the deslinde procedure will be 18 months, counted from the date of the initiation agreement.

Elapsed this time without having been dictated and notified of the corresponding resolution, the procedure will expire and the file of the actions will be agreed.

Article 53. Registration.

1. If the dislocated estate is registered in the Land Registry, it shall also be entered in the administrative line concerning the property, once it is firm.

2. In any event, the resolution approving the deslinde shall be sufficient to ensure that the Administration proceeds to the registration of the goods provided that it contains the other ends required by Article 206 of the Mortgage Law.

Article 54. Public domain deslindes.

1. In the form provided for in Chapter I of Title III of this Law, the land left over from the demanial buildings may be disaffected.

2. A representative of the Ministry of Finance, if the competition to carry out it, does not correspond to this department, whose effects the competent organ for the deslinde will pursue the timely summons to the Delegation of Economy. and the Hacienda in whose demarcation they radiate the goods in question.

3. The Director-General of the State's Heritage may request from the competent ministerial departments and public bodies the development of the demanial buildings, in order to determine precisely the extent of these and the possible existence of such properties. of overland.

SECTION 4 OF THE RECOVERY OF THE POSSESSION OF ASSETS AND PROPERTY RIGHTS

Article 55. Post-recovery power.

1. Public administrations will be able to recover by themselves unduly lost possession on the assets and rights of their assets.

2. If the assets and rights the possession of which is to be recovered have the status of demanials, the power of recovery may be exercised at any time.

3. In the case of property and property rights, the recovery of possession on an administrative basis requires that the initiation of the procedure has been notified before the expiry of the one-year period, counted from the day following that of the usurpation. After that period, in order to recover the possession of these goods, the corresponding actions must be exercised before the bodies of the civil court.

Article 56. Exercise of the power of recovery.

The procedure for the exercise of recovery power will be regulated, subject to the following rules:

a) Prior hearing to the person concerned and after the fact of the possession of possession has been checked and the date on which it was initiated, the occupant shall be required to cease his action, indicating a period of not more than eight days for the person concerned. (a) with the prevention of acting in the manner set out in the following paragraphs if it does not voluntarily comply with the requirement.

(b) In the event of resistance to eviction, all measures shall be taken to be conducive to the recovery of the possession of the good or the right, in accordance with the provisions of Chapter V of Title VI of Law 30/1992, of 26 of November, the Legal Regime of Public Administrations and the Common Administrative Procedure. For launch, the assistance of the Security Forces and Corps may be requested, or periodic penalty payments of up to five per 100 of the value of the occupied goods shall be imposed, repeated for periods of eight days until the eviction occurs.

In these cases, they will account for the usurper of expenses arising from the processing of the recovery procedure, the amount of which, together with the amount of damages caused to the usurped property, may be be made effective by the award procedure.

Article 57. Competent bodies.

1. With respect to the goods and rights of the General Administration of the State, the measures expressed in the previous article shall be agreed by the Delegate of Economy and Finance of the place where they radiate, and shall be given to the Director General of the Heritage of the State, or directly by the State.

If the goods or rights are attached to a public body, or affected to a ministerial department, the competition shall be the responsibility of the president or director of the latter or the minister, if it must be account of the measures taken to that Directorate-General.

2. In relation to the assets of public bodies linked to or dependent on the General Administration of the State, the power to adopt such measures shall be the responsibility of its directors or presidents.

SECTION 5 OF THE ADMINISTRATIVE EVICTION

Article 58. Power of eviction.

Public administrations will be able to recover the possession of their demanial assets on an administrative basis when the title, conditions or circumstances that legitimize their occupation by third parties are decayed or disappear.

Article 59. Exercise of the power of eviction.

1. For the exercise of the power of eviction, the prior declaration of extinction or expiration of the title that granted the right of use of the goods in the public domain will be necessary.

2. This declaration, as well as the statements which are relevant in relation to the liquidation of the corresponding post-discharge situation and the determination of the compensation which, if appropriate, shall be made on the administrative basis, prior to the relevant procedure, in which the interested party must be heard.

3. The decision to be taken, which shall be enforceable without prejudice to the resources to which it comes, shall be notified to the tempter and shall be required to dispose of the property, to which end it shall be granted a period of not more than eight days for this purpose.

4. If the holder does not comply with the requirement, the form provided for in Chapter V of Title VI of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall be carried out. The relief of the Security Forces and Corps may be requested for the launch, or the imposition of periodic penalty payments of up to five per 100 of the value of the occupied goods, repeated for periods of eight days until the eviction occurs.

5. The expenses incurred by the eviction will be borne by the tempter, with the amount of the prize being effective.

Article 60. Competent bodies.

The competition for the eviction shall be the responsibility of the minister in charge of the department or the president or director of the public body that is affected or assigned the goods.

CHAPTER VI

Cooperation in the defense of public assets

Article 61. Collaboration of staff at the service of the Administration.

1. Staff at the service of public administrations are obliged to cooperate in the protection, defence and administration of the assets and rights of public assets. To this end, they shall provide the competent bodies with a wealth of reports and documents to request in relation to them, to provide the assistance and cooperation which they require for the proper exercise of their powers, and shall put in their knowledge of the facts that could be harmful to the physical integrity of the goods or to conculcate the rights that the public administrations could hold on them.

2. In particular, the Security Forces and Corps, in accordance with the provisions of the Organic Law 2/1986 of 13 March, of Forces and Security Corps, shall provide the competent bodies for the exercise of the powers provided for in the article. 41 of this law the assistance they require for the enforcement of the acts they dictate.

Article 62. Citizen collaboration.

Citizens will be obliged to provide to public administrations, at their request, all data, documents and reports in their possession that are relevant to the management and defense of their property and rights. to facilitate the carrying out of inspections and other investigative acts referred to them.

Article 63. Notification of certain acts and contracts.

1. Notaries who intervene in any act or contract not granted by the Minister of Finance, the Director General of the State Heritage or the Delegates of Economy and Finance on goods or rights whose ownership corresponds to the The General Administration of the State or the public bodies attached to it or dependent on it, shall forward to that management centre a simple copy of the corresponding writing, and shall leave a manifestation in the writing of the This communication is carried out. The registrar of the property will not register any deed in which this manifestation of the notary is missing.

2. Where the practice of the registered seats can be effected by virtue of an administrative document, the registrars of the property shall be obliged to carry out the same communication, with the reference of a copy of the document presented and the indication of the the date of the seat of presentation, where the seat has not been granted by the organs expressed in the preceding paragraph.

Article 64. Information facilitation.

The General Directorate of the Catastro, the Land Registers and the other public records or archives must provide, free of charge, the General Directorate of the State Heritage, at the request of the State information that they have on the goods or rights the ownership of which corresponds to the General Administration of the State or to the public bodies linked to it or dependent on it, as well as all data or information that is necessary for the proper management or updating of the General Inventory, or for the exercise of powers listed in Article 41 of this Law. In the same way, public administrations and public bodies, through their presidents or directors, may obtain this information in respect of their assets.

TITLE III

Of public goods and rights

CHAPTER I

Affecting, disaffection and mutation of destination of goods and rights

Article 65. Affectation of property and property rights to general use or public service.

The affectation determines the linkage of the goods and rights to a general use or a public service, and their consequent integration into the public domain.

Article 66. Form of the affectation.

1. Unless the affectation derives from a rule with a legal status, it must be made by virtue of an act expressed by the competent body, indicating the right or right to which it relates, the purpose to which it is intended, the circumstance of being integrated into the public domain and the body to which the exercise of the demanial powers is concerned, including those relating to its administration, defence and conservation.

2. Without prejudice to the foregoing and the provisions of Article 73 of this Law, they shall have the same effects of the affectation as follows:

(a) The public, notorious and continuous use by the General Administration of the State or its public bodies of goods and rights of ownership for a public service or for general use.

(b) The acquisition of goods or rights by a user, where the possesory acts that have determined the acquisition of the acquisition have linked the good or the right to the general use or to a public service, without prejudice to the rights acquired on them by third parties under the rules of private law.

c) The acquisition of goods and rights by compulsory expropriation, in which, in accordance with the provisions of Article 24.2 of this Law, acquired goods or rights will be affected to the determining end of the statement of public utility or social interest.

d) The approval by the Council of Ministers of programs or plans for general action, or projects of works or services, when it results in the linking of goods or rights determined for the purpose of public use or service.

e) The acquisition of the movable property necessary for the development of public services or for the decoration of official dependencies.

3. The ministerial department or public body which is aware of the facts or acts as provided for in paragraphs (a) to (d) of the preceding paragraph shall inform the General Directorate of the State's Heritage of appropriate regularisation, without prejudice to the exercise of the functions of administration, protection and defence that correspond to it.

4. Buildings under construction shall be deemed to be affected to the department from whose budgetary appropriations the building is carried out.

After the completion of the work, the General Directorate of the State Heritage of its reception and the registration of the new work will be counted. This management centre shall issue the necessary regularisation measures.

5. The affectation may be agreed to a ministerial department or public body of goods and rights which are not to be immediately dedicated to a public service, where their use is foreseeable for such purposes after a period of time or compliance with certain conditions to be recorded in the resolution agreeing on the affectation.

Article 67. Concurrent affections.

1. The assets and rights of the State Heritage may be subject to more than one use or service of the General Administration of the State or its public bodies, provided that the various concurrent purposes are compatible with each other.

2. The resolution in which the affectation is agreed to more than one end or service shall determine the powers that correspond to the different departments or bodies in respect of the use, administration and defence of the goods and rights concerned.

Article 68. Procedure for the affectation of goods and rights.

1. The affectation of the assets and rights of the State Heritage to the ministerial departments is the responsibility of the Minister of Finance. The instruction of the procedure is the responsibility of the Directorate-General of the State Heritage, which will initiate it on its own initiative or at the proposal of the ministerial department interested in the affectation.

2. The ministerial order of affectation, which shall contain the particulars required by Article 66.1 of this Law, shall have effect from the receipt of the goods by the department to which they are intended and by subscription of the corresponding minutes by the representative appointed by that department and the representative appointed by the General Directorate of the State Heritage. Once the minutes have been signed, the department to which the goods or rights have been affected shall use the same in accordance with the said purpose, and shall exercise the corresponding demanial powers with respect to them.

3. The affectation of the goods and rights of the public bodies to the fulfilment of the purposes, functions or services entrusted to them shall be agreed by the minister in charge of the department of which they are dependent, on the proposal of their president or director.

Article 69. Disaffection of public property and rights.

1. The property and the demanial rights shall lose this condition, acquiring that of the property, in the cases in which their disaffection occurs, to be stopped for the general use or to the public service.

2. Except in the cases provided for in this law, disaffection must always be carried out in an express manner.

Article 70. Procedure for the disaffection of the goods and the demanial rights.

1. The goods and rights concerned for the purposes or services of the ministerial departments shall be affected by the Minister of Finance.

The opening and instruction of the procedure is the responsibility of the General Directorate of the State Heritage, on its own initiative or on a proposal of the department that has affected the goods or rights or to which its management and administration, after debugging its physical and legal situation.

2. The disaffection of the assets and rights integrated in the assets of the General Administration of the State shall require, for its effectiveness, its formal receipt by the Ministry of Finance, either by means of a delivery act signed by a a representative designated by the department to which the goods or rights have been affected and another designated by the General Directorate of the State's Heritage, or by means of a takeover act raised by the Directorate-General of the Estate of the State.

3. The goods and rights held by the public bodies affected by them for the fulfilment of their purposes shall be affected by the Minister in office of the department of which they are dependent, on the proposal of their President or Director.

4. The disaffection of the movable property acquired by the ministerial departments, or affected, shall be the responsibility of the owner of the department.

Article 71. Demanial mutations.

1. The demanial mutation is the act by virtue of which the disaffection of a good or the right of the State is effected, with simultaneous affectation to another general use, end or public service of the General Administration of the State or of the public bodies linked to or dependent on it.

2. Demanial mutations must be performed in an express manner, except as provided for in the following paragraph for the case of organ restructuring.

3. In the case of organic restructuring, it shall be, as regards the destination of the goods and rights which have been affected or assigned to the organs or bodies which are deleted or reformed, to the corresponding provision. If nothing has been provided for in this particular, the goods and rights shall be understood to continue to be related to the same purposes and functions, as they are affected by the body or body to which the respective powers have been conferred without need for express declaration.

4. Regulations shall regulate the terms and conditions in which the goods and the demanial rights of the General Administration of the State and its public bodies may be affected by other public administrations in order to be used for a certain use. or public service of its competence. Such a change between public administrations shall not alter the ownership of the goods or their demanial character, and shall apply to the autonomous communities where they provide for the possibility of affecting demanial goods in their legislation. their ownership to the General Administration of the State or their public bodies for their dedication to a use or service of their competence.

Article 72. Procedure for demanial mutation.

1. The change of destination of the real estate of the General Administration of the State or affections to the fulfillment of its purposes or services, is the responsibility of the Minister of Finance. The opening and instruction of the relevant procedure shall be agreed by the General Directorate of the State's Heritage, on its own initiative or on a proposal from the department or body concerned.

2. The order of demanial mutation will require for its effectiveness, the signature of a record, with the intervention of the General Directorate of the State Heritage and the departments or agencies concerned.

3. The change of destination of the movable property of the State Heritage shall be carried out by the departments or bodies concerned.

To this end, the corresponding minutes of delivery and reception will be formalized by the parties, which will improve the change of destination of the goods in question, and will constitute sufficient title for the respective high and low in inventories of movable property of the departments.

4. The change of destination of the goods and the demanial rights of the public bodies for compliance within the body of their public services or services shall be agreed by the minister in office of the department of which they are dependent, on a proposal of its President or Director. The changes in the destination of goods and other demanial rights owned or assigned by an agency, for the purpose or service of another agency or the General Administration of the State, shall be agreed by the Minister of Finance, on a proposal from the Ministry of Finance. together of the two entities.

5. In the case provided for in paragraph 3 of the preceding Article, the ministerial departments or the public bodies to which the goods or rights are affected shall communicate to the General Directorate of the State Heritage the change in operation, so that The General Inventory of Goods and Rights of the State shall take account of it.

If the adaptation of the patrimonial situation to the organic reform produced requires a distribution of the goods between various departments or agencies, this communication should be carried out with the express agreement of all of them. In the absence of agreement, each department or agency will transmit to the General Directorate of the State Heritage a proposal of distribution of the goods and the Minister of Finance will ultimately resolve the affectation.

CHAPTER II

Attachment and dispossession of goods and rights

Article 73. Attachment.

1. The assets and property rights of the General Administration of the State may be attached to the public bodies that are dependent on it for direct connection to a service of its competence, or for the fulfilment of its own purposes. In both cases, the attachment will imply the affectation of the good or the right, which will be integrated into the public domain.

2. Likewise, the property and rights of a public body may be attached to the fulfilment of the other's own purposes.

3. The attachment will not alter the ownership over the good.

Article 74. Procedure for attachment.

1. The membership will be agreed by the Minister of Finance. The instruction of the corresponding procedure is the responsibility of the General Directorate of the State Heritage, which will initiate it on its own initiative or on a proposal from the interested public body or bodies, which is submitted through the department of which they are dependent.

2. The membership will require, for its effectiveness, the signature of the corresponding act, granted by representatives of the General Directorate of the State and the body or bodies concerned.

Article 75. The finisher character of the attachment.

1. The goods and rights must be used for the purpose of the purposes which led to their membership, and in the form and with the conditions which, if any, would have been established in the relevant agreement. The subsequent alteration of these conditions must be expressly authorised by the Minister of Finance.

2. The General Directorate of the State's Heritage shall verify the application of the goods and rights to which they were assigned, and may take such measures as necessary.

Article 76. Powers of the public bodies in relation to the assets attached.

With regard to the goods and rights assigned to them, it is up to the public bodies to exercise the demanial powers, as well as the surveillance, legal protection, defense, administration, conservation, and maintenance. and other actions requiring the correct use and use of the same.

Article 77. Failure to comply with the end.

1. If the goods or rights attached are not intended for the intended purpose within the time limit which, where appropriate, has been fixed, or shall cease to be, or if any other conditions laid down for their use are not fulfilled, the Director General of the State Heritage may give a request to the body to which the goods or rights were attached to be adjusted in its use to the indicated in the agreement of the membership, or to propose to the Minister of Finance the disaffiliation of the same.

2. The same option shall be given in the event that the body that has the assets does not exercise the powers that correspond to it in accordance with the previous article.

3. In the case where the goods are disowned for failure to comply with the purpose, the owner of the goods or the right may require the value of the materials or deterioration experienced by them, updated at the time of production of the goods. disaffiliation, or the cost of your rehabilitation, upon assessment.

Article 78. Unnecessariness of the goods.

1. Where the goods or rights attached are no longer necessary for the purpose of the purposes for which they have been assigned, they shall be subject to prior regularisation, where appropriate, of their physical and legal status by the body. corresponding.

2. For these purposes, the Directorate-General of State Heritage shall initiate and deal with the relevant procedure, on its own initiative or under the communication which, having proven the unnecessariness of such goods or rights, is obliged to (a) the body which has attached them, and shall raise the proposal to the Minister of Finance.

Article 79. Receipt of the goods.

The disaffection, which will imply the disaffection, will require, for its effectiveness, the formal reception of the good or the right that will be documented in the corresponding act of delivery, subscribed by representatives of the Directorate General of the State Heritage and of the organism or bodies, or in the act of inauguration lifted by the General Directorate of the State Heritage.

CHAPTER III

Incorporation into the assets of the General Administration of the State of Government Goods

Article 80. Incorporation assumptions.

1. The real estate and real rights of the public bodies linked to the General Administration of the State that are not necessary for the fulfilment of its purposes shall be incorporated, after disaffection, in their case, to the patrimony of the State.

2. They are exempted from the provisions of the previous paragraph and, consequently, the goods acquired by them for the purpose of returning them to the patrimonial legal traffic in accordance with their purposes may be disposed of by the public bodies. peculiar.

3. In the case of business public entities which, by virtue of their rules of creation or their statutes, have recognised powers for the disposal of their assets, where the real estate or rights no longer require them to communicate this circumstance to the Director General of State Heritage.

Article 81. Procedure for the incorporation of goods.

1. The rules on competition and the procedure laid down in Article 78 of this Law shall apply to transposition. The formal receipt of the goods shall be documented by the Ministry of Finance in the manner provided for in Article 79 of this Law.

2. In the case of the abolition of public bodies, the incorporation of their assets into the assets of the General Administration of the State will be carried out by the Ministry of Finance, which will be documented in the corresponding minutes. For these purposes, the department responsible for the agency shall communicate its deletion to the General Directorate of the State's Heritage, and shall accompany that communication with respect to the property of that State.

3. With regard to the assets and rights of the autonomous organizations which, by virtue of their rules of creation or their statutes, have the powers conferred upon them for their disposal, the Minister of Finance may agree to the non-incorporation of the building or the right to the assets of the General Administration of the State, of course in which the titular body is empowered to dispose of it in accordance with the provisions of Section 2 of Chapter V of Title V of this Law.

CHAPTER IV

Advertising of the legal traffic of goods and rights

Article 82. Constancy in the inventory.

The acts of affectation, demanial mutation, disaffection, attachment, disaffection and incorporation shall be recorded in the corresponding patrimonial inventory.

Article 83. Register advertising scheme.

1. If the acts referred to in the previous article have for the purpose real property or real rights on them, they shall be taken into account in the Land Registry by means of a marginal note or registration in favour of the new owner, according to proceed. For the practice of this seat, the corresponding record shall be sufficient.

2. In the case of State Heritage assets, the registrar shall not apply the registration, where a representative of the General Directorate of the State Heritage is not a signatory to the act, if it is not established that the provision has been made. communication of the act to this Steering Centre for constancy in the General Inventory.

3. In the case of the suppression of public bodies, the registration in the Land Registry in favour of the General Administration of the State will be practiced with the presentation of the provision in whose virtue the abolition of the body.

TITLE IV

Use and exploitation of goods and rights

CHAPTER I

Using public domain goods and rights

GENERAL

1.

Article 84. Need for enabling title.

1. No one may, without a certificate, be granted by the competent authority, hold public domain goods or use them in a manner that exceeds the right of use, which, if any, corresponds to all.

2. The authorities responsible for the protection and defence of the public domain shall monitor compliance with the provisions of the previous paragraph and, where appropriate, act against those who, without title, occupy public domain goods or benefit from a special use on them, to the end of which they shall exercise the powers and prerogatives provided for in Article 41 of this Law.

3. Concessions and authorisations for public domain goods shall be governed in the first place by the special legislation governing those concessions and, in the absence of special rules or in the event of their insufficiency, by the provisions of this law.

SECTION 2. USE OF GOODS FOR GENERAL USE

Article 85. Types of use of public domain goods.

1. It is considered common use of public domain goods which corresponds equally and in an indistinct way to all citizens, so that the use by some does not prevent that of other stakeholders.

2. It is a use that implies a special use of the public domain, which, without preventing the use of the common, implies the concurrency of circumstances such as the danger or intensity of the same, preference in cases of scarcity, the obtaining of a singular or similar profitability, which determine an excess utilization over the use that corresponds to all or a impairment of the use.

3. It is proprietary use that determines the occupation of a portion of the public domain, thus limiting or excluding the use of the same by other stakeholders.

Article 86. Enabling titles.

1. The common use of public domain goods may be carried out freely, without further limitations than those derived from their nature, as laid down in the acts of affectation or attachment, and in the provisions which are applicable.

2. The special use of public domain goods, as well as their private use, when the occupation is carried out only with removable installations or movable property, shall be subject to authorization or, if the duration of the use or use exceeds four years, to be granted.

3. The private use of public domain goods determined by their occupation with fixed works or installations must be covered by the corresponding administrative concession.

SECTION 3. USE OF GOODS AND RIGHTS FOR A PUBLIC SERVICE

Article 87. Goods for the provision of regulated public services.

The use of the goods and rights intended for the provision of a public service shall be subject to the provisions of the regulatory rules of the public service and, in the alternative, shall be governed by this law.

Article 88. Goods intended for other public services.

Goods destined for other public services shall be used in accordance with the provisions of the act of affectation or attachment and, failing that, in accordance with this law and its provisions for development.

Article 89. Occupancy of spaces in administrative buildings.

The occupation by third parties of spaces in the administrative buildings of the estate of the State may be permitted, exceptionally, when it is carried out to support services to the staff assigned to them or to the visiting public, such as coffee shops, bank offices, ATMs, post offices or other analogues, or for the marginal exploitation of spaces not necessary for administrative services.

This occupation may not hinder or impair the use of the building by the organs or units housed in it, and must be covered by the corresponding authorization, if it is carried out with movable or installations (a) to be granted, if it is produced by fixed installations, or by a contract which permits the occupation to be completed in accordance with the provisions of the Royal Decree of 16 June 2000 on the recast of the the Law on Contracts of Public Administrations.

Article 90. Special authorisations for use on goods affected or attached.

1. The minister in office or the president or director of the body that has been affected or assigned to the property of the State, may authorize its use by natural or legal persons, public or private, for sporadic compliance. or temporary public functions, after a favourable report by the General Directorate of the State Heritage, for four years, extendable for the same period.

2. These authorisations shall be granted by the Council of Ministers, on a proposal from the Minister of Finance, in the case of state foundations and international bodies, without any limitation of the time and destination referred to in paragraph 1. previous.

3. They shall also not be subject to the requirements laid down in paragraph 1 of this Article, the authorisations for use for less than 30 days, or for the organisation of conferences, seminars, presentations or other events. The competent authority shall lay down in the act of authorization both the conditions for the use of the building, establishing what is necessary to ensure that it does not interfere with its use by the administrative bodies which have it or attached to it, such as the consideration to be met by the applicant, in accordance with the provisions of Article 92 (5) of this Law.

SECTION 4. DEMANIAL AUTHORIZATIONS AND CONCESSIONS

Article 91. Conditions for authorizations and concessions.

1. The Minister of Finance, on a proposal from the General Directorate of the State Heritage, may approve general conditions for the granting of certain categories of concessions and authorizations on goods and property rights of the State, which must be published in the "Official State Gazette".

2. In the absence of general conditions, concessions and authorizations shall be in accordance with those laid down by the Minister in the department responsible for the department to which the goods are affected or from which the public bodies are dependent. holders or who have them attached. These conditions may have a general scope, for certain categories of authorizations and concessions of competence of the department, or be established for specific cases, and their approval shall, in any case, require a favourable preliminary report of the Minister of Finance, which will be equally mandatory and binding when it is intended to derogate from the general conditions approved by the Minister.

3. The conditions for granting authorisations and concessions may include the imposition of the holder of ancillary obligations, such as the acquisition of securities, the adoption and maintenance of certain social or other requirements of a similar nature, where this is deemed necessary for reasons of public interest.

4. Authorizations and concessions that enable an occupation of public domain goods that is necessary for the execution of an administrative contract must be granted by the Administration that is its owner, and shall be considered to be ancillary. of that. Such authorisations and concessions shall be linked to such a contract for the purposes of granting, duration and validity and transmissibility, without prejudice to the approval and reporting referred to in the preceding paragraphs of this Article.

It will not be necessary to obtain these authorizations or concessions when the administrative contract enables the occupation of the public domain goods.

Article 92. Authorizations.

1. The authorisations shall be granted directly to the petitioners who fulfil the required conditions, unless, for all circumstances, their number is limited, in which case they shall be in concurrency and if that is not the case. as a result of not having to value special conditions in the applicants, by drawing, if otherwise not set out in the conditions under which they are governed.

2. Authorisations for the granting of which must be taken into account in the personal circumstances of the authorised person or whose number is limited shall not be transferable unless the conditions under which they are subject to their transmission.

3. The authorisations shall be granted for a given time. Its maximum duration, including extensions, shall be four years.

4. Authorizations may be revoked unilaterally by the administration at any time for reasons of public interest, without generating the right to compensation, when they are incompatible with the general conditions approved by After that, they cause damage to the public domain, prevent their use for activities of greater public interest or undermine the general use.

5. Authorisations may be free of charge, be awarded on consideration or subject to conditions, or be subject to the charge for the private use or special use of goods in the public domain governed by Chapter VIII of Title I of Law 25/1998, of July 13, of Amendment of the Legal Regime of State and Local Rates and of Reordering of the Public Character Benefits, or of the fees provided for in its special rules.

They shall not be subject to the charge when the private use or special use of public domain goods does not bring an economic utility to the authorized person or, even if such utility, the use or take advantage of conditions or consideration for the beneficiary that nullify or render irrelevant that.

In the cases provided for in the preceding paragraph, such circumstance shall be stated in the conditions or clauses of the authorization.

6. The applicant for authorisations for private use or special use of the public domain, irrespective of the economic regime applicable to them, may be required to guarantee, in the most appropriate manner, the use of the good and of their replacement or repair, or compensation of damages, in case of alteration. The collection of the costs incurred, when exceeding the security provided, may be made effective by the award path.

7. Without prejudice to other extremes which may include general or particular conditions, the authorisation agreement for the use of goods and demanial rights shall include at least:

a) The regime of use of the good or right.

(b) The economic regime to which the authorisation is subject.

c) The guarantee to be provided, if any.

d) The assumption of conservation and maintenance expenses, taxes, fees and other taxes, as well as the commitment to use the good according to its nature and to deliver it in the state in which it is received.

e) The commitment to obtaining at the expense of how many licenses and permits requires the use of the good or the activity to be performed on it.

f) The assumption of liability arising from the occupation, with mention, if any, of the obligation to formalize the appropriate insurance policy, bank guarantee, or other sufficient guarantee.

g) The acceptance of unilateral revocation, without the right to compensation, for reasons of public interest in the assumptions provided for in paragraph 4 of this article.

(h) The reservation by the ministry or the authority of the authority to inspect the object of authorization to ensure that it is used in accordance with the terms of the authorization.

i) The deadline and the extension and subrogation regime which, in any case, will require prior authorisation.

j) The causes of extinction.

8. The provisions of this provision shall apply to the special authorisations of use provided for in Article 90 of this Law, in so far as it is not incompatible with its purpose and purpose.

Article 93. Demanial concessions.

1. The granting of concessions on public domain goods shall be made on a concurrency basis. However, the direct grant may be agreed upon in the cases provided for in Article 137.4 of this Act, where exceptional, duly justified circumstances or other assumptions established in the laws are provided.

2. Any procedure followed for the award, once the concession has been granted, must be completed in an administrative document. This document will be sufficient title to register the concession in the Land Registry.

3. Concessions will be granted for a given time. Its maximum duration, including extensions, may not exceed 75 years, unless another minor is established in the special rules applicable to it.

4. Concessions for the private use or special use of the public domain may be free, awarded with consideration or condition or be subject to the charge for the private use or special use of public domain goods. State governed by Chapter VIII of Title I of Law 25/1998 of 13 July, amending the Legal Regime of State and Local Rates and Reordering of the Public Character's Benefits, or the fees provided for in its special rules.

They shall not be subject to the charge when the private use or special use of public domain goods does not bring an economic utility to the concessionaire, or, even if such utility, the use or take advantage of conditions or consideration for the beneficiary that nullify or render irrelevant that person.

In the cases provided for in the preceding paragraph, such circumstance shall be stated in the terms of the concession or clause of the concession.

5. Without prejudice to the other extremes which may include the general or particular conditions to be adopted, the grant agreement shall include at least the particulars laid down for the authorizations in paragraph 7 of the Article 92 of this Law, except for the unilateral revocation without the right to compensation.

Article 94. Prohibitions to be the holder of demanial concessions.

In no case will they be holders of concessions on goods and demanial rights for people in whom one of the prohibitions to contract regulated in the Royal Legislative Decree 2/2000, of June 16, for which the recast text of the Law on Public Administrations Contracts is approved.

When, subsequently, the grant of the concession, the holder incurs any of the prohibitions of hiring will occur the extinction of the concession.

Article 95. Competence for granting authorizations and concessions.

Concessions and authorizations on the State's property and property rights will be taken by the ministers who are the ministers of the departments to which they are affected, or their management or administration, or by the presidents or directors of the public bodies which are attached to them or whose assets belong to them.

Article 96. Granting of authorizations and concessions on a concurrency basis.

1. The procedure for granting authorizations and concessions on a concurrency basis may be initiated on its own initiative or at the request of a person concerned.

2. For the initiation of any procedure for granting an authorization or grant, the competent body shall justify the necessity or desirability of the authorization for the performance of the public purposes which it is responsible for. either continue to be in the public domain, and the source of the direct award, if any.

3. The initiation of trade shall be carried out by means of convocation approved by the competent body, which shall be published in the "Official Gazette of the State", or in that of the autonomous community, or province, whichever is the current Administration, without prejudice to the possibility of using other additional means of diffusion. The parties concerned shall have a period of 30 days to submit the relevant requests.

4. In proceedings initiated on its own initiative at the request of individuals, the Administration may, by means of public notice, invite other interested parties to submit applications. If you do not mean this act of invitation, you will give publicity to the applications that are submitted, through their publication in the "Official State Gazette", the Autonomous Community or the province, depending on the area of competence of the Acting administration, and without prejudice to the possible use of other additional means of dissemination, and shall open a period of 30 days during which alternative applications may be submitted by other interested parties.

5. In order to decide on the granting of the concession or authorization, the greatest interest and public utility of the requested use or use, which will be valued according to the criteria specified in the documents of the conditions.

6. The maximum period for resolving the procedure shall be six months. The application may be considered to be dismissed in case of non-notification within that period.

Article 97. Actual rights to works in the public domain.

1. The holder of a concession has a real right to the works, buildings and fixed installations which he has built for the exercise of the activity authorised by the title of the concession.

2. This title gives the holder, during the period of validity of the concession and within the limits set forth in this section of this law, the rights and obligations of the owner.

Article 98. Transmission of real rights.

1. The rights to the works, buildings and installations of a real estate as referred to in the preceding article may only be transferred or transmitted by legal business between the living or the cause of death or by the merger, absorption or division of companies, by the duration of the concession, to persons who have the prior agreement of the competent authority to grant the concession.

2. The rights to the works, buildings and installations may be mortgaged only as a guarantee of the loans taken by the holder of the concession to finance the realization, modification or extension of the works, constructions and fixed-character installations located on the occupied demanial dependence.

In any case, in order to constitute the mortgage it will be necessary the prior authorization of the competent authority for the granting of the concession. If the mortgage constitution does not contain this authorization, the registrar of the property shall refuse the registration.

Mortgages constituted on such assets and rights are extinguished with the extinction of the concession term.

Article 99. Securitisation of receivables.

1. The payment entitlements of the mortgage security claims referred to in the second paragraph of the preceding article may be transferred in whole or in part by the issuance of mortgage holdings to mortgage-backed securities, which shall be governed by the provisions of Law 19/1992 of 7 July 1992 on collective investment institutions and the provisions implementing it.

2. They may be incorporated in asset-securitisation funds, subject to the authorization of the Council of Ministers, on a joint proposal from the Economic and the competent for the matter, after a report by the National Securities and Exchange Commission (NComisión Nacional del Mercado de Valores). which represent holdings in the concession rights of the concessionaire arising from the economic exploitation of the concession in accordance with the conditions laid down in the concession contract and as provided for in the legislation applicable to them asset-securitisation funds.

Article 100. Extinction of the authorisations and demanial concessions.

Demanial concessions and authorizations will be extinguished for the following reasons:

a) Death or inability of the user or individual dealership or extinction of the legal personality.

(b) Lack of prior authorisation in the case of transmission or modification, by merger, absorption or division, of the legal personality of the user or dealer.

c) Expiration due to deadline.

d) Rescue of the concession, upon compensation, or unilateral revocation of the authorization.

e) Mutual agreement.

(f) Lack of payment of the fee or any other serious non-compliance with the obligations of the concession holder, declared by the organ that granted the concession or authorization.

g) Disappearance of the good or exhaustion of the use.

(h) Disaffectation of the good, in which case it shall be wound up in accordance with the provisions of Article 102 of this Law.

i) Any other cause provided for under the general or particular conditions for which they are governed.

Article 101. Fate of the works to the extinction of the title.

1. When the concession is extinguished, the works, constructions and fixed installations existing on the demanial good must be demolished by the holder of the concession or, by subsidiary execution, by the Administration at the expense of the concessionaire, unless their maintenance would have been expressly provided for in the concessional title or the competent authority to grant the concession so decides.

2. In such a case, the works, buildings and installations shall be acquired free of charge and free of charge and charge by the General Administration of the State or the public body which has granted the concession.

3. In the event of an early redemption of the concession as provided for in paragraph (d) of the previous article, the holder shall be compensated for material injury arising from the anticipated extinction. The rights of mortgage creditors whose collateral is entered in the Land Registry on the date of the redemption shall be taken into account in determining the amount and recipients of the compensation.

4. The mortgage creditors shall be notified of the opening of the files to be followed to terminate the concession for non-compliance with their terms and conditions as provided for in paragraph (f) of the previous article, so that they may appear in defence of their rights and, where appropriate, propose a third party which may replace the concessionaire who is in breach of the terms of the concession.

Article 102. Settlement of concessions and authorisations for affected goods.

1. The proposal for the disaffection of assets and rights of the assets of the General Administration of the State in respect of which there are authorizations or concessions, must be accompanied by the appropriate memory of the convenience or necessity of the deletion of the public domain character of the property and the terms, conditions and consequences of such loss on the concession.

2. If the goods subject to concessions or authorisations are disaffected, the goods shall be extinguished in accordance with the following rules:

(a) The expiration of those in which the period for their enjoyment has been fulfilled or for which the Administration has reserved the right of free rescue without any time limit shall be declared.

(b) With respect to the remaining ones, their expiry will be dictated as the deadlines set out in the relevant agreements expire.

3. As long as they are not extinguished, the legal relations arising from such authorisations and concessions shall be maintained with the same content. However, such legal relations shall be governed by private law, and it shall be for the civil court to hear any disputes arising in connection with them.

4. Where the goods are not affected, they belong to the assets of the General Administration of the State, the body responsible for declaring the expiry of the legal relations arising from concessions and authorizations granted when the goods were Public domain will be the Minister of Finance. In the same case, it will be up to the General Administration of the State's Heritage to demand the rights and to carry out the duties resulting from these legal relations, while maintaining their validity.

5. The Ministry of Finance may agree to the expropriation of the rights if it considers that its maintenance during the term of its legal term impairs the subsequent destination of the goods or causes them to be considerably reduced for the purposes of its disposal.

Article 103. Right of preferential acquisition.

1. Where the onerous disposal of property assets is agreed, the rightholders in force on them resulting from concessions granted when the goods had the status of demanials shall have preferential right to their acquisition. The acquisition shall take place in the right or right, or the part thereof, subject to the grant, provided that it is susceptible to disposal.

2. This right may be exercised within 20 calendar days following the one in which the decision to dispose of the farm, the price and other essential conditions of the transmission are notified to them in a manner that is authentic. In the event of a failure to notify, or if the disposal is carried out under conditions other than those notified, the right may be exercised within 30 calendar days following that in which the sale has been entered in the Register of the Property.

3. The right of preferential acquisition shall not arise in the event of a free transfer of the property or transfer of ownership, by any legal business, in favour of public administrations, agencies of them dependents, foundations or institutions public or international bodies. In this case, those who have received the goods on which the rights established in favour of beneficiaries of concessions or authorizations fall, may be released on the same terms as the General Administration of the State. If the reversion of the assets or the transferred rights occurs, the transferee shall not be entitled to any of the compensation paid on the occasion of that release.

Article 104. Demanial reservations.

1. The General Administration of the State may reserve the exclusive use of property of its title intended for general use for the purposes of its competition, where there are reasons of public utility or general interest that justify.

2. The duration of the reservation shall be limited to the time required for the fulfilment of the purposes for which it was agreed.

3. The reservation declaration shall be made by agreement of the Council of Ministers, which shall be published in the "Official Gazette of the State" and be entered in the Land Registry.

4. The reserve shall prevail against any other possible uses of the goods and shall imply the declaration of public utility and the need for occupation, for the purposes of expropriation, of pre-existing rights which are incompatible with the she.

CHAPTER II

Use and exploitation of property and property rights

Article 105. Competent bodies.

1. The exploitation of the assets and property rights of the General Administration of the State that are not destined to be alienated and are susceptible to profitable exploitation will be agreed by the Minister of Finance, on a proposal from the Directorate General of State Heritage, where the period for which the holding is granted is more than one year. If the initial period of operation does not exceed one year, this competence shall be the responsibility of the Director-General of the State Heritage.

2. The presidents or directors of the public bodies shall determine the form of exploitation of the property and property rights which are the property of the public bodies.

3. The attribution of the use of property or property rights for less than 30 days or for the organisation of conferences, seminars, presentations or other events shall not be subject to the requirements of this Chapter. The competent authority shall set out in the act of authorisation both the conditions of use and the consideration to be met by the applicant.

4. Territorial public administrations can encourage the improvement of the exploitation and exploitation of property and property rights through the presentation of projects that affect these assets and rights. The projects shall follow the principles referred to in Article 8 of this Law and the competent bodies shall examine and, where appropriate, resolve the requests contained in these projects affecting these goods and rights.

Article 106. Contracts for the exploitation of property assets.

1. The exploitation of property or property rights may be carried out through any legal, typical or atypical business.

2. The rules contained in Chapter I of Title V of this Law shall apply to these businesses.

3. Contracts for the exploitation of property or property rights shall not be longer than 20 years, including any period of grace, unless duly justified exceptional causes.

4. Leasing contracts may be concluded with an option to purchase State Heritage buildings subject to the same rules of jurisdiction and procedure as apply to enajenations.

Article 107. Award procedure.

1. Contracts for the exploitation of property and property rights shall be awarded on the basis of a tender unless, for the peculiarities of the good, the limitation of the claim, the urgency resulting from unforeseeable events or the singularity of the operation, where appropriate, direct award. The determining circumstances of the direct award shall be sufficiently justified in the case.

2. The bases of the corresponding contest or the conditions of the exploitation of the property assets shall be subject to prior report of the Advocate of the State or of the body to which the legal advice of the connected public entities corresponds. the General Administration of the State.

3. Contracts and other legal businesses for the exploitation of goods shall be formalized in the form prevented by Article 113 of this Law and shall be governed by the rules of private law corresponding to their nature, with the required specialties in this law.

4. At the request of the successful tenderer, the contract may be extended for the exploitation of property assets, for a period which may not exceed half of the initial period, if the result of the operation would make this measure advisable.

5. The subrogation of a third party to the rights and obligations of the successful tenderer shall require the express authorisation of the competent body to award the contract.

Article 108. Fruits and property income.

1. The income, fruits or perceptions of any kind or nature produced by the assets of the General Administration of the State shall be entered into the Treasury with application to the relevant concepts of the revenue budget, becoming effective in accordance with the rules and procedures of private law.

2. If the holding takes delivery of other goods, rights or services, they shall be integrated into the assets of the General Administration of the State or the public body with the character of assets.

Article 109. Administration and exploitation of incorporated properties.

1. It is for the Ministry of Finance, on a proposal, if any, of the Ministry that has generated them, the administration and exploitation of the incorporation of the General Administration of the State, except as per the Council of Ministers are entrusted to another ministerial department or public body.

2. The presidents or directors of the public bodies shall be the competent bodies for the administration and exploitation of the properties incorporated in them.

3. The use of incorporated properties which, by application of the special legislation, have entered into the public domain, shall not be any right in favour of public administrations.

TITLE V

Heritage Management

CHAPTER I

General provisions

Article 110. Legal regime of the property business.

1. Contracts, agreements and other legal business relating to property and property rights shall be governed, in respect of their preparation and award, by this law and its implementing provisions and, as not provided for in these rules, by the law of contracts of general government. Its effects and extinction will be governed by this law and the rules of private law.

2. The preparation and award of these businesses, as well as the competence to adopt the corresponding acts, will be governed, in the first place, in the business public entities and in the public bodies Ports of the State and Port Authorities. (a) the term of the law of the Member State in which it is established or in its statutes, with the application, in any event, of the provisions of Article 147 of this Law.

3. The civil court shall have jurisdiction to settle disputes arising out of such contracts between the parties. However, separate legal acts shall be deemed to be separate in relation to their preparation and award, and may therefore be challenged in the context of the administrative and administrative judicial order in accordance with their rules of procedure. regulatory.

Article 111. Freedom of covenants.

1. Contracts, agreements and other legal businesses on property and property rights are subject to the principle of freedom of covenants. The public authorities may, in the interest of the public interest, agree to the terms and conditions which they have as appropriate, provided that they are not contrary to the legal order or to the principles of good administration.

2. In particular, legal businesses for the acquisition, exploitation, disposal, disposal or transfer of property or property rights may contain the performance by the parties of ancillary services relating to the goods or rights the purpose of these obligations, or to others incorporated in the assets of the Contracting Administration, provided that the fulfilment of those obligations is sufficiently guaranteed. These complex businesses will be dealt with in a single file, and will be governed by the rules corresponding to the heritage legal business that constitutes its main object.

Article 112. Estate file.

1. General specifications for covenants and conditions may be laid down for certain categories of contracts to be informed, prior to their approval, by the State Advocate or by the body to which the advice relates. legal status of public entities linked to the General Administration of the State.

2. In any event, the acts approving the assets shall incorporate the covenants and regulatory conditions of the rights and obligations of the parties, which must be informed in advance by the State Advocate or by the body to which the legal advice of public entities linked to the General Administration of the State.

3. The General Intervention of the State Administration shall issue a preliminary report on the procedures for the direct disposal of goods or rights, the value of which exceeds 1,000,000 euros, on the holding whose annual income exceeds that amount, and in those of free disposal to be authorized by the Council of Ministers. This report will examine in particular the budgetary and economic-financial implications of the operation.

4. Where the contract originates expenditure for the General Administration of the State or its self-employed bodies, the certificate of existence of a credit or document which is legally substituted for it and, where appropriate, the subject matter of the contract, must be entered in the file. Preliminary audit in accordance with Royal Legislative Decree 1091/1988 of 23 September, approving the recast text of the General Budget Law, and its implementing provisions.

5. The reports referred to in the preceding paragraphs shall be issued within 10 days.

Article 113. Formalization.

1. The legal business of acquiring or disposing of real estate and real rights shall be formalized in public deed. Leases and other legal businesses operating in real estate, when they are eligible for registration in the Land Registry, must be formalized in public deed, in order to be registered. The costs incurred thereby shall be at the cost of the party that has requested the said formalisation.

2. The free disposals of real estate or real rights on the same will be formalized in administrative document, which will be sufficient title for its registration in the Land Registry, when the transferee is another administration public, body or entity linked or dependent.

3. It is up to the Directorate-General of the State's Heritage to carry out the procedures leading to the notarial formalization of contracts and other legal businesses on the goods and rights of the General Administration of the State to which the State is concerned. title.

In the granting of the scriptures shall be the representation of the General Administration of the State by the Director-General of the State Heritage or official in whom you delegate.

4. The acts of formalization which, if any, are required in the acquisitions resulting from the exercise of the power of expropriation and the right of reversal, shall be effected by the ministry or body that urges them.

5. The notarial tariff to be satisfied by the public administration for the formalization of the property business will be reduced by the percentage provided for in the notarial tariff regulations.

Article 114. Expert appraisals and technical reports.

1. Assessments, appraisals, technical reports and other expert actions to be carried out in compliance with the provisions of this law shall explain the parameters in which they are based, and may be carried out by technical personnel. dependent on the department or body administering the goods or rights or having an interest in its acquisition or lease, or by optional technicians of the Ministry of Finance. These actions may also be entrusted to the valuation companies duly registered in the Registry of the Bank of Spain and legally qualified companies, subject to the provisions of the law of contracts.

2. In any event, the expert assessments and the technical reports required for the acquisition or lease of buildings must be provided by the department concerned at the opening of the relevant procedure, without prejudice to the The General Directorate of the State Heritage may review the assessments made.

3. The assessment shall be approved by the Director General of the State Heritage, or in the case of public bodies, by the competent body to conclude the relevant business. Where a file consists of dissenting appraisals, the approval shall be placed on the approval of the value of the good.

4. The assessment may be modified in a reasoned manner where the assessment of certain determining factors does not adequately justify the assessment of certain determining factors, where reasons for the special suitability of the building give it a value for the administration other than the value of market, or when there are facts or circumstances not appreciated in the assessment.

5. The appraisals shall be valid for one year from their approval.

CHAPTER II

Acquisitions for onerous title

Article 115. Legal acquisition business.

1. For the acquisition of goods or rights, the Administration may conclude any contracts, typical or atypical.

2. The Administration may also arrange for legal businesses to have as their object the constitution in their favour of a right to the acquisition of goods or rights. The rules of competition and the procedure laid down for the acquisition of the goods or rights to which they relate shall apply to such contracts, even if the expenditure file is processed solely by the amount corresponding to the premium which, if applicable, would have been established to grant the option.

Article 116. Procedure for the acquisition of buildings or rights on buildings.

1. Within the scope of the General Administration of the State, the power to acquire, for consideration, immovable property or rights thereon corresponds to the Minister of Finance, who may exercise it on his own initiative, when he considers it appropriate. to meet the needs which, according to the forecasts made, may arise in the future, or at the reasoned request of the department concerned, to which it must accompany, when the direct acquisition of immovable property or rights is proposed, the assessment. The procedure shall be handled by the Directorate-General for State Heritage.

2. The acquisition of immovable property or rights by the public bodies linked to or dependent on the General Administration of the State shall be carried out by its chairman or director, subject to a favourable report by the Minister of Finance.

3. The acquisition file must be incorporated in the following documents:

(a) A memory justifying the need or convenience of the acquisition, the purpose or purpose to which the property is intended to be used and the award procedure which, in accordance with the following paragraph and Justified form, be proposed to follow.

(b) The report of the State Advocate, or of the body to which the legal advice of the public entities linked to the General State Administration on the conditions of the proposed acquisition is concerned.

c) The assessment of the right or right, duly approved, that will incorporate the relevant market study.

4. The acquisition will take place through public competition, unless the direct acquisition is agreed on the peculiarities of the need to satisfy, the conditions of the real estate market, the urgency of the acquisition resulting from events unforeseeable, or the special suitability of the good. The direct acquisition may also be agreed upon in the following cases:

(a) Where the seller is another public administration or, in general, any legal person governed by public or private law belonging to the public sector. For these purposes, a legal person governed by private law belonging to the public sector shall mean a commercial company in whose capital the direct or indirect participation of one or more public administrations or persons is a majority. legal provisions of public law.

b) When the contest promoted for the acquisition was declared deserted.

c) When a co-owner is acquired a share of a good, in case of condominium.

(d) When the acquisition is made pursuant to the exercise of a preferential acquisition right.

5. If the acquisition is to be carried out by means of a competition, the corresponding call shall be published in the "Official State Gazette", without prejudice to any other means of advertising which may be used.

6. The amount of the acquisition may be deferred for up to four years, subject to the procedures laid down for future expenditure commitments.

Article 117. Acquisition of buildings under construction.

1. The acquisition of buildings under construction by the General Administration of the State or its public bodies may be exceptionally agreed for duly justified reasons and provided that the following conditions are met:

a) The value of the floor and the part of the building already built must be greater than that of the portion that is pending construction.

(b) The acquisition must be agreed for a certain or determinable price according to certain parameters.

(c) At the time of signature of the public procurement deed, without prejudice to any postponement that may be made, only the amount corresponding to the land and the work carried out, as certified by the corresponding technical services.

d) The rest of the price may be paid to the delivery of the building or against the corresponding certification of works made by the technical services.

e) The time limit for termination and delivery to the acquiring administration may not exceed two years.

f) The seller must sufficiently ensure the delivery of the completed building within the agreed time and conditions.

g) The acquirer shall establish the necessary mechanisms to ensure that the building complies with the conditions laid down.

2. The acquisition of buildings under construction by the General Administration of the State will be agreed upon by the Minister of Finance. The procurement of these buildings by public bodies will require the previous favourable report of the Minister of Finance.

3. Buildings may be purchased under construction by means of the delivery, in whole or in part, of other immovable property or rights, under the conditions set out in paragraph 1 above.

Article 118. Acquisition of real estate abroad.

The acquisition by the General Administration of the State of immovable property abroad and rights on the same will be agreed upon by the Minister of Finance or the Minister of Foreign Affairs, after a favorable report. of that, according to the department in whose budget the appropriations for which the acquisition is to be made are entered.

Article 119. Acquisition of capital or equity capital reduction.

1. The General Administration of the State and the public bodies linked to or dependent on it may acquire capital goods and rights for the reduction of capital of companies or of own funds of public bodies, or for the return of contributions to foundations.

2. The incorporation of the assets of the General Administration of the State shall require the signing of an act of surrender between a representative of the General Directorate of the State Heritage and another of the company, entity or foundation of whose capital or funds own right or right.

Article 120. Purchase of movable property.

1. The acquisition of movable property by the General Administration of the State or its autonomous bodies shall be governed by the law governing the procurement of public administrations.

2. Likewise, the acquisition of movable property by public entities linked to the General Administration of the State will be governed by the legislation governing the hiring of public administrations in the cases in which they are it is applicable, and in its absence, by the provisions of its rules of creation or its statutes.

Article 121. Acquisition of property rights incorporated.

1. The acquisition of the property rights incorporated by the General Administration of the State shall be made by the Minister of Finance, on a proposal, if any, of the owner of the department concerned.

2. In the case of public bodies linked to the General Administration of the State, they shall be competent bodies for the acquisition of the rights of property incorporated in their presidents or directors.

3. As soon as it is not incompatible with the nature of these rights, it will be applicable to these acquisitions as set out in this law for the acquisition of real estate and rights.

4. Where the acquisition of ownership rights takes place under administrative contracts, the provisions of the law on public administration contracts shall apply. The acquisition of these rights by means of collaboration agreements shall be in accordance with their special rules and with the provisions of the conventions themselves.

CHAPTER III

Real Lease

Article 122. Lease of buildings by the General Administration of the State.

1. It is up to the Minister of Finance to lease the real estate that the General Administration of the State requires for the fulfillment of its purposes, at the request, if any, of the department concerned. It is also up to the Minister of Finance to declare the extension, novation, early resolution or change of body or body. The instruction of these procedures shall be the responsibility of the General Directorate of State Heritage.

2. Once the lease has been concluded, it shall be for the department or body which occupies the property to exercise the rights and powers and to fulfil the obligations of the lessee.

Article 123. Leasing of buildings by public bodies.

1. The leasing of immovable property by public bodies linked to or dependent on the General Administration of the State, as well as the extension, novation or early termination of the relevant contracts shall be carried out by the presidents or directors of those, who will also be responsible for their formalization.

2. In the event that such contracts relate to administrative buildings, the prior favourable report of the General Directorate of the State Heritage shall be necessary for its conclusion.

3. The provisions of Article 126.1 of this Law shall apply to these contracts.

Article 124. Procedure for the lease of buildings.

1. The leases shall be concluded by public tender unless, in a justified manner and by the peculiarities of the need to satisfy, the conditions of the real estate market, the urgency of the procurement due to events unforeseeable, or the special suitability of the good, it is considered necessary or appropriate to arrange them in a direct manner.

2. The lease proposals, as well as those for novation and extension, shall be submitted to a technical report, which shall contain the relevant market study, and the legal advice of the State or the body to which the legal advice of the public entities linked to the General Administration of the State.

3. In the case of leases to be arranged by the General Administration of the State, the request of the Ministry will be accompanied by the offer of the lessor and the technical report provided for in the previous section.

4. The formalisation of the tenancies of the General Administration of the State and its modifications shall be carried out by the Director-General of the State Heritage or the official in whom he delegates. However, the Minister of Finance, when agreeing on the lease, or his novation, may entrust the formalisation of these contracts to the deputy secretaries of the ministerial departments.

Article 125. Lease of part of the right of use or shared use of buildings.

This chapter will apply to leases that allow the use of a part to define or to concretize a building or the use of a property in a shared way with other users, without specifying the physical space to be used by each at every moment.

Article 126. Use of the well leased.

1. The lease agreements shall be concluded with the express mention that the leased property may be used by any organ of the General Administration of the State or the public bodies of the State.

2. The General Directorate of the State's Heritage, on a proposal from the Ministry concerned, may authorize the arrangement of the lease for the exclusive use of the building by a certain organ of the General Administration of the State or of their public bodies where there are reasons of public interest to advise them.

Article 127. Early termination of the contract.

1. Where the ministerial department or public body occupying the leased property provides that it shall leave it free before the end of the agreement or the expiry of the legal or contractual extensions, it shall inform the Directorate-General of the State assets at least three months in advance of the date of the eviction.

2. From this point of view, the General Directorate of the State Heritage will transfer this communication to the various ministerial departments, which may request, within one month, the making available to the property.

The General Directorate of the State's Heritage shall decide on the department or body to occupy the property.

This resolution shall be notified to the lessor, for which the contractual novation shall be mandatory without the increase in the rent.

Article 128. Mixed contracts.

1. For the conclusion of leasing contracts and other mixed leasing contracts with an option to purchase, the rules of competition and procedure laid down for the acquisition of buildings shall apply.

2. For the purposes laid down in Article 61 of the Royal Decree No 1091/1988 of 23 September 1988 approving the recast of the General Budget Law, leasing contracts with a purchase option Financial and mixed contracts referred to in the preceding paragraphs shall be deemed to be lease contracts.

CHAPTER IV

How to store assets

Article 129. Conservation of demanial goods and rights.

1. The preservation of public property and rights is the responsibility of the public ministry or body to which they are affected or assigned, or to which their administration corresponds.

2. In the event that one or more concurrent affections pursuant to Article 67 of this Law have been imposed on the property, the participation of the various departments or bodies in the conservation may be determined by means of agreements or protocols for action between them. In the absence of agreement, the form of participation of each of them shall be determined by the Minister of Finance.

Article 130. Conservation of property and property rights.

1. The conservation of the assets and property rights of the General Administration of the State is the responsibility of the General Directorate of the State Heritage through the Economy and Finance Delegations.

2. The preservation of the assets and property rights of the public bodies that are dependent on or linked to the General Administration of the State is a matter for the agencies that make their headlines.

CHAPTER V

Alienation and lien

SECTION 1 GENERAL RULES

Article 131. Property and rights in law.

1. The assets and property rights of the State's Heritage which are not necessary for the exercise of the powers and functions of the General Administration of the State or its public bodies may be rules set out in this chapter.

2. However, the disposal of State Heritage assets may be agreed with the temporary use of such assets where, for exceptional reasons, duly justified, it is appropriate for the public interest. This temporary use may be used through the conclusion of lease agreements or any other contracts that enable the use of the goods in the disposal, simultaneous to the disposal business and subject to the same rules of competence and procedure that is.

Article 132. Legal business of disposal.

1. The disposal of the assets and property rights of the State may be effected by virtue of any legal, typical or atypical business of an onerous nature. The disposal for free title shall be admissible only in cases where, in accordance with the rules of Section 5. of this Chapter, the transfer is agreed.

2. The contribution of goods or rights of the General Administration of the State to commercial companies, public entities or public foundations shall be agreed by the Minister of Finance, on a proposal from the General Directorate of the State prior to the approval of the right or right and report of the State Advocate, and without prejudice to the provisions of the commercial law and Title VII of this Law.

Article 133. Revenue from enajenations.

The product of the disposal of the assets and property rights of the General Administration of the State will be entered into the Treasury and, in accordance with the provisions of Article 71 of the Royal Legislative Decree 1091/1988, of 23 of September, approving the recast text of the General Budget Law, will be able to generate credit in the corresponding states of expenditure of the General Directorate of the State Heritage.

Article 134. Payment deferral.

The body competent to dispose of the goods or rights may accept the deferred payment of the sale price for a period not exceeding 10 years and provided that the payment of the deferred amounts is sufficiently guaranteed by an explicit resolution, mortgage, bank guarantee, security insurance or other sufficient security on the market. The deferral interest may not be less than the legal interest of the money.

SECTION 2. PROPERTY ALIENATION

Article 135. Competence.

1. The competent authority to dispose of the real estate of the General Administration of the State shall be the Minister of Finance. The opening and processing of the file shall be the responsibility of the General Directorate of State Heritage.

2. In relation to the real estate and rights belonging to the public bodies, the competent authorities shall be competent to agree to the disposal of their directors or directors or, if provided for in their rules of creation or in their statutes, the bodies Address collegiates.

3. In the cases provided for in the previous two paragraphs, where the value of the property or the right, according to valuation, exceeds EUR 20 million, the disposal shall be authorised by the Council of Ministers, on a proposal from the Minister of Finance.

Article 136. Pre-disposal formalities.

1. Prior to the disposal of the real estate or right, the physical and legal situation of the property shall be purged, with the deslinde being practiced if necessary, and by registering in the Land Registry if it is not yet.

2. However, they may be sold without prejudice to the provisions of the previous paragraph to segregate from others of ownership of the person who has them, or in the process of being registered, dislocated or subject to charges or encumbrances, provided that these circumstances are make the acquirer aware and accepted by the acquirer.

Article 137. Forms of disposal.

1. The disposal of the buildings may be carried out by means of a tender, auction or direct award.

2. The ordinary procedure for the disposal of buildings shall be the contest. In this case, the contract shall be awarded to the tenderer who, as a whole, makes the most advantageous proposition, taking into account the criteria laid down in the relevant documents.

3. Only the auction shall be used in the cases provided for in regulation and, in any case, in respect of goods which, by their location, nature or characteristics, are inadequate to comply with the guidelines arising from public policies. referred to in Article 8 (2) of this law, and in particular of housing policy.

The auction may be held up or down, and, where appropriate, with presentation of positions in the closed; it may also be used for electronic auction systems. The mode of the auction shall be determined on the basis of the circumstances of the disposal, and the award shall be made in favour of the person who presents the most advantageous economic tender.

In the event that the award is unsuccessful because of the failure to formalise the contract on account of the successful tenderer, the disposal may be carried out in favour of the tenderer who has submitted the following tender advantage or proceed to the direct disposal of the good.

4. Direct award may be agreed upon in the following cases:

(a) Where the acquirer is another public administration or, in general, any legal person governed by public or private law belonging to the public sector. For these purposes, a legal person governed by private law belonging to the public sector shall mean a commercial company in whose capital the direct or indirect participation of one or more public administrations or persons is a majority. legal provisions of public law.

b) When the acquirer is a non-profit entity, declared to be a public utility, or a legally recognized church, confession or religious community.

(c) Where the building is necessary to comply with a public service function or to carry out an end of general interest per person other than those provided for in paragraphs (a) and (b).

(d) When the auction or contest promoted for disposal was declared to be deserted or failed as a result of the successful tenderer's failure to comply with its obligations, provided that it did not more than one year after the celebration of the same. In this case, the conditions of the disposal may not be lower than those previously announced or those in which the award was made.

e) When it comes to solar that by its form or small extension are unreleased and the sale is made to an adjoining owner.

(f) In the case of rustic estates which do not constitute an economically exploitable area or are not liable to be useful in accordance with their nature, and the sale is made to an adjacent owner.

g) When the ownership of the right or right corresponds to two or more owners and the sale is done in favor of one or more co-owners.

(h) When the sale is made in favour of the person who has a preferential acquisition right recognised by law.

(i) Where for exceptional reasons it is considered appropriate to sell in favour of the occupant of the building.

5. Where several interested parties are in the same case of direct award, the same shall be settled on the basis of the general interest in the case in question.

6. Participation in award procedures will require the entry of 25 percent of the selling price in terms of bail.

Article 138. Disposal procedure.

1. The file for the disposal of immovable property and rights relating to the property belonging to the General Administration of the State shall be instructed by the General Directorate of the State's Heritage, which shall initiate it on its own initiative, on the initiative of or at the request of a party interested in the acquisition, provided that it considers, duly justified in the file, that the right or right is not necessary for the general use or the public service nor is its exploitation appropriate. The agreement to initiate the procedure shall imply the declaration of the alienation of the goods to which it relates.

The disposal of the real estate may be agreed upon in the case of lots and, in the case of direct disposal, the delivery of other buildings or rights to the property in payment of part of the sale price, valued in accordance with the with Article 114 of this Law.

2. The rate of the auction or the price of direct disposal shall be fixed by the competent authority for the disposal in accordance with the approved valuation. In the same way, the specifications to be applied shall determine the criteria to be taken into account in the award, taking into account the guidelines resulting from the public policies of the implementation of the competition. In any case, the specifications shall refer to the physical, legal and registration situation of the farm.

3. The call for the disposal procedure will be published free of charge in the "Official State Gazette" and in the province in which it radiating the good and will be referred to the city council of the corresponding municipal term for exhibition in the Notice board, without prejudice to the possibility of using, in addition, other means of advertising, attended to the nature and characteristics of the good.

The General Directorate of the State Heritage may establish other complementary mechanisms to disseminate information on real estate in the process of sale, including creation, subject to the provisions of the The Organic Law 15/1999, of 13 December, of Protection of Personal Data, of files with the data of the persons who voluntarily and expressly request to them be sent information on those goods.

4. The suspension of the procedure, after the announcement has been made, may be effected only by Order of the Minister of Finance, in the case of goods of the General Administration of the State, or by agreement of the presidents or directors of the agencies. public, in the case of their own property, on the basis of verified documents or accredited facts proving the origin of the sale.

5. The Minister of Finance, on a proposal from the Directorate-General of the State Heritage, or the presidents or directors of the public bodies shall agree, after a report by the Advocate of the State or the body to which the advice corresponds (a) the legal status of the public entities, the disposal or their provenance, if they consider the award under the proposed conditions to be detrimental to the public interest or, for reasons oversold, consider necessary the good for the performance of the public purposes, without the instruction of the file, the conclusion of the auction or the valuation of the submitted proposals generate the right for those who chose to buy them.

Article 139. Contribution to compensation boards.

1. The incorporation of the General Administration of the State or its public bodies to compensation boards with the contribution of real estate or rights on the same belonging to the State Heritage will be governed by the urban legislation in force, on express accession. The implementation of the various acts requiring such participation shall be the responsibility of the body responsible for administration and management.

2. In the case of buildings affected or attached to the scope of a clearing board in which the intended uses are not compatible with the purposes which led to the affectation or attachment, the departments or bodies holders shall propose their disaffection or disaffection to the General Directorate of the State Heritage, provided that they are not essential for the fulfilment of their purposes.

Article 140. Disposal of litigious properties.

1. Litigious assets of the State's Heritage may be used provided that the following conditions are met:

(a) In the case of sale by tender or by auction, in the statement of bases, explicit and detailed reference shall be made to the object, parts and reference of the specific dispute affecting the good and the full assumption must be provided for. the successful tenderer, the risks and consequences arising from the dispute.

(b) In the legally intended cases of direct sale, it must be stated in the dossier that the acquirer is aware of the object and scope of the dispute and that he knows and assumes the consequences and risks derivatives of such a dispute.

In both cases, the assumption by the acquirer of the consequences and risks arising from the dispute will necessarily appear in the public deed in which the disposal is formalised.

2. If the dispute arises after the initiation of the disposal procedure and is at a stage where compliance with the provisions of the previous paragraph is not possible, the proceedings shall be rolled back to the stage permitting compliance with the above mentioned numbers.

3. The good shall be considered to be litigious since the competent authority for the disposal has formal record of the exercise, in the jurisdiction of the appropriate action, of the action concerned and its content.

Article 141. Disposal of immovable property abroad.

The disposal of real estate and rights on the same from the General Administration of the State abroad will be agreed upon by the Minister of Foreign Affairs, after a favorable report by the Minister of Finance.

SECTION 3. 3RD FURNITURE DISPOSAL

Article 142. Competence.

1. The competence to dispose of the movable property of the State Heritage corresponds to the holder of the department or to the president or director of the public body that was affected by it or assigned to it or to have been using them.

2. The disposal agreement will involve the disaffection of the goods and their low inventory.

Article 143. Procedure.

1. The disposal shall take place by public auction for individual or batch goods. However, where the ministry or body considers in a reasoned manner that the goods are obsolete, perishable or damaged by the use or are present in any of the circumstances provided for in Article 137.4 of this law, the disposal may be be performed directly.

2. Goods whose value at the time of their valuation for sale is less than 25% of the acquisition shall be considered obsolete or damaged by the use for the purposes of the preceding number.

3. Movable property may be transferred free of charge by the respective department or body to other public administrations or to public or private non-profit bodies or institutions, without the limitations laid down in Section 5. where it would not have been possible to sell or deliver them as part of the price of another acquisition, or where it is considered in a reasoned manner that they do not reach 25% of the value they had at the time of their acquisition.

If its sale or disposal is not possible or is not possible, its destruction, misuse or abandonment may be agreed upon. The transfer agreement shall imply the disaffection of the goods.

4. The rules of procedure laid down in Article 137 of this Law shall apply to furniture auctions.

5. The disposal of movable property by public entities linked to the General Administration of the State shall, in the first term, be governed by its rules of creation or its statutes.

SECTION 4. ENAJEDATION OF PROPERTY RIGHTS INCORPORATED

Article 144. Disposal of property rights incorporated.

1. The body responsible for the disposal of the property rights incorporated in the General Administration of the State shall be the Minister of Finance, at the initiative, where appropriate, of the owner of the department that has generated them or that has been entrusted with its administration and operation.

2. The disposal of the rights of ownership incorporated in public bodies shall be carried out by its chairman or director.

3. The disposal shall be verified by public auction. However, where one of the circumstances provided for in Article 137.4 of this law is present, the disposal may be carried out directly.

4. The rules of procedure laid down in Article 137 of this Law shall apply to auctions of these rights.

SECTION 5 FREE DISPOSAL OF GOODS OR RIGHTS

Article 145. Concept.

1. The property and property rights of the General Administration of the State whose affectation or exploitation is not deemed foreseeable may be transferred free of charge, for the purposes of public utility or social interest of its competence, to Autonomous communities, local entities, public foundations or public utility associations.

2. Likewise, these goods and rights may be transferred to foreign States and international organizations, when the transfer takes place in the framework of peacekeeping operations, police cooperation or humanitarian aid and for the implementation of these actions themselves.

3. The assignment may be the object of the property of the right or right or only its use. In both cases, the transfer shall take the obligation to allocate the goods to the end expressed in the relevant agreement. Additionally, this transmission may be subject to condition, term or mode, which shall be governed by the provisions of the Civil Code.

4. Where the transfer is subject to the ownership of the good or the right, only the autonomous communities, local authorities or public foundations may be transferee.

Article 146. Competence.

1. The transfer of assets of the General Administration of the State shall be agreed by the Minister of Finance, on a proposal from the General Directorate of the State Heritage and prior to the report of the State Advocate.

2. However, where the transfer is carried out in favour of public foundations and associations declared to be of public use, the competence to agree shall be the responsibility of the Council of Ministers.

Article 147. Transfer of goods from public bodies.

1. Irrespective of the disposals provided for in Article 143.3 of this Law, public bodies attached to the General Administration of the State may only grant the property or the use of property or rights of their ownership free of charge when have been assigned powers for their disposal and their incorporation into the assets of the General Administration of the State would not have been considered. Only those entities and organisations provided for in Article 145 of this Law may be transferee.

2. They shall be competent to agree on the transfer of the assets of the organs which are for their disposal, after a favourable report by the General Directorate of the State's Heritage or, in the cases provided for in paragraph 2 of the previous Article, authorization of the Council of Ministers.

Article 148. Link to the end.

1. The goods and rights which are the subject of the transfer may be used only for the purposes which justify it, and in the form and with the conditions which, where appropriate, have been established in the relevant agreement.

2. It is up to the General Administration of the State's Heritage to control the application of the goods and rights of the General Administration of the State to the end for which they were transferred, and may adopt as many control measures as possible. required.

3. For these purposes, and without prejudice to other control systems which may be arbitrated, the transferee of immovable property or rights in respect of them shall forward to the General Directorate of the State Heritage every three years the documentation certifying the destination of the goods. The General Directorate of the State's Heritage, served by the concurrent circumstances in each case, may exonerate certain transferee of property from this obligation, or point out wider deadlines for the referral of the documentation.

4. In the case of movable property, the transfer agreement shall determine the control system. However, if the furniture transferred has been intended for the intended purpose for a period of four years, the mode and the transfer shall be deemed to be pure and simple, unless otherwise specified in the relevant agreement.

5. The same controls shall be carried out by the public bodies in respect of the goods and rights which they have given.

Article 149. Procedure.

1. The application for free transfer of assets or rights to the assets of the General Administration of the State shall be addressed to the General Directorate of the State's Heritage, with an indication of the right or right the assignment of which is requested and the purpose or purpose to which it is (a) shall be used, accompanied by the accreditation of the person making the application, and the means necessary for the fulfilment of the intended purposes.

2. The request for free transfer of goods or rights of the public bodies linked to or dependent on the General Administration of the State shall be addressed to them, with the same particulars as those referred to in the previous paragraph.

Article 150. Resolution.

1. If the goods transferred are not intended for the purpose or intended use within the time limit specified in the transfer agreement or shall cease to be so subsequently, the charges or conditions imposed, or the term fixed, shall be deemed to be settled. the cession, and shall reverse the assets to the transferor administration. In this case, the detriment or deterioration suffered by the assets transferred shall be taken into account by the transferee, without compensation for the costs incurred in carrying out the charges or conditions imposed.

2. The decision of the cession shall be agreed by the Minister of Finance, in respect of the goods and rights of the General Administration of the State, and by the presidents or directors of the public bodies, in the case of goods or rights of the heritage of these. The resolution that agrees to the assignment will determine what proceeds about the reversal of the goods and rights and the compensation for the deterioration that they have suffered.

Article 151. Advertisement of the cession.

1. The assignment and reversal, if any, shall be entered in the General Inventory of Estate and State Heritage Rights.

2. If the assignment has for object real estate or real rights on them, the corresponding seat in favor of the transferee shall be carried out in the Registry of the Property, and the cession shall not take effect as long as this is not completed requirement, for which the transferee shall communicate to the General Directorate of the State Heritage the practice of the seat.

The registration shall include the purpose to which the goods must be engaged and any other conditions and charges that the cession takes away, as well as the warning that the non-compliance with the same shall give rise to their resolution.

3. The Order by which the decision of the assignment is agreed and the reversal of the good or the right shall be sufficient evidence for the registration of the property in the Register of the Property or in the records that come, as well as for the claim, if any, of the amount of the current or deteriorating assets or impairments at the time the reversion agreement is executed.

4. A list of the disposals made during that period shall be published in the Official Gazette of the State.

SECTION 6. TAXATION OF GOODS AND RIGHTS

Article 152. Taxation of charges and charges.

No charges or charges may be imposed on the assets or property rights of the State but with the requirements for their disposal.

CHAPTER VI

Permuse of goods and rights

Article 153. Admissibility.

The assets and rights of the State's Heritage may be permuted when for reasons duly justified in the file it is appropriate for the public interest, and the difference in value between the goods or rights that is try to change, according to assessment, not more than 50% of those who have the highest. If the difference is greater, the file shall be processed as a disposal with payment of part of the price in kind.

The permuse may have for object buildings to be constructed.

Article 154. Procedure for the permuse of goods and rights.

1. The rules laid down for the disposal of goods and rights shall apply to the swap, except as regards the need to convene a tender or a public auction for the award.

2. However, the body responsible for the permuse may request the submission of offers of immovable property or rights to change, by means of an act of invitation to the public to be disseminated through the "Official State Gazette" and any other means deemed appropriate.

3. In the case of submission of tenders in accordance with the procedure laid down in the preceding paragraph, the selection of the successful tenderer shall be carried out in accordance with the specifications laid down in the specifications previously drawn up.

4. The difference in value between the goods to be lost may be paid in cash or by the delivery of other goods or rights of a different nature.

TITLE VI

Coordination and optimization of the use of administrative buildings

CHAPTER I

General rules

Article 155. Administrative buildings.

1. The following administrative buildings shall be considered:

(a) Buildings destined for offices and auxiliary offices of the constitutional bodies of the State and the General Administration of the State and its public bodies.

(b) Those intended for other public services to be determined regulatively.

(c) State Heritage buildings that are liable to be intended for the purposes expressed in the preceding paragraphs, regardless of the use to which they are being dedicated.

2. For the purposes set out in this Title, the administrative buildings shall be treated as the land acquired by the General Administration of the State and its public bodies for the construction of buildings for any of the purposes set out in this Title. paragraphs (a) and (b) above.

Article 156. Principles of management of administrative buildings.

The management of the administrative buildings by the General Administration of the State and its public bodies will be based on the principle of adapting to the needs of the public services and will be made subject to the following criteria and principles:

a) Global and integrated planning of administrative use real estate needs.

b) Efficiency and rationality in their use.

c) Profitability of investments, considering the impact of the characteristics of the buildings on their use by the citizens and on the productivity of the administrative services linked to them.

d) A unified image, showing the ownership of buildings, and transmitting the values of austerity, efficiency and dignity inherent in the public service.

e) Coordination by the Ministry of Finance of the economic aspects of the above criteria and verification by the Ministry of Finance of the compliance with these criteria.

CHAPTER II

Coordinating organs

Article 157. Minister of Finance.

The coordination of the management of the administrative buildings used by the General Administration of the State and its public bodies corresponds to the Minister of Finance and, under the latter's authority, to the Director General of the Estate of the State.

Article 158. Coordinating Board of Administrative Buildings.

1. The Board of Directors of Administrative Buildings is the interministerial collegiate body of assistance to the Minister of Finance in the coordination of the management of the administrative buildings of the State Heritage, the approval of guidelines and the adoption of measures for more efficient use of the measures.

2. The composition of the Board, which shall be chaired by the Deputy Minister of Finance, shall be determined.

3. The Board of Directors of Administrative Buildings shall issue a mandatory report on the management operations and the programming and planning instruments of the administrative buildings to be determined by regulation and, in all case, for the following:

a) Programs and plans to optimize the use of administrative buildings.

b) Establishment of the occupation rates and basic criteria for the use of the administrative buildings of the State Heritage, whose approval is the responsibility of the Minister of Finance.

(c) Affectations, demanial mutations and administrative buildings, where several ministerial departments or public bodies are interested in their use.

(d) Disaffections and dislocations of administrative buildings, when the ministerial department or the public body that was affected or assigned to them is opposed.

e) Actuations of wealth management which, by reason of their special characteristics, are subject to their consideration by the Minister of Finance or the Director General of the State Heritage.

4. The Board of Directors of Administrative Buildings may, on its own initiative or at the request of the Minister of Finance or the Director General of the State Heritage, raise reports or proposals to these bodies concerning the management and use of administrative buildings.

Article 159. Government delegates and Government Subdelegates.

1. Coordination of the use of buildings of administrative use by the territorial organization of the General Administration of the State and of the public bodies of it dependent in the field of the Autonomous Communities and of the Cities of Ceuta and Melilla corresponds to the Government Delegates, in accordance with the guidelines established by the Minister of Finance and the Director General of the State Heritage.

2. Under the responsibility of the Government Delegate, the Government Subdelegates will coordinate the use of administrative buildings in the territorial scope of their competence.

CHAPTER III

Optimization actions

Article 160. Concept of optimization.

For the purposes set out in this law, it is understood by optimization of the use of the buildings of administrative use the result of the set of technical and economic analyses on existing buildings, of forecast of the development of real estate demand for public services, programming of needs coverage and verification and control interventions, which aim to identify, in a given territorial or sectoral area, the best solution to meet the contrasting needs of buildings of administrative use in the the geographical or sectoral scope considered, with the assumption of the economic, functional or cultural or environmental constraints to be determined.

Article 161. Action programmes.

The Council of Ministers will approve, on a proposal from the Finance Ministry, annual action programmes for the optimization of the use of administrative buildings and the coverage of new needs through construction, acquisition or lease of real estate.

Article 162. Optimization plans.

1. The elaboration of plans for the optimization of the use of the administrative buildings will be agreed by the General Directorate of the State Heritage, according to the forecasts of the annual program of action.

2. The scope of the optimization plans may be determined either territorially or sectorially: in the latter case, it shall comprise the buildings concerned or attached to a particular department or body, and its ultimate objective shall be the most efficient of the set of properties included in it.

3. The plans shall include a detailed analysis of the situation, characteristics and level of occupation of the buildings to which they relate, and the measures and actions considered most appropriate for the optimisation of their use, including, where appropriate, proposals for the collection of units and staff, affectations, disaffection, subscriptions, disqualifications or additions to the assets of the General Administration of the State of the State of Public Bodies, with the establishment of the calendar for execution.

4. The optimization plan shall be transferred to the ministries or bodies concerned, so that, within a period of one month, they manifest their conformity or make representations. After this deadline or the procedure has been completed, the Minister of Finance, prior to the report of the Coordinating Board of Administrative Buildings, will raise the plan to the Council of Ministers for approval.

5. The implementation of the measures contained in the plan shall be carried out by the units to which it is concerned; the General Directorate of the State's Heritage shall ensure that the time limits laid down in the plan are met. For these purposes, it may be necessary for the bodies to be responsible in each case for the adoption of the corresponding optimization measures and to raise the reports or proposals it considers relevant to the Minister of Finance.

6. The General Directorate of the State's Heritage shall finance the activities of the optimization plans, the financing of which has not been expressly attributed to the State's wealth management programme, from its budgetary appropriations. none of the entities included in the plan.

When the execution of the optimization operations results in savings or additional expenses for the entities that are part of the optimization plan, the Directorate General of the State Heritage will give the General of Budgets of the estimated, duly annualized quantification of these savings or expenses, to be taken into account in the annual budget by means of the consequent low and high credits.

Article 163. Powers of the General Directorate of State Heritage.

For the determination of the degree of use of the buildings of administrative use and verification of their state, as well as for the elaboration of the plans of real estate optimization and control and supervision of its execution, the State Heritage General Directorate may obtain reports from departments and agencies which are affected or assigned to them, carry out inspection visits, and request the Central Register of Personnel to provide information on the personnel assigned to them. the units that occupy them.

Article 164. Subordination of the property management to the execution of the plans.

No new acquisitions, leases, affectations or adscriptions of administrative use buildings for the ministries or public bodies may be concluded or authorized, as long as the plans of the optimization that affects them, with the fulfillment of all of their forecasts, except that there are urgent need, appreciated by the Coordinating Board of Administrative Buildings.

Article 165. Verification of works projects.

The approval of construction, transformation or rehabilitation of administrative buildings will require a favourable report from the Minister of Finance when its cost exceeds 10 million euros.

TITLE VII

Business Heritage of the General Administration of the State

CHAPTER I

General provisions

Article 166. Scope of application.

1. The provisions of this Title shall apply to the following entities:

(a) Business public entities, as referred to in Chapter III of Title III of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

(b) Public law entities linked to the General Administration of the State or to its public bodies whose revenue comes, at least 50%, from operations carried out on the market.

(c) State-owned commercial companies, in the understanding of those companies in which the direct or indirect participation in their share capital of the entities which, in accordance with the provisions of the Royal Decree of Law No 1091/1988, 23 September, in which the recast text of the General Budget Law is approved, the state's public sector is made up of more than 50 percent. For the determination of this percentage, the corresponding units shall be added to the integrated entities in the state public sector, in the event that several of them participate in the social capital.

(d) Commercial companies which, without having the nature of state commercial companies, are in the case provided for in Article 4 of Law 24/1988 of 28 July 1988 on the Market of Securities General Administration of the State or its public bodies.

2. State-owned commercial companies, in the form of a public limited liability company, the capital of which is wholly owned, directly or indirectly, by the General Administration of the State or its public bodies, shall be governed by this Title and by the private legal order, except in the areas in which the budgetary, accounting, financial control and procurement rules apply to them.

3. For the purposes set out in this Title, they shall form part of the business assets of the General Administration of the State or its public bodies, shares, securities, securities, obligations, convertible bonds in shares, rights of preferential subscription, option financial contracts, financial swap contracts, participative credits, and others liable to be traded on organized secondary markets that are representative of rights for the Administration General of the State or its public bodies, even if its issuer is not included the legal persons referred to in paragraph 1 of this Article.

4. The equity of the State General Administration will also form part of the assets of the State General Administration, which are expressive of the State's capital contribution, of the business public entities, which will be recorded in the State's patrimonial accounts. as the capital provided for the formation of these agencies. These funds generate in favour of the State participation rights in the distribution of the entity's profits and the assets resulting from its liquidation.

Article 167. Estate regime.

1. The entities referred to in paragraphs (a) and (b) of paragraph 1 of this Article shall adjust the management of their assets to this law. As not provided for therein, they shall be in accordance with private law, except in the case of public domain goods in which the regulatory provisions of these goods shall apply to them.

2. The entities referred to in paragraphs (c) and (d) of paragraph 1 of this Article shall adjust the management of their assets to private law without prejudice to the provisions of this law which are expressly applicable to them.

Article 168. Restructuring of the business public sector.

1. The Council of Ministers, by agreement adopted on the proposal of the Minister of Finance, may agree to the incorporation of shares of ownership of the General Administration of the State to entities governed by public law General administration of the State or companies as provided for in Article 166.2 of this law, the purpose of which is to manage shareholdings, or from those to that. Similarly, the Council of Ministers may agree, on a joint proposal from the Minister of Finance and the Minister of the department to which they are attached or which corresponds to their protection, the incorporation of ownership shares of public bodies, entities governed by public law or companies provided for in Article 166.2 of this law to the General Administration of the State.

In all these cases, the agreement of the Council of Ministers will be adopted after a report from the Government's Delegation for Economic Affairs.

The legal or regulatory attribution for the exercise of the State's ownership of certain units and the powers inherent in it to correspond to a given body or entity shall be understood to be substituted for the institution or body which receives such holdings. The agreements to be adopted may provide for the terms and conditions in which the entity to which the companies are incorporated is subrogated in the legal relations, rights and obligations which the transmitting entity maintains with such companies.

2. For the purposes of this Article, the General Administration of the State, entities governed by public law or the companies provided for in Article 166.2 of this Law shall acquire the full domain of the actions received from the adoption of the relevant agreement, the copy of which shall be evidence of the new ownership, whether for the purposes of the change in the notes to the account and for the purposes of the nomination, as for any other administrative, corporate and the accounting officer to be performed. The shareholder shares received shall be recorded in the accounts of the new holder for the same net book value as they had in the previous holder to the date of that agreement, without prejudice to the value adjustments to the end of exercise.

3. The exchange of ownership and internal reordering operations in the State public sector that are carried out in execution of this Article shall not be subject to the securities market legislation or to the public procurement offer regime, and not they shall give rise to the exercise of the rights of the anteo, retract or any other right of preferential acquisition which would be legally or contractually liable to be held by other shareholders of the companies whose shares are transferred or, where appropriate, third parties to those companies. In addition, the mere transfer and rearrangement of company shares to be carried out pursuant to this rule may not be understood as a cause for amendment or resolution of the legal relations which maintain such interests. companies.

4. All company operations, changes of ownership and acts resulting from the execution of this article will be exempt from any state tax, including taxes transferred to the autonomous communities and autonomous surcharges on taxes. State, or local, without in the latter case the compensation referred to in the first subparagraph of Article 9 (2) of Law 39/1988, of 28 December, Regulatory of Local Haciendas.

5. The tariffs of the Notaries and Registrars of the property and mercantiles that intervene the acts derived from the execution of this article will be reduced by 90 percent.

Article 169. Powers of the Council of Ministers.

Without prejudice to the authorizations of the Council of Ministers to which this law and other specific acts submit certain actions of management of the public sector of the State, it is the responsibility of the Council of Ministers:

a) Determine the guidelines and management strategies of the State business public sector, in coherence with economic policy and budgetary stability.

b) Approve restructuring plans of the State business public sector and order the execution of the same.

(c) Authorising reallocations of property assets which may be used for administrative purposes within the scope of the General Administration of the State and its public bodies, where it is made in return for reductions or increases in the own funds of public bodies.

d) To attribute the protection of the societies provided for in Article 166.2 of this law to a particular department, or to modify the ministry of protection.

e) Authorize the social object of the companies provided for in Article 166.2 of this Law and its modifications.

(f) Authorize the creation, transformation, merger, division and extinction of state commercial companies, as well as acts and businesses that involve the loss or acquisition of this condition by existing companies. A memory relating to the expected economic effects shall be included in the authorisation file.

(g) Authorize the acts of acquisition or disposal of shares that assume the acquisition by a company of the conditions provided for in Article 166.2 of this law or the loss thereof.

(h) Authorize the acts of acquisition or disposal of shares of the companies referred to in paragraph (d) of Article 166.1 of this law where they involve the taking of control positions as defined in the cited article, or the loss thereof.

(i) Authorizing the entities referred to in Article 166 of this Law and the Ministry of Finance for the subscription of agreements, such as acts of association of actions, that require the exercise of the rights inherent in the securities in commercial companies by common agreement with other shareholders.

(j) Authorize the acts of acquisition by the General Administration of the State or its public bodies by purchase or disposal of shares when the amount of the transaction exceeds EUR 10 million.

(k) Authorise the acquisition or disposal of shares that entail consolidation operations with an estimated cost of more than EUR 10 million.

Article 170. Powers of the Ministry of Finance.

1. It is up to the Minister of Finance to set criteria for the management of the assets and rights of the business assets of the General Administration of the State, in accordance with the sectoral policies which, if necessary, the Ministry will adopt are linked or attached or to which the guardianship of the companies provided for in Article 166.2 of this law corresponds, in accordance with the principles of economic efficiency in the pursuit of the public interest, and propose to the Council of Ministers the granting of the authorizations referred to in the previous article.

2. The Ministry of Finance shall, in such a way as to be determined and without prejudice to budgetary and financial control powers, exercise the representation of the general economic interests of the administration. General of the State in the Entities referred to in paragraphs (a) and (b) of Article 166.1 of this Law, for the proper accommodation of the management of the public assets that have been attributed to them to the general strategies established by the Government and the criteria defined in accordance with the provisions of the previous paragraph of this article.

3. The Minister of Finance may give instructions to those in the General Meeting of the commercial companies to represent the actions of ownership of the General Administration of the State and its public bodies on the application of the reserves available or the result of the exercise of those companies when, in accordance with the provisions of Royal Decree-Law 1564/1989 of 22 December 1989, approving the recast of the Law on Companies, such application is possible.

4. It is up to the General Directorate of the State Heritage to hold and administer the shares and social interests in the commercial companies in which the General Administration of the State participates, the formalization of the business of the acquisition and disposal of the same, and the proposal for action on the own funds of public entities involving a reduction or increase in the same as a counterpart to transactions involving the division or merger of activities or either the incorporation of goods into the Heritage of the General Administration of the State or the the transfer of goods from the latter to the public entities.

5. It is for the General Intervention of the State Administration to control the finan ciero character of the integrated entities in the business public sector, in accordance with the provisions of Article 17 of the Royal Legislative Decree. 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law.

Article 171. Acquisition of securities securities.

1. The acquisition by the General Administration of the State of securities representative of the capital of commercial companies, whether by subscription or purchase, as well as futures or options, the underlying asset of which is constituted by shares, shall be agreed by the Minister of Finance, prior to authorization, if appropriate, of the Council of Ministers, in the cases provided for by this law or others that are applicable, with a prior report from the General Directorate of the State Heritage.

2. They shall be competent to agree to the acquisition or subscription of securities representing the capital of commercial companies by public bodies linked to the General Administration of the State or dependent on them by their directors or presidents, prior to the authorisation of the Council of Ministers, where necessary in accordance with Article 169 of this Law.

3. The purchase purchase agreement shall determine the procedures for fixing the amount of the purchase according to commonly accepted valuation methods. Where securities or securities the acquisition of which is agreed on in an organised secondary market, the purchase price shall be the relevant market at the time and date of the transaction.

However, in the event that the technical services designated by the Director-General of the State Heritage or by the President or Director of the public body carrying out the acquisition shall estimate that the volume of negotiations A common market price may be proposed, in a reasoned manner, by the acquisition and determination of the price of the securities by another legally permissible method of acquisition or valuation.

When the acquisition of securities is intended to obtain the full ownership of property or part thereof by the State or its public bodies, the valuation of these units will require the execution of the valuation of the real estate.

Article 172. Constitution and dissolution of companies.

The rules of the previous article will also apply to the constitution or, in the cases provided for in the numbers 1. º, 3. º, 6. and 7. º of Article 260 of the Royal Decree of Law 1564/1989, of 22 of December, by which the recast text of the Law of Limited Societies, to the dissolution of societies by the General Administration of the State or its public bodies is approved.

The body competent to agree to the constitution or dissolution may authorise the transfer of property or property rights or determine the fate of the social existence of the company whose dissolution is agreed upon.

Article 173. Administering the securities titles.

1. It is up to the Ministry of Finance, through the General Directorate of the State Heritage, to exercise the rights that correspond to the General Administration of the State as a direct participant of commercial enterprises, whether or not they have the status of state-owned commercial companies. It is also up to the General Directorate of the State's Heritage to formalise, on behalf of the General Administration of the State, the acquisition or disposal of securities representing the capital.

2. The Ministry of Finance, by means of that Directorate-General, may give the representatives of the State capital on the boards of such undertakings the instructions it deems appropriate for the proper exercise of the rights inherent in the ownership of the actions.

3. The corresponding securities or deposit securities shall be kept at the Ministry of Finance.

Article 174. Competence for the disposal of securities representing capital.

1. The disposal by the General Administration of the State of securities representative of the capital of commercial companies shall be agreed by the Minister of Finance, subject to authorization, where appropriate, of the Council of Ministers in the cases referred to in paragraph 1. Article 169 of this Law.

2. In respect of securities which are the property of public bodies attached to or dependent on the General Administration of the State, they shall be competent to agree to their disposal by their directors or presidents, subject to the authorization of the Ministers or in the cases referred to in Article 169 of this Law.

Article 175. Procedure for the disposal of securities representing capital.

1. The disposal of securities representative of the capital of commercial companies that are of ownership of the General Administration of the State or its public bodies may be carried out on or outside organized secondary markets, compliance with the laws in force and through any legal acts or businesses.

2. In order to carry out such disposal, the representative capital values may be sold by the General Administration of the State or its public bodies, or may be provided or transmitted to a state mercantile company or public entity. business whose social object includes the holding, administration, acquisition and disposal of shares and units in commercial entities. A management agreement may also be concluded with a view to specifying the terms in which the State company may sell securities on behalf of the General Administration of the State or public bodies. The legal instruments of the sale to third parties of the securities shall be carried out in ordinary private traffic, either on the spot or at a deferred price when sufficient guarantees are provided for the deferral.

3. In the case of securities or securities which are listed on organised secondary markets, where the amount of the securities to be sold cannot be regarded as a genuine equity investment or represent a relevant interest in the capital of the public limited liability company, the Directorate-General of the State's Heritage or the public body responsible for the same, may dispose of them by way of a legally authorized financial intermediary. In this case, the commissions or fees of the transaction may be deducted from the gross result of the transaction, the net yield of the disposal being entered into the Treasury.

4. The amount of disposal shall be determined in accordance with the commonly accepted valuation methods. Where securities or securities whose disposal is agreed on in an organised secondary market, the disposal price shall be that corresponding to the value established by the market at the time and date of the operation.

However, in the event that the technical services designated by the Director General of the State Heritage or by the president or director of the public body carrying out the disposal shall estimate that the volume of the negotiations A common market price may be proposed, in a reasonable manner, by the disposal and determination of the price of the securities by another legally permissible method of acquisition or valuation.

5. Where the securities and securities which are intended to be used do not, in the case of secondary markets, be organised, or in the case provided for in the second subparagraph of paragraph 4 of this Article, the authority responsible for the authorisation of the disposal determine the sale procedure which will normally be carried out by tender or by auction. However, the competent authority may agree to the direct award where one of the following cases is present:

a) Existence of statutory limitations on the free transmissibility of shares, or the existence of preferential acquisition rights.

(b) Where the acquirer is any legal person governed by public or private law belonging to the public sector.

(c) Where an auction was declared to be deserted or failed as a result of the successful tenderer's failure to comply with its obligations. In this case, the direct sale must be made within one year of the conclusion of the auction, and its conditions may not differ from those advertised for the auction or those in which the award was made.

(d) Where the sale takes place in favour of the company itself in the cases and with the conditions and conditions laid down in Article 75 et seq. of Royal Decree-Law 1564/1989 of 22 December 1989 approving the recast text of the Law on Limited Companies, or when it is done in favor of another or other members in the society. In the latter case, the securities must be offered to the company to be distributed among the members concerned in the acquisition, in the proportional share corresponding to their participation in the share capital.

The price of the disposal shall be fixed by the competent authority to authorize the sale, without the amount of the sale being lower than the amount resulting from the valuation carried out by the General Directorate of the State's Heritage or, in the (a) the procedure laid down in the statutes of the company for the valuation of securities is laid down in paragraph (a).

6. The securities which the General Administration of the State or its public bodies transmit or provide to a State company for the purposes referred to in paragraph 2 of this Article shall be recorded in the accounts of that State company to the net value the accounting officer who appears in the accounts of the transfer, without application of the provisions of Article 38 of the Royal Legislative Decree 1564/1989, of 22 December 1989, approving the recast of the Law on Companies.

CHAPTER II

Special provisions for the companies referred to in Article 166.2 of this Law

Article 176. Ministry of guardianship.

1. By authorizing the formation of a company provided for in Article 166.2 of this Law, the Council of Ministers may assign to a ministry whose powers are specific to the social object of the company, the protection of the functional of the same.

2. In the absence of such express attribution it will be entirely up to the Ministry of Finance to exercise the powers that this law grants for the supervision of the activity of the company.

Article 177. Relations of the General Administration of the State with the companies referred to in Article 166.2 of this Law.

1. Without prejudice to the powers of control corresponding to the General Intervention of the State Administration, the Ministry of Protection shall exercise the functional and effective control of the companies provided for in Article 166.2 of this Law and will be responsible for giving account to the General Courts of their actions, in the field of their competence.

2. The Ministry of Protection shall instruct the company in relation to the strategic lines of action and establish the priorities in the implementation thereof, and propose its incorporation into the Budgets of Exploitation and Capital and Programs of Action. Multiannual, after conformity, in respect of its financial aspects, of the Directorate-General of State Heritage, in the case of companies whose capital is wholly applicable to the General Administration of the State, or to the public body which be the holder of your capital.

3. The General Directorate of the State's Heritage, in the case of companies whose capital corresponds in their entirety to the General Administration of the State, or the public body holding its capital shall establish the control systems that permit the adequate financial supervision of these companies.

4. For those companies where it is necessary to define a budgetary, financial and performance scenario in the medium term, the framework for relations with the General Administration of the State shall preferably be established on the basis of an agreement or Article 91 of the Royal Decree-Law No 1091/1988 of 23 September, approving the recast text of the General Budget Law, at the initiative of the Ministry of Protection or the Directorate-General of the State's Heritage, in the case of companies of the General Administration of the State, or a public body that holds its capital.

Article 178. Instructions.

1. In exceptional cases, duly justified, the Minister to whom his or her protection is responsible may give instructions to the companies provided for in Article 166.2 to carry out certain activities, where it is in the public interest execution.

2. When the instructions given by the ministry of protection imply a variation of the Quotes de Exploitation and Capital in accordance with the provisions of the Royal Decree of Law No 1091/1988 of 23 September, approving the text recast of the General Budget Law, the administrative body may not initiate the completion of the instruction without the authorization of the competent authority to carry out the appropriate modification.

Article 179. Responsibility.

The directors of the companies to whom instructions have been given in the terms provided for in the preceding article shall act diligently for their execution, and shall be exempt from the liability provided for in the Article 133 of Royal Decree-Law 1564/1989 of 22 December 1989 approving the recast text of the Law on Companies, if compliance with those instructions would result in harmful consequences.

Article 180. Administrators.

1. The Minister to which the protection of the company corresponds shall propose to the Minister of Finance or the public body represented in its General Meeting, the appointment of a number of directors representing at most, within the number of directors to determine the statutes, the proportion that the Council of Ministers establishes when it agrees to the provisions of Article 169.d) of this law.

2. The directors of the companies provided for in Article 166.2 shall not be affected by the prohibition laid down in the second indent of Article 124 of Royal Decree-Law 1564/1989 of 22 December 1989 approving the recast of the Companies Act.

3. Companies which, in accordance with the applicable rules, are required to submit their accounts to audit, shall constitute a Board-dependent Audit and Control Committee with the composition and functions to be determined.

Article 181. Chairman and Chief Executive Officer.

1. The appointments of the chairman of the board of directors and of the executive officer or equivalent post of the maximum executive level of the company shall be made by the management board, on the proposal of the minister of protection.

2. The posts of president or chief executive of the company shall be considered by the General Administration of the State for the purposes provided for in Law 12/1995 of 11 May of Incompatibilities and the exercise of its functions. shall be incompatible with the development of any other public office of the statements referred to in Article 1 (2) of that law.

Article 182. Specialties in non-cash contributions.

In the case of non-cash contributions made by the General Administration of the State or its public bodies to the companies provided for in Article 166.2 of this Law, the independent experts ' report shall not be required. Article 38 of the Royal Decree of Law 1564/1989 of 22 December 1989, approving the recast of the Law of Companies, which will be replaced by the assessment provided for in Article 114 of this Law.

TITLE VIII

Interadministrative relationships

CHAPTER I

General rules

Article 183. Principles of relations between public administrations.

The public administrations will adjust their mutual relations in heritage matters to the principle of institutional loyalty, observing the obligations of mutual information, cooperation, assistance and respect for the respective ones. powers, and in its exercise the weight of the public interest involved.

Article 184. Heritage Policy Sectoral Conference.

As an organ of cooperation and coordination between the General Administration of the State and the autonomous communities in heritage matters, the Sectoral Conference on Heritage Policy, to be convened by the Minister of State, is created. Hacienda.

Article 185. Initiative of the Administrations for the management of public goods.

In the context of the relations of cooperation and coordination, and in relation to certain goods, the various public administrations may ask the competent authorities of the administrations to hold the same adoption, with respect to these, of how many acts of patrimonial management, such as affectations, disaffection, demanial mutations, subscriptions or disqualifications, that they consider can contribute to the full development and effectiveness of the principles listed in Articles 6, 8 and 183 of this Law.

CHAPTER II

Conventions between Public Administrations

Article 186. Heritage and town planning conventions.

The General Administration of the State and the public bodies attached to it or dependent on it may conclude agreements with other public administrations or with legal persons governed by public or private law belonging to the public sector, in order to order the relations of a patrimonial and urban character between them in a certain field or to carry out actions covered by this law in relation to the goods and rights of their respective heritages.

Article 187. Freedom of stipulations.

1. The conventions referred to in the preceding Article may contain as many provisions as may be necessary or appropriate for the management of the property and development relations between the interveners, provided they are not contrary to the public interest, the legal system, or the principles of good administration.

2. Agreements may be limited to the collection of commitments for future action by the parties, in order to review the nature of framework agreements or general protocols, or to provide for specific and determined operations, in which case they may be immediately executive and mandatory for the parties.

3. In the case of immediately enforceable and compulsory conventions, all the operations referred to therein are considered as being integrated into a single complex business. Its conclusion will require the prior report of the State Advocate and the fulfillment of the procedures laid down in Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and in Royal Decree No 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law and the other procedural requirements laid down for the property operations which it provides for. Once signed, they will constitute sufficient title to register in the Land Registry or other records the operations contemplated in them.

Article 188. Competence.

1. In the field of the General Administration of the State, it shall be competent to conclude the agreements referred to in the previous articles by the Minister of Finance, on a proposal from the General Directorate of the State Heritage, and with the authorization of the Council of Ministers in cases where it is necessary.

2. The holders of the ministerial departments may conclude agreements for the management of the powers that correspond to them on the goods they have been affected, subject to a favourable report by the Minister of Finance.

3. In the case of public bodies connected with or dependent on the General Administration of the State, they shall be competent bodies to conclude the agreements expressed by their presidents or directors, subject to prior notification to the Director-General of the State heritage. Such communication shall not be necessary in the case of public bodies whose assets are exempt from incorporation in accordance with Article 80 (2) of this law.

CHAPTER III

Urban arrangements and management of public goods

Article 189. Communication of urban actions.

1. Without prejudice to the publications which are required, the initial approval, the provisional approval and the definitive instrument of planning for urban planning affecting public property must be notified to the administration of the the same. In the case of assets held by the General Administration of the State, the notification shall be made to the Economy and Finance Delegate of the province in which it radiuses the good.

2. The time-limits for making claims or bringing proceedings against acts to be notified shall begin to be counted from the date of notification.

3. It shall be for the secretaries of the local authorities to make the notifications provided for in this Article.

Article 190. Execution of the planning.

1. Notaries may not authorize the granting of public deeds to the formation of clearing boards or other collaborating urbanistic entities without prior to the granting of such documents to them that the entire area The Commission has been fully identified in the implementation unit as to the ownership of the farms that make up the unit, or that the relevant Economic and Finance Delegation has been notified of the existence of land Unknown or uncredited entitlement. Ownership shall be deemed to be identified in respect of farms classified as litigious, provided that evidence of the domain is provided.

2. Disposals and other property operations on assets and property rights of the State arising from the execution of the planning shall be governed by the provisions of the urban legislation, with strict application of the principle of balance of benefits and charges. They shall be competent bodies to agree to them as provided for in this law for the property operation concerned.

Article 191. Urban regime of the affected buildings.

1. Where the buildings of the State Heritage are no longer affected by public use or service, an assessment shall be carried out which shall consist of the value of the land calculated in accordance with the rules laid down in Law 6/1998 of 13 April, on Soil Regime and Valorations, and on the value of existing buildings.

2. The resulting value will serve as a basis for the acquisition of these buildings by means of equivalent consideration to other public administrations. The criteria used to fix these consideration may be taken into account in the provisions of Article 8 (2) of this Law.

3. The General Administration of the State or the public bodies holding the goods shall inform the urban authorities of the disaffection of these buildings for the purposes of granting them the new the appropriate urban rating. This decision, which must respect the principle of equal distribution of benefits and charges laid down in Article 5 of Law 6/1998 of 13 April 1998 on the Soil and Valorations Regime, will be consistent with the municipal urban policy, with the the size and location of the buildings, and any other relevant circumstances that may arise on them.

4. In the event that the uses allowed in the affected buildings determine their exclusive use by another public administration, it shall be agreed with the General Administration of the State or the public body which has affected the terms for their procurement, based on the estimated compensation as provided for in paragraph 1 of this Article, without prejudice to the provisions of Section 5 of Chapter V of Title V of this Act.

5. Two years after the notification of the disaffection, without the development of the urban planning granted to the affected buildings the new qualification corresponding to the provisions of paragraph 3 of this Article Article, the relevant city council will be responsible for its custody and maintenance.

6. In any event, if the time limit laid down by the applicable urban legislation to urge the expropriation by law ministry elapses, without the urban planning having granted a new qualification to the affected goods, the General Administration of the State or the public body shall warn the municipal administration of its intention to commence the case file, which shall be initiated in the manner provided for in that legislation.

TITLE IX

Sanctioning Regime

CHAPTER I

Violations and penalties

Article 192. Violations.

1. These are very serious violations:

(a) The production of damage to public domain goods, when their amount exceeds the amount of one million euro.

b) The usurpation of public domain goods.

2. These are serious violations:

(a) Production of damage to public domain goods, where the amount exceeds the amount of EUR 10,000 and does not exceed EUR 1,000,000.

(b) The performance of works, works or other activities not authorized in public domain goods, when they produce irreversible alterations in them.

c) The retention of public domain assets after the title that legitimizes their occupation is extinguished.

d) Special or proprietary common use of public domain goods without the corresponding authorization or grant.

e) The use of public domain goods subject to grant or authorization without being subject to their content or for purposes other than those that motivated them.

(f) Actions on goods affected by a public service that impede or seriously impede the normal provision of that service.

g) Failure to communicate the existence of abandoned balances and deposits, in accordance with Article 18 of this Act.

h) Failure to comply with the cooperation and cooperation obligations set out in Articles 61 and 63 of this Law.

i) The use of goods transferred free of charge in accordance with the rules of Section 5. of Chapter V of Title V of this Law for purposes other than those provided for in the agreement on assignment.

3. They are minor infractions:

(a) The production of damage to public domain goods, where the amount does not exceed EUR 10,000.

(b) Failure to comply with the provisions governing the use of goods intended for public service by users of the goods.

c) Non-compliance with the provisions governing the general common use of public domain goods.

d) Failure to comply with the duty of concession holders or authorizations to preserve public domain goods in good condition.

e) Failure to comply with the collaborative duties provided for in Article 62 of this Law.

f) Any other non-compliance with the obligations set out in this law.

Article 193. Penalties.

1. The very serious infringements will be sanctioned with a fine of up to 10 million euros, the serious ones with a fine of up to one million euros, and the mild ones with a fine of up to a hundred thousand euros.

The infringement referred to in paragraph 2 (g) of the previous Article shall be punishable by a fine of up to EUR 10 per day of delay in the performance of the obligation to communicate the existence of the balances and deposits. abandoned, to be counted from the thirtieth calendar day after the one in which that obligation is born.

To graduate the amount of the fine, the amount of damages caused, the value of the goods or rights affected, the reiteration by the person responsible, and the degree of guilt of the person shall be considered. mitigating circumstances, which will allow the amount of the fine to be reduced by up to half, the correction by the offender of the situation created by the commission of the offence within the time limit specified in the relevant requirement.

2. In the event of a recurrence of serious or very serious infringements, the offender may be declared to be disabled in order to be the holder of authorisations and concessions for a period of one to three years.

3. Irrespective of the penalties which may be imposed on him, the infringer shall be obliged to refund and replace the goods to his previous state, with the compensation of the irreparable damage and damage caused, within the period prescribed in each case is set out in the appropriate resolution. The amount of these allowances shall be determined by the competent authority to impose the penalty.

Article 194. Prescription.

1. Very serious infractions will be prescribed at age three, severe to two years and mild to six months.

The penalties imposed for very serious misconduct will be prescribed at three years, those imposed for serious misconduct at two years and those imposed for minor faults a year.

2. The calculation of these periods shall be carried out in accordance with the provisions of Article 132 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

CHAPTER II

procedural rules

Article 195. Competent bodies.

1. Pecuniary sanctions, the amount of which exceeds EUR 1 million, shall be imposed by the Council of Ministers.

2. It is for the Minister of Finance to impose the penalties for the offences referred to in Article 192 (2) (g), (h) and (i) and in paragraph 3 (e) of the same Article where they relate to goods and services. rights of the General Administration of the State.

3. They shall be competent to impose the penalties corresponding to the remaining infringements by the Ministers holding the departments to which the goods or rights are concerned, and the presidents or directors of the public bodies which are their holders or have them attached to them.

Article 196. Sanctioning procedure.

For the imposition of the sanctions provided for in this title, the procedure provided for in the Rules of Procedure for the exercise of the sanctioning authority, approved by Royal Decree 1398/1993 of 4 August, will be followed.

Article 197. Enforcement of the sanctions.

1. The amount of the penalties and the fulfilment of the obligations arising from the liabilities incurred may be required by the procedures for enforcement provided for in Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

2. The periodic penalty payments imposed for enforcement shall not exceed 20% of the penalty imposed or the obligation incurred by liability, and shall not be repeated within a period of less than eight days.

Additional disposition first. Patrimonial regime of the constitutional organs of the State.

The affectation of state assets and rights to the constitutional organs of the state, as well as their disaffection, administration and use, will be governed by the rules established in this law for the departments of the State. ministerial.

Additional provision second. Legal regime of the accumulated trade union heritage.

The wealth management regime of the assets that make up the accumulated union heritage will be regulated in Law 4/1986, of January 8, and other complementary legal norms, applying this law and its norms of development in everything not foreseen by them.

Additional provision third. Legal status of the Social Security Heritage.

1. The Heritage of Social Security shall be governed by its specific legislation, with the application of this law. Notwithstanding the foregoing, the provisions of Title IX thereof shall be of direct application, but the competent bodies for imposing the penalties shall be as follows:

(a) The Council of Ministers, the financial penalties the amount of which exceeds EUR 1 million.

(b) The Minister of Labour and Social Affairs, the penalties corresponding to the offences referred to in Article 191 (2) (h) and (i), and in paragraph 3 (e) of this Article.

(c) The Director General of the General Treasury of Social Security, the penalties for the remaining infringements.

2. The inventory of the assets and rights that make up the Social Security Heritage will be carried out in a way that can be consolidated with the General Inventory of Goods and Rights of the State.

Additional provision fourth. Legal status of the National Heritage.

The legal regime of the National Heritage will be established in Law 23/1982 of 16 June and Regulation for its implementation, approved by Royal Decree 496/1987, of March 18, and supplementary provisions, applying with (a) the provisions of this law and its implementing rules, to which the body "National Heritage Management Board" must comply with the management regime of its own property.

Additional provision fifth. Patrimonial arrangements for certain public bodies.

1. The patrimonial regime of the public bodies referred to in the additional provisions of the ninth and tenth of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, of the public authority Ports the State and the Harbour Authorities, shall be subject to the provisions of this law, being considered integrated in the State Heritage the patrimony of these organisms, in the terms provided for in article 9 of this law.

2. The patrimonial regime of the Instituto Cervantes will be governed by the provisions of Law 7/1991, of March 21, and in the Regulation of the Institute approved by Royal Decree 1526/1999, of October 1, the references made in this rule is provided for in Article 48 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State to the corresponding provisions of this law.

Additional provision sixth. Patrimonial regime of the Institute for Housing of the Armed Forces.

The patrimonial regime of the Institute for the Housing of the Armed Forces will be governed by its special regulations, with this law being applicable.

Additional provision seventh. Goods affected to the Ministry of Defense and Armed Forces.

1. The legal system of the autonomous agency "Management of Infrastructure and Equipment of Defense" will be governed by its special regulations, applying this law. However, the validity of the special arrangements for the management of immovable property affected by the Ministry of Defence established by the regulatory standards of the body shall be extinguished after 15 years after the entry into force of this law.

2. The disposal of movable property and defense products affected by the use of the Armed Forces shall be governed by its special legislation, applying the provisions of this law and its implementing rules.

Additional disposition octave. Goods affected to the Ministry of the Interior.

The wealth management of the autonomous agency "Management of Infrastructure and Equipment of State Security" will be in accordance with its special regulations, with the application of this law. However, the validity of the special arrangements for the management of immovable property affected by the Ministry of the Interior laid down in the regulatory rules of the body shall be extinguished after 15 years after the entry into force of this law.

Additional provision ninth. Commission for Financial Coordination of Real Estate and Heritage Actions.

1. As a higher collegiate body for the coordination in heritage matters, the Commission for the Financial Coordination of Real Estate and Heritage Actions is created.

2. The Commission shall be composed of the following members:

President: First Vice President of the Government and Minister of Economy.

Vice President: the Minister of Finance.

Vocal: the Secretary of State for Budgets and Expenditure, the Secretary of State for Defence, the Secretary of State for Security, the Secretary of State for Infrastructure, the Secretary of State for Social Security, the Undersecretary for Foreign Affairs, Deputy Minister of Finance, Assistant Secretary for Public Administration, Assistant Secretary for Economic Affairs, Director General of Housing, Architecture and Urbanism, and the President of the State Society of Industrial Shares.

Secretary: the Director General of State Heritage.

3. When dealing with matters affecting a number of departments, the Secretary-General of the Presidency shall attend the meetings. Also, those senior positions that are considered appropriate for the issues to be addressed may be called.

4. The Executive Secretariat of the Commission shall be in charge of a Deputy Director-General or equivalent level official of the Directorate-General for State Heritage.

Additional provision 10th. Legal regime of the "State Property Management Company of Heritage, Limited Company".

1. The "Sociedad Estatal de Gestión Inmobiliaria de Patrimonio, Sociedad Anonima" (SEGIPSA), whose social capital must be publicly owned, will have the consideration of its own instruments and technical service of the General Administration of the State and its bodies and entities governed by public law for the management, administration, operation, maintenance and conservation, surveillance, research, inventory, regularization, improvement and optimization, valuation, valuation, acquisition and the disposal of the goods and rights which are or are likely to be incorporated into the State patrimony or other public assets, as well as for the construction and reform of property or administrative buildings.

2. By virtue of that nature, SEGIPSA will be obliged to carry out the works, services, studies, projects, technical assistance, works and the number of actions directly entrusted to it by the General Administration of the State and its agencies and entities. public law, in the form laid down in this provision. The performance of SEGIPSA may not result in the exercise of administrative powers.

3. The entrustment or commission, which in its granting and execution shall be governed exclusively by the provisions of this provision, shall establish the form, terms and conditions of performance of the works, which shall be carried out by SEGIPSA with the freedom of compacts. and subject to private law, it may be laid down in that order that SEGIPSA acts in the name and on behalf of the person who carries out the order, which may, at all times, supervise the proper performance of the object of the charge. Where it is intended to dispose of goods, it shall determine the form of award of the contract, and may allow for direct award in the cases provided for in this law. In the event that its grant corresponds to an organ other than the Minister of Finance, it will require the prior favorable report of the Director General of the State Heritage.

4. The amount to be paid for the works, services, studies, projects and other actions carried out through SEGIPSA shall be determined by applying to the units executed the rates that have been approved by resolution of the Undersecretary of Finance, on a proposal from the General Directorate of State Heritage. Those tariffs shall be calculated in such a way as to represent the actual costs of completion. The compensation to be paid in cases where there is no fee shall also be established by a decision of the Deputy Minister of Finance.

The payment, which shall be considered as an investment, shall be made after certification of conformity issued by the body which has entrusted the work.

5. In respect of the matters referred to in paragraph 1 of this additional provision, SEGIPSA may not participate in the procedures for the award of contracts convened by the Administration, bodies or entities of which it is its own. However, where no tenderer is present, the activity under public tender may be entrusted to SEGIPSA.

6. The contracts of works, supplies, consultancy and assistance and services that SEGIPSA must arrange for the execution of the activities that are expressed in paragraph 1 of this additional provision, will be subject to the requirements of the Royal Legislative Decree 2/2000 of 16 June 2000 approving the recast of the Law on Public Administration Contracts, relating to advertising, tendering procedures and forms of award, provided that the amount of the contracts equal or exceed the amounts set out in Articles 135.1, 177.2 and 203.2 of that law.

The Minister of Finance shall resolve any claims against the acts of preparation and award of these contracts, shall take the precautionary measures and shall determine, where appropriate, the relevant compensation, and its decisions may be challenged before the judicial-administrative jurisdiction in accordance with Article 2 (b) of Law 29/1998 of July 13, Regulatory Jurisdiction-Administrative Jurisdiction.

7. The above numbers will also apply to the Ministry of Labour and Social Affairs in respect of the accumulated trade union heritage and the Social Security's Management and Common Services Entities.

8. The Minister of Finance may agree on the delimitation of areas of integral management relating to assets and rights of the State's Heritage for execution through SEGIPSA, which may include the realization of any planned actions. in this law. These actions shall be entrusted to it in accordance with the procedure laid down in the preceding paragraphs.

9. Likewise SEGIPSA will have the consideration of own instrumental and technical service for the realization of the works of formation and maintenance of the Real Catastro that correspond to the General Direction of the Catastro under the Law 48/2002 of 23 December of the Catastro Inmobiliario, which shall be entrusted and carried out in accordance with the provisions of this provision.

10. In order to carry out the work entrusted to you in accordance with this provision, SEGIPSA may obtain from the General Directorate of the Catastro, in the terms provided for in Article 64 of this Law, the information available to you in relationship to the goods or rights which are the subject of the actions entrusted to it, without the consent of the persons concerned being required.

Additional provision eleventh. Update of quantis.

The amounts of the pecuniary sanctions regulated in this law and those established, by reason of the value of the goods and rights, for the attribution of assets of wealth management, may be modified by the laws of General Budget of the State.

Additional disposition twelfth. Subrogation of the user for insurance and civil liability contracts.

The affectation, assignment or assignment of the use of a property of the State Heritage shall imply, in relation to the insurance contracts that in their case have been subscribed on the good, the application of the provisions in the articles 34 and 35 of Law 8/1980, of 8 October, of a Contract of Insurance and will entail the assumption by those in whose favor the referring operations of the civil liability that could be derived from the ownership of the building are carried out.

Additional disposition thirteenth. Official dwellings.

State Heritage buildings used as official housing will have the consideration of demanial assets.

Additional disposition fourteenth. Property of the Spanish Historical Heritage.

1. Assets belonging to the State Heritage that have the consideration of Spanish Historical Heritage assets will be included in the General Inventory, and will be governed by this law and its implementing rules, without prejudice to the provisions of the established in their special legislation.

2. For the adoption of decisions of a patrimonial nature in relation to these goods, the report of the Ministry of Education, Culture and Sport will be mandatory.

Additional provision 15th. Special management systems.

1. The acquisition, disposal and administration of the goods may be entrusted to public or private companies or entities, selected in the form provided for by the Royal Legislative Decree 2/2000 of 16 June, approving the Recast of the Law on Public Administrations Contracts.

Any actions involving the exercise of administrative powers shall be excluded from the entrustment.

2. In the case of the disposal of goods, it may be provided that the company to whom the management is entrusted shall forward all or part of the price fixed for the sale, subject to the liquidation that comes at the time the transaction is consumed.

3. In the form provided for in this law for the relevant business, framework agreements may be concluded in which the conditions governing the specific transactions for the acquisition, disposal or lease of goods to be provided are determined. perform for a given period of time. The property operations carried out under the framework agreement shall not be subject to the formalities already completed upon completion of the framework agreement.

Additional provision sixteenth. Reports from the General Directorate of State Heritage.

The General Directorate of the State Heritage will inform preceptively the bills and the draft general provisions that affect the regulation of the management of the State's Heritage or involve the redistribution of heritage masses among various agents linked to the General Administration of the State.

Additional 17th disposition. Goods seized by illicit drug trafficking and other related crimes.

The assets seized and awarded to the State by virtue of a firm judicial judgment, in accordance with Article 374 of the Organic Law 10/1995 of 23 November, of the Penal Code, will be governed, in the first place, by the specific rules governing the fund of assets seized by illicit drug trafficking and other related crimes and, in an extra way, by this law and its implementing rules.

18th additional disposition. Management of the financial and material investment portfolio of certain public bodies.

The provisions of this law shall not apply to the acquisition, administration and disposal of the assets that make up the financial and material investment portfolio of those public bodies which, by legal mandate, are required to provide technical provisions and other reserves of a mandatory nature.

Additional 19th disposition. Management of the Heritage of Housing.

The dwellings and, in general, the state owned real estate that would have been part of the estate of the extinct Institute for Public Promotion of Housing and the Liquidating Commission of Devastated Regions, as well as those that in compliance with the annual programs of public promotion of housing are constructed by the State, will continue to be governed by its specific norms and, in addition, by this law.

In particular, they shall correspond to the Directorate General of Housing, Architecture and Urbanism, subject to the aforementioned rules, the powers of management and disposal of such goods, including those of enajenar, lease, establish and cancel mortgages and other charges on the same and, in general, all those that correspond to the extinct Institute for the Promotion of Housing, except for the perception of income, which will be governed by the same rules as apply to the remaining income of the State.

320th additional disposition. Estate regime of SEPES.

The patrimonial regime of the Land Business Entity (SEPES) shall be governed by its rules of creation or organization and operation. The provisions of this law shall apply to the provisions of this law.

Additional twenty first disposition. Assets of certain public entities.

The assets of business public entities and other similar entities that are affected by the coverage of provisions or other reserves that are obligated to the State shall not be construed as State Heritage. constitute or have specific functionalities according to the regulatory legislation of the public entity concerned.

Additional twenty-second disposition. Arrangements for the incorporation of goods into certain public bodies.

The regime provided for in Article 80.3 of this law will apply to the public bodies Ports of the State and Port Authorities, General Mutuality of Civil Servants of the State, Mutual General Judicial, Institute Social of the Armed Forces and Commonwealth of the Taibilla Channels.

First transient disposition. Transitional arrangements for existing demanial concessions.

The demanial concessions granted prior to the validity of this law, and the duration of which is longer than that provided for in Article 93 thereof, shall remain in force for the period laid down in its grant, without that the duration of the same period may be extended.

Second transient disposition. Applicability of article 21.4 of this law to donations made prior to the entry into force of this Law.

The provision of Article 21.4 of this Law shall take effect with respect to the free provisions of goods or rights in favour of public administrations which have been perfected before the entry into force of this law, provided that the corresponding recall action had not been previously exercised.

Transitional provision third. Transitional arrangements for the property files.

The property records that are being processed will be governed by this law from its entry into force. The acts of processing dictated under the previous legislation and under its validity shall retain their validity, provided that their maintenance does not have an effect contrary to this law.

Transitional disposition fourth. Transitional regime of the State Society of Industrial Participations.

Within one year of the entry into force of this law, the Government will present to the General Courts a bill for the adaptation of the legal regime of the State Society of Industrial Participations to the concepts and principles laid down in this law, without prejudice to their specialties, and thus be regulated by their current rules.

Transient disposition fifth. Registration in the Land Registry of the Demanial Goods.

In order to comply with the registration obligation set out in Article 36 of this Law in respect of the demanial assets of which the public administrations are currently holding, these will have a period of five years, counted from the entry into force of this law.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they contradict or are incompatible with the provisions of this law, and in particular the following:

(a) Law 89/1962, of 24 December, of State Heritage Bases, and its Articulated Text, approved by Decree 1022/1964, of 15 April.

(b) The second provision of Law 53/1999 of 28 December 1999 amending Law No 13/1995 of 18 May 1995 on Public Administration Contracts.

Final disposition first. Amendment of Articles 48 and 56 and additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

1. Article 48 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State is worded as follows:

" Article 48. Heritage of the Autonomous Bodies.

The patrimonial regime of the Autonomous Bodies will be established in the Law of the Heritage of Public Administrations. "

2. Article 56 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State is worded as follows:

" Article 56. The assets of the business public entities.

The patrimonial regime of business public entities will be established in the Law of the Heritage of Public Administrations. "

3. The additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State is worded as follows:

" Additional Disposition 12th. State-owned commercial companies.

1. State-owned commercial companies shall be governed in full, irrespective of their legal form, by the private legal system, except in the areas in which the budgetary, accounting, patrimonial, control and control rules apply to them. finance and procurement. In no case may they have any powers involving the exercise of public authority.

2. State-owned commercial companies, in the form of a public limited liability company, the capital of which is wholly owned, directly or indirectly, by the General Administration of the State or its public bodies, shall be governed by Title VII of the Law of The assets of the public authorities and the private legal system, except in the areas in which the budgetary, accounting, financial control and procurement rules apply to them. '

Final disposition second. Competitive titles.

1. The following provisions of this law are given in accordance with Article 149.1.6. of the Constitution, and are generally applicable in Article 43 and Article 110 (3).

2. The following provisions of this law are issued pursuant to Article 149.1.8. of the Constitution, and are of general application, without prejudice to the provisions of civil or special civil rights, where they exist: Article 4; Article 5, paragraphs 1, 2 and 4; Article 7 (1); Article 15; Article 17; Article 18; Article 20 (2) and (3); Article 22; Article 23; Article 30 (1) and (2); Article 37 (1), (2) and (3); Article 38 (1) and (2); Article 39; Article 40; Article 49; Article 53; Article 83 (1); Article 97; Article 98; and Article 99 (1).

3. The additional provision of this Law is issued under the jurisdiction conferred on the State by Article 149.1.17. of the Constitution on the "Economic Regime of Social Security", and is generally applicable.

4. Article 24 (1), (2) and (3) of this Law are issued under the jurisdiction conferred on the State by Article 149.1.18. of the Constitution on the "laws of compulsory expropriation", and is of general application.

5. They have the character of basic legislation, in accordance with the provisions of Article 149.1.18. of the Constitution, the following provisions of this law: Article 1; Article 2; Article 3; Article 6; Article 8 (1); Article 27; 28; Article 29 (2); Article 32 (1) and (4); Article 36 (1); Article 41; Article 42; Article 44; Article 45; Article 50; Article 55; Article 58; Article 61; Article 62; Article 84; Article 91 (4); Article 92 paragraphs 1, 2 and 4; Article 93 (1), (2), (3) and (4); Article 94; Article 97; Article 98; Article 100; Article 101 (1), (3) and (4); Article 102 (2) and (3); Article 103 (1) and (3); Article 106 (1); Article 107 (1); Article 109 (3); Article 121 (4); Article 183; Article 184; Article 189; Article 190; Article 191; first transitional provision, paragraph 1; transitional provision fifth.

Final disposition third. Basic character of the development rules.

The rules that are enacted in the development of this law may be of a basic nature when they constitute the necessary complement of articles which have been assigned such a character in accordance with the provisions of the final provision second of this law and thus be pointed out in the development standard itself.

Final disposition fourth. Management powers for public domain goods.

1. Ministerial departments and public bodies to which the management and administration of the state public domain of roads, railways, airports, ports, mountains, waters, mines, land-land area, public domain Radio and other special administrative properties shall exercise the powers laid down in their specific legislation.

2. Where the administration and management of the goods referred to in the preceding paragraph is attributed to a public enterprise which has the authority to dispose of it, or to the public bodies Ports of the State and Port Authorities, the disaffection of the same shall be communicated to the Director General of the State Heritage.

Final disposition fifth. Enabling regulatory development.

1. The Council of Ministers may lay down the rules and general provisions necessary for the development and application of this law. Likewise, by royal decree the specialties of the patrimonial legal system of the computer goods will be regulated.

2. The Minister of Finance is authorized to regulate procedures and systems that allow the application of electronic, computer and telematic means to the management of assets and to the protection and defense of the State Heritage.

Final disposition sixth. Entry into force.

This law shall enter into force three months after its publication in the "Official State Gazette".

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 3 November 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ