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Royal Decree 1690 / 1986, Of 11 July, Which Approves The Regulation Of Population And Territorial Demarcation Of The Local Entities.

Original Language Title: Real Decreto 1690/1986, de 11 de julio, por el que se aprueba el Reglamento de Población y Demarcación Territorial de las Entidades Locales.

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TEXT

The final provision of Law 7/1985, of April 2, regulating the Bases of the Local Regime establishes that the Government will proceed to update and to accommodate the provisions of the same regulations that continue in particular, inter alia, the Population and Territorial Demarcation Regulation of Local Entities, approved by Decree of 17 May 1952, with the amendments that it has been the subject of subsequent provisions.

In compliance with this mandate, the new Regulation has been drafted.

In its virtue, on the proposal of the Minister of Territorial Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 11, 1986,

DISPONGO:

Single item.

The Population and Territorial Demarcation Regulation of Local Entities is approved, the text of which is inserted below.

Given in Madrid on July 11, 1986.

JOHN CARLOS R.

The Minister of Territorial Administration,

FELIX PONS IRAZAZABAL

POPULATION REGULATION AND TERRITORIAL DEMARCATION OF LOCAL ENTITIES

TITLE FIRST

From Territory

Article 1. º

1. The municipal term is the territory in which the City Council exercises its powers.

2. Each municipality shall belong to a single province.

3. The municipal term consists of continuous territories, but the situations of discontinuity that are currently recognized may be maintained.

4. It is the competence of the City Council to divide the municipal term into districts and neighborhoods and the variations thereof.

CHAPTER FIRST

Alterations to municipal terms

Art. 2. º

Municipal terms may be altered:

First. -By incorporating one or more municipalities to another or other borders.

Second. -By merger of two or more bordering municipalities.

Third. -By segregation of part of the territory of one or more municipalities to constitute another independent.

Fourth. -By segregation of part of the territory of a municipality to add it to another border.

Art. 3. º

The creation of new municipalities can only be carried out on the basis of territorially differentiated population centers and provided that the resulting municipalities have sufficient resources for the implementation of the Municipal competencies and do not imply a decrease in the quality of the services that were being provided.

Art. 4. º

1. The incorporation of one or more municipalities to another border or other border may be agreed upon when there are economic or administrative needs or convenience, or the improvement of the management capacity of local public affairs is required.

2. The incorporation will involve the annexation of the term or municipal terms to another municipality, in which the personality of the incorporated municipalities will be integrated to all the effects.

3. The reasons for the incorporation agreement shall be entered in the file which the effect of which is instructed.

Art. 5. º

1. The merger of neighbouring municipalities in order to constitute a new one can be carried out:

(a) When separately lacking sufficient resources to meet the minimum services required by the Law.

b) When, as a consequence of the urban development, their urban centres are confused, without any solution to this effect, the parks, gardens, walks, avenues, sports fields and residential areas may exist among those.

(c) Where there are significant reasons for economic or administrative necessity or convenience.

2. Without prejudice to the powers of the Autonomous Communities, the State may, on the basis of geographical, social, economic and cultural criteria, lay down measures to promote the merger of municipalities in order to improve capacity management of local public affairs.

Art. 6. º

1. New municipalities may be established by segregation on the territory of another or others, where there are permanent grounds of public interest, relating to internal colonization, mine exploitation, installation of new industries, establishment of irrigation, public works and other analogues.

2. It will be necessary for the new municipalities to meet the conditions laid down in Article 3 and that the municipalities of which the relevant parties are segmented are not deprived of these conditions.

Art. 7. º

The segregation of part of the territory of a municipality to add to another border may be carried out by the causes referred to in paragraphs (b) and (c) of Article

.

Art. 8. º

1. Partial segregation shall take with it, in addition to the division of the territory, that of the goods, rights and shares, debts and charges, according to the number of inhabitants and the taxable wealth corresponding to the nucleus in question, which shall be practiced together.

2. The segregation of part of a municipality cannot be carried out:

(a) Where the conditions required by Article 3. are to be private for the creation of municipalities with it.

(b) Where the core or town concerned is linked by street or urban area to another original municipality.

Art. 9. º

1. The initiation of cases of alteration of municipal terms may be imposed by the competent authority of the Autonomous Community in this field, either on its own initiative or at the request of:

a) Cuarqué de los Ayquestas interested.

b) The respective Provincial Diputations.

c) The State Administration, through the Government Delegate.

(d) Other bodies of the Autonomous Community which, by reason of their respective powers, consider the alteration to be appropriate.

2. The file shall be heard, the municipalities and other Local Authorities concerned shall be heard within one month and shall then be referred to the Council of State or the higher advisory body of the Governing Council for their opinion. the Autonomous Community, if any.

Art. 10.

1. Changes in municipal terms may also be dealt with on a voluntary basis by interested parties.

2. In such a case, the file shall be initiated by agreements of the respective Councils, adopted with a favourable vote of two-thirds of the number in fact and, in any case, of the absolute majority of the legal number of members of the Corporation.

3. Upon completion of the dossier, such agreements shall be subject to public information for a period of not less than 30 days.

4. After the period of public information, the Councils will adopt a new agreement, with the same majority as in the agreement of initiation, in which it will be resolved on the origin of the alteration and, if necessary, on the complaints submitted.

5. If the agreements are favourable to the alteration, the file shall be submitted to the competent authority of the Autonomous Community which, with its report, shall forward it for an opinion to the Council of State or to the higher advisory body of the Governing Council of the Autonomous Community, if any.

Art. 11.

1. Changes in municipal terms consisting of partial segregation of the same, as referred to in Articles 6 and 7, may also be promoted by the majority of the residents resident in the part or parts of the segregate.

2. In this case, a promoting Commission shall be set up by the neighbours to incorporate all the documentation provided for in Article 14 into the dossier.

3. After completion of the documentation by the Commission, it shall be submitted to the Council of the European Parliament, which, after submitting it to the public for a period of not less than 30 days, shall agree on the same, within two months, in the terms of the previous item number 4.

4. The City Council shall, in accordance with the provisions of the provisions of Article 1 (2) of Regulation (EC) No 75/68, provide for the application of the provisions of this Regulation to the competent authority of the Autonomous Community. Municipal agreements would not have been favourable. If, on the expiry of the two-month period, as referred to in the preceding number, no express municipal agreement has been adopted, the Commission shall forward the file to the competent authority of the Autonomous Community for the purposes cited.

Art. 12.

At the same time as the request for an opinion to the State Council or to the higher advisory body of the Governing Council of the Autonomous Community, if there is a request, knowledge will be given to the State Administration of the and the main data of the dossier submitted to that opinion.

Art. 13.

1. In all cases concerning the alteration of municipal terms, the final decision shall be made by means of a decree approved by the Governing Council of the Autonomous Community. In no case may the provincial limits be altered.

2. Final decisions shall be published in the Official Gazette of the State and in the "Official Bulletins" of the Autonomous Community and the respective province.

3. Once the decision has been implemented, it must be transferred to the State Administration, for the purposes of the State Registry of Local Entities, by means of the procedure laid down in Royal Decree 382/1986 of 10 February.

4. The Directorate General of Local Administration will give knowledge to the Central Register of Mapping of the inscriptions of new Local Entities, of the cancellation of registration for the deletion of local Entities, as well as of the modifications (a) registration as a result of the alteration of municipal terms, once practiced in the Register of Local Entities.

Art. 14.

1. The dossiers shall be incorporated in the following documents, without prejudice to any other documents deemed appropriate:

a) Plano of the term or municipal terms to be the object of the alteration, with the indication, if any, of the new boundaries or dividing line of the municipalities.

b) Report on which the motivations necessary to carry out the proposed alteration are justified.

(c) The justification that the alterations do not merit the solvency of the Ayuntamas to affect, to the detriment of the creditors, or, where appropriate, the notarial act in which it is established, by the appearance of the majority of the neighbours of the segregated portions, who are committed to the new municipality to respond in the alternative, in their day, to the corresponding portion of the credits that exist, except for the personal obligations of each of those.

2. The proposed legal and economic provisions shall also be provided, including when they come:

(a) How to liquidate the debts or debts incurred by each municipality.

b) The formulas for the administration of your goods.

(c) Other than those that suit the municipalities concerned with respect to each other's obligations, rights and interests.

3. In addition, in the case of partial segregation to constitute an independent municipality, the following documents shall be incorporated into the file:

a) Demonstrative report that neither the new municipality nor the old or former will lack the means necessary for the fulfillment of their ends.

b) Project of division of goods, benefits, public uses, credits and any other rights and obligations between the City Council or the original and the new, and bases that are established to resolve, subsequently, any questions which may not have been elucidated.

c) Certification, issued by the Secretary, of the communal property, rights and benefits of the municipality or municipalities subject to the segregation, as well as those that correspond exclusively to the neighborhood of the party or parts which would have been segregated.

d) Certification of the Secretary regarding the number of voters, inhabitants and neighbors of the municipal terms and the portion to be segregated.

4. In cases of partial segregations of municipal terms, initiated at the request of the residents ' meyoria, it will be credited, through the certification of the Secretary of the respective City Council, extended to the end of the signatures that subscribe to the application, which the signatories are listed as neighbouring residents in the Municipal Register.

Art. 15.

In the final decisions of these files, they must include, if applicable:

a) Name of the new Municipality.

b) The urban core in which the capital is to be fixed.

c) New limits of the affected municipal terms.

d) Approval of the legal and economic stipulations, agreed to carry out the alteration referred to in the previous article number 2.

Art. 16.

In cases of creation or alteration of municipal terms, during the period until the next municipal elections, the following rules will be observed:

First. -When it comes to the creation of a new municipality by the segregation of part of one or several municipalities or the segregation of part of a municipality to add to another, the one from which the portion is segmented will remain with the same number of Councillors as I had. The new municipality, coming from segregation, shall be governed and administered by a Management Committee designated by the Provincial Council or, where appropriate, by the competent authority of the Autonomous Community, in accordance with the results of the elections. municipal, in the Bureau or Messes corresponding to the segregated territory.

If as a consequence of the aggregation corresponding to the municipality that has received the segregated portion a greater number of Councilors, the difference will be covered by Vowels Managers appointed by the Provincial Council or, if necessary, by the competent authority of the Autonomous Community, in accordance with the results of the municipal elections, in the Bureau or Tables corresponding to the segregated territory.

Second. In the cases of incorporation of one or more municipalities into another border, the mayors and municipal councils of the municipalities will cease. If, as a consequence of the incorporation, a greater number of councilors were found in the municipality, in accordance with the provisions of Article 179 of the Organic Law 5/1985 of 19 June, of the General Electoral Regime, the difference between shall be covered by Vocals Managers appointed by the Provincial Council or, as the case may be, by the competent authority of the Autonomous Community, among the Councilors. The designation will be done in favor of those who obtained greater ratios in the municipal elections, according to article 180 of the Organic Law 5/1985, of June 19, of the General Electoral Regime.

Third. -In the case of a merger of two or more neighboring municipalities, all Mayors and Councilors will cease and a Management Commission will be appointed by the Provincial Council or, if appropriate, by the competent authority of the Autonomous Community, integrated by a number of Vocals Managers equal to the one corresponding to the Councilors according to the total population resulting from the new municipality. The designations shall be made between the Councillors and in the form determined in the preceding paragraph.

CHAPTER II

Deslinde of municipal terms

Art. 17.

1. For the demarcation, development and amojoning of the municipal terms, each of the municipalities, to which the dividing line affects, will appoint a commission composed of the mayor and three councilors, who, with the secretary of the Corporation and the Perito designated by the City Council shall verify the operation in question.

2. The event will be attended only by each municipality, two persons who for their advanced age and accredited judgment can justify the place in which the mojones or the dividing signs were, the owners of the lands to cross the deslinde and security forces in charge of maintaining order.

Art. 18.

1. Where there are differences between the respective Councils as regards the way in which the site is to be assessed where the dividing line is to be passed or where the milestones or mojones are to be affixed, each Commission shall draw up separate minutes, in which shall record all the particulars, particulars and details which it considers necessary to justify its assessment and, with this, the act shall be terminated.

2. The respective mayors shall forward the minutes, with the other records, to the corresponding Autonomous Community, who shall send the file to the National Geographic Institute to designate the Engineer or Engineers to be personified on the on the basis of the above mentioned Commissions, in order to carry out, in the light of and in accordance with the documents indicated, the unlinde of the corresponding municipal terms.

Art. 19.

Where interested parties are in accordance with the existing limits, whatever the date of the minutes in which they were established, no new fixing shall be made, except in exceptional cases, in that documents or procedural defects are justified in the previous delimitation.

Art. 20.

In the line-pointing files limit the appearance of the representation of the Ayalderas called in a fehaciente way for the field operations to be carried out by the National Geographic Institute implicit the right to challenge the line to be fixed.

Art. 21.

If there is compliance in the limit line setting, the Commissions designated by the interested parties shall raise joint accredence, which shall be agreed upon by common agreement to the placement of the milestones or mojones that they indicate the limits and shall send copies of such minutes to the relevant Autonomous Community and the National Geographic Institute.

Art. 22.

The fixing of the limit line will give knowledge to the State Administration, for the purposes of its registration in the Register of Local Entities.

Art. 23.

When deslindes affect the boundaries of the provinces, each of the Diputaciones concerned shall have the right to incorporate a representation equal to that of each City Council into the Commissions provided for in Article 17.

Art. 24.

The issues that arise between municipalities on the deslinde of their municipal terms will be resolved by the corresponding Autonomous Community, prior to the report of the National Geographic Institute and the opinion of the State Council. or the higher advisory body of the Governing Council of the Governing Council, if it existed.

Art. 25.

The determination of the limits of the municipalities or local entities of territorial scope lower than the municipality, created under the provisions of Articles 3. and 6. of this Regulation, shall be the responsibility of the Autonomous Community respective.

CHAPTER III

The name and capital of the municipalities

Art. 26.

1. The name and capital of the municipalities may be altered, after agreement of the City Council and report of the respective Provincial Council, with the approval of the Autonomous Community.

2. The corporate agreement must be adopted with a favorable vote of two-thirds of the number in fact and, in any case, of the absolute majority of the legal number of members of the Corporations.

3. Once adopted by the City Council the corresponding agreement in accordance with the resolution of the Governing Council of the Autonomous Community, shall be communicated to the Registry of Local Entities, within one month, for the modification of the registration The register, as provided for in Article 9 of Royal Decree 382/1986 of 10 February 1986. The Directorate General of Local Administration shall communicate this modification to the Central Mapping Registry.

Art. 27.

1. The change in capital shall be based on one of the following reasons:

a) Disappearance of the urban core where it is established.

b) Greater ease of communication.

c) Historical character of the chosen population.

d) Greater number of inhabitants, and

e) Economic significance or noticeable benefits that residents in the term report said change.

2. The change of capital agreement, adopted as determined in the previous article, will require the following formalities:

(a) Exposure to the public, not less than thirty days, so that individuals or entities who are believed to be harmed may lodge a complaint.

b) Resolution of such claims.

Art. 28.

The approval by the Governing Council of the Autonomous Community of the cases of change of capital shall be the subject of a report by the Royal Geographical Society or the Royal Academy of History, as appropriate, or of the specialised institutions of the Autonomous Community, if they exist, and of any other bodies deemed appropriate.

Art. 29.

In the case of change of name of the municipalities, the procedures set out in the preceding articles regarding the case of change of capital will be completed.

Art. 30.

1. The name of the newly created municipalities and the changes in the name of the existing ones will only be official when, after they have been registered or entered in the Registry of Local Entities of the State Administration, they will be published in the "Official State Gazette".

2. The name of the municipalities may be, for all purposes, in Spanish, in any other official Spanish language in the respective Autonomous Community or both.

3. Municipalities may not use names that have not been authorised in accordance with regulatory procedures.

4. No change of name shall be permitted where the proposed name is identical to another existing or may lead to confusion in the organisation of public services.

CHAPTER IV

Mancommunities and other intermunicipal organizations

Art. 31.

1. Municipalities are recognized as the right to partner with others in Mancommunities for the joint execution of certain works and services of their competence.

2. In order for the municipalities to join together, it will not be essential that they belong to the same province or that there exists between them territorial continuity if it is not required for the nature of the purposes of the Commonwealth.

Art. 32.

1. The Commonwealth has personality and legal capacity for the fulfillment of its specific purposes and will be governed by its own Statutes.

2. The Commonwealth may not assume all the powers assigned to the respective municipalities.

Art. 33.

1. The municipalities that intend to join the community shall draw up a draft Constitution of the Commonwealth, in accordance with the provisions of Article 44 of Law 7/1985 of 2 April.

2. The agreements of the Local Corporations concerning the creation, modification or dissolution of Mancomunidades, as well as the approval and modification of its Statutes, require the favorable vote of the absolute majority of the legal number of its members. members.

3. In any case, the governing bodies shall be representative of the Joint Councils, in such a way as to determine the corresponding Statutes.

Art. 34.

The Statutes of the municipal communities shall express, at least, the following extremes:

a) The municipalities that comprise the Commonwealth.

b) The place in which they radiate their governing and administration organs.

c) The number and form of designation of the representatives of the Councils to integrate the governing bodies of the Commonwealth.

d) The purposes of the Commonwealth and its competences.

e) Your economic resources.

f) The length of time.

g) The procedure to modify the Statutes.

h) The causes of dissolution.

Art. 35.

1. The procedure for the approval of the Statutes of the Commonwealth shall be determined by the legislation of the Autonomous Communities and shall, in any case, be adjusted to the following rules:

a) The elaboration will be the responsibility of the Councilors of all the municipalities promoting the Commonwealth constituted in Assembly.

b) The Provincial Council or Diputations concerned shall issue a report on the draft Statute.

c) The Plenes of all the Ayvores will approve the Statutes with the favorable vote of the majority of the legal number of their members.

2. A similar procedure will be followed for the modification or deletion of Mancommunities.

Art. 36.

1. Constituted a Commonwealth may accede to it, by procedure similar to that of its constitution, the Ayquestas to those who are interested and to be included in the conditions provided for in the Statutes of that, assuming the obligations to be determined on them.

2. Accession may be made for one, several or all of the purposes of the Commonwealth, provided that the works or services are independent of each other, taking into account their technical or financial aspects.

3. The adhesions will have to be informed favourably by the governing body of the Commonwealth.

4. By similar procedures and subject to the statutory provisions, it may be possible to separate from the Commonwealth any of the Councils that integrate it. In no case may the report of the governing body of the Commonwealth be binding.

Art. 37.

1. The governing bodies or the Boards of Commonwealth shall be composed of a President, a Vice President who replaces him in his absence, the number of Vocals to be noted by the Statutes and a Secretary.

2. Where no other system of designation is established by law, the President and the Vice-President shall be elected from the Board, in extraordinary session and by an absolute majority of votes.

3. The position of Secretary or Accountant, as well as those of the Financial Controller, if they exist, shall be exercised by officials with national qualifications.

4. The functioning of the Commonwealth shall be in accordance with the provisions of its Statute and, failing that, the rules to be regulated.

Art. 38.

The President of the governing body of the Commonwealth of Municipalities, within one month, will request from the Registry of Local Entities the registration of the Commonwealth, as well as the modifications that occur in the data registered, and the cancellation of registration when the Commonwealth becomes extinct, in accordance with Royal Decree 382/1986 of 10 February.

Art. 39.

1. Entities known with the names of Mancomunes o Comunidades de Tierra o de Villa y Tierra, o de Ciudad y Tierra, Asocios, Reales Senorios, Universities, Comunidades de grasses, lenas, aguas y otras analogous, will continue to be governed by their customary or traditional rules, and without prejudice to the autonomy they enjoy, they will have to adjust their economic regime in terms of the formation of budgets and accountability, settlements, inventories and balances to the requirements of the Law.

2. Institutions shall send to the competent authority of the Autonomous Community a copy of their existing Statutes, report on their operating rules and copy of any amendments to those rules or amendments.

3. The position of the Secretary or the Treasurer-Treasurer, if any, shall be provided by the Entities themselves with officials with national qualifications, either by means of competitions called in the form provided for in Article 99 of the Law 7/1985, of April 2, either through any other formula that determines the legislation of the State in the matter.

CHAPTER V

For entities with a territorial scope lower than the municipality

Art. 40.

Entities of territorial scope lower than the Municipality may be constituted for the decentralized administration of separate population nuclei, under their traditional name of hamlets, parishes, villages, neighborhoods, Churches, councils, pedanies, sites and other analogues, or those establishing the laws.

Art. 41.

The separate population cores mentioned in the previous article, with peculiar characteristics within a municipality, may constitute entities with a territorial scope lower than the municipality:

a) When the municipality to which they belong is deleted.

b) When it is considered necessary to give them self-administration, when it comes to new-creation urban centres.

c) When by alteration of the municipal terms they pass these nuclei to be part of other municipalities.

(d) When farms acquired for internal colonization do not meet the conditions required to constitute a municipality, but be a permanent seat of a population nucleus.

e) Whenever requested according to what is set out in the following article.

Art. 42.

The constitution of new local entities with a territorial scope lower than the municipal one will be subject to the following requirements:

(a) Written request of the majority of the residents resident in the territory to be the basis of the Entity or by agreement of the City Council.

b) Neighborhood public information within thirty days.

c) The City Council's report on the petition and claims, which must be issued within thirty days.

(d) Final resolution by the Governing Council of the Autonomous Community.

Art. 43.

1. In the written request made by the neighbors, they will be able to sign, for those who do not know to do so, others to their request, and if the Mayor has doubts about the authenticity of one or several signatures will be able to demand the appearance and ratification of the interested parties, unless the written request is authorized by Notary or by the Secretary of the City Council.

2. Such a request shall specify the rights and interests that characterise the core in question.

3. The public information shall be made by fixing copies of the petition on the doors of the Consistorial House of the Corresponding Court and the parish churches or the old ones within the nucleus.

4. The report issued by the City Council will be taken into account if some of the following are given:

(a) That the core that tries to constitute a territorial entity of a lower level than the municipality is one of those mentioned in Article 30.

(b) Which has worked under traditional open-council arrangements, or

c) That the request be made by the neighbors of an old municipality that has been annexed to another municipality.

Art. 44.

1. The final decisions of the files for the establishment of new entities with a territorial scope lower than the municipality shall be published in the "Official Gazette of the Autonomous Community" and "Official Gazette" of the respective province.

2. Once the resolution has been executed, the President of the Entity will request his registration in the registry of Local Entities, according to the provisions of Royal Decree 382/1986 of 10 February, and standards of development. The Registry of Local Entities will give the registration to the Central Registry of Cartography.

3. For the designation of the members of the organs of these entities, it will be within the meaning of Article 45 of Law 7/1985, of April 2, regulating the Bases of the Local Regime and in article 199 of the Organic Law 5/1985, of June 19, of the General Electoral Regime.

Art. 45.

1. Once the entity has been established, its territorial limits and the corresponding patrimonial separation shall be determined, on the proposal of the Neighborhood Board or the collegiate body of control, by agreement of the City Council, which shall be adopted within the thirty days.

2. If the City Council does not agree within the period referred to in the preceding paragraph, the Autonomous Community shall determine the territorial scope of the new Entity.

Art. 46.

The Neighborhood Board or the collegiate body of control of the local entities of lower scope to the municipality shall exercise its powers on the part of the municipal territory that has been assigned to it and without prejudice to the general of the municipality to which it belongs.

Art. 47.

In order to determine the territory of entities with a territorial scope lower than the municipality that do not have it, the following rules shall be taken into account, as far as possible:

First. -In the case of a rural parish constituted in an Entity with a territorial scope lower than the municipality, the limits will be the same as the parish that has served as a basis for its legal recognition, according to the Ecclesiastical demarcation in force.

Second.-In the case of a traditional open council or of an old municipality annexed to another, the territory of the territory of the territory of the territory of the municipality is lower than the municipality, respectively, corresponds to the territorial scope of the open council or to the original municipal term annexed.

Third. -In the case of urban or rural nuclei that do not have the characteristics of the previous ones, the territorial scope of the new Entity will be referred to the town of the parish, place, village, first church, neighborhood, payment or other similar group, and, in addition, to the surrounding land which is owned or cultivated by the neighbours of the Entity or constitutes the property of the entity, provided that the dividing line between those grounds and those belonging to it can be easily established to immediate cores.

Fourth. In other cases, the City Council must assign to the new Entity the territorial scope that is necessary for the fulfillment of its purposes.

Art. 48.

1. The modification and dissolution of local entities with a territorial scope lower than the municipal level may take effect:

(a) By agreement of the Governing Council of the Autonomous Community, after hearing of the entities themselves and of the interested parties, and reports from the State Council or the higher advisory body of those where exists, in accordance with the provisions of the following Article.

(b) At the request of the Entity itself by observing the conditions set out in Article 42.

2. It shall be communicated to the Registry of Local Entities, as set out in Royal Decree 382/1986 of 10 February 1986, the variations that occur in the data collected in the inscription existing therein, as well as the dissolution of these Entities.

3. The Registry of Local Entities shall communicate the modifications and solutions produced to the Central Cartographic Registry.

Art. 49.

1. In order for the competent authority of the Autonomous Community to agree to the dissolution of the Local Entities of territorial scope inferior to the municipal one it will be necessary that, in the case that the effect is instructed, the lack of resources sufficient to sustain the minimum services attributed to it, or to be seen as a reason for economic or administrative need.

2. In the case of dissolution of the Local Entities with a territorial scope lower than the municipality, the respective Provincial Corporations shall be reported within thirty days.

Art. 50.

1. It shall not be established in local territory of a territorial area lower than the municipality, the territorial nucleus in which it radiuses the City Council.

2. No local entity with a territorial area lower than the municipality may belong to two or more municipalities.

CHAPTER VI

From the provincial territory

Art. 51.

The province is a local entity with its own legal personality, determined by the group of municipalities.

The territory of the Spanish Nation is divided into 50 provinces, with the limits, denomination and capital they currently have.

Art. 52.

Only by means of a Law of the General Courts may the denomination or capital of a province be modified.

Any alteration of the provincial boundaries will have to be approved by the General Courts through Organic Law.

TITLE II

Of the population and the Municipal Register

CHAPTER FIRST

From the neighbors and the Municipal Register

Art. 53.

1. The town's population of law is constituted by the total of the residents registered in the Municipal Register of Inhabitants, present and absent. The status of residents is acquired at the time of such registration.

2. The sum of the residents present and the bystanders constitutes the population of the municipality.

3. For the purposes of determining the population of law, the Spanish resident abroad registered in the Special Register, which must form all the Councils provided for in Article 86, shall in no case be considered as residents. absent.

4. Residents are classified as neighbours and domiciled.

The elderly Spaniards who habitually reside in the municipal term are neighbors and are registered with such a character in the Padron.

Spanish minors and foreign nationals habitually resident in the municipal term are domiciled and, as such, are registered in the Municipal Register.

5. It is the Spanish passersby who are living in a municipality other than that of their habitual residence.

6. For electoral purposes, Spaniards residing abroad shall be considered as neighbors or domiciled in the municipality in whose special Godfather is registered.

Art. 54.

1. They will be residents in the municipality:

(a) Spaniards and foreigners who, residing habitually in the term, have registered with such character, are present or absent, in the five-year renewal of the Municipal Register.

(b) Spaniards and foreigners who have applied to acquire the residence, as provided for in Article 56, are registered in the Register.

c) Spaniards and foreigners who, taking more than two years living in the municipal term, are registered, on their own initiative, in the Padron, by resolution of the Mayor.

2. The child who is not emancipated and the most incapacitated shall remain in his residence to the parents who have the parental authority or, failing that, their legal representatives, except express and written authorization to reside in another. municipality.

3. In any case, in respect of the disabled, the provisions of civil legislation will be in place.

Art. 55.

Passers-by may register as such in the Municipal Register, expressly requesting it and provided there are circumstances of prolonged stay or periodic displacement to the municipality, for reasons of study, work, provision of second housing, cohabitation with family members or other similar. In this case the presentation of the certificate of absence referred to in Article 56, 1, a) is not required.

If the circumstance that prompted the registration in the Padron is no longer present as a bystander, it must be communicated to the City Council, for the purposes of the corresponding discharge.

Art. 56.

1. Any person who changes residence within the Spanish territory is obliged to:

a) To request from the City Council in whose Padron is registered as resident the discharge as such. The application shall be made on the official form to be established, provided the name of the municipality in which it is to reside.

Received the request by the City Council, the discharge will be agreed upon in the Municipal Register and an expressive certificate of that discharge will be issued, in the same municipality chosen by the applicant to reside. This certificate will be delivered to the applicant.

b) To apply for the discharge as resident in the new municipality within the period of thirty days, counted from the date on which the discharge is granted in the municipality of provenance. In any event, the application shall be accompanied by the certificate of absence indicated above, issued by the City of provenance, and shall be sufficiently accredited to meet the legal requirements laid down for this purpose.

2. The applicant's application for residence shall be settled by the Mayor, with the notification being notified to the person concerned.

3. The obligation laid down in this article is for parents or guardians, in respect of minors or disabled persons with whom they live, or, in another case, the elderly residents with whom they live.

Art. 57.

1. When the applicant for the discharge of a resident in a municipality is a Spaniard from abroad, with his application he must present the appropriate document issued by the Spanish Consulate of origin, proof of this origin.

2. At the time of application to the Consulate the document indicated in the previous number, will present simultaneously, if necessary, the application for a low in the special Padron of Spaniards residing abroad, directed to the City Council which will be submitted to the Consulate by the Consulate.

3. Where the applicant for the discharge of resident is less than two years old abroad and is registered as resident in the Register of another municipality, he must complete the provisions of Article 56 to apply for discharge.

Art. 58.

Spanish minors or disabled persons who are habitually resident in municipalities other than those of their parents or legal representatives will be considered as passers-by, unless they are accredited. express and written authorization to acquire another residence. The authorization shall specify the municipality in which the minor or incapacitated person shall establish his residence, requesting the change of residence, on behalf of the latter, the father or legal representative, in accordance with the provisions of Article 56 (3).

Art. 59.

For the economic administration and the regime of rights and obligations that emanate from it for the residents, the absent owners will have an obligation to communicate to the mayor the name of the person who represents them. This communication will have the consideration of representatives of the owners for the farms that open, occupy or manage:

First. -Administrators, proxies, or managers of outsiders.

Second. -In the absence of the former, the settlers, tenants or sharecroppers of the rustic estates, when their owners or administrators did not reside in the municipal term.

Third. -Renters of urban estates when each of them is leased to a single person or will not reside in the locality the owner, administrator or manager.

Art. 60.

Non-compliance by Spanish or foreign nationals of the provisions of the foregoing articles may be sanctioned by the Mayor, in accordance with Article 59 of the Royal Legislative Decree 781/1986, of 18 April, without prejudice to the liabilities that may be derived from illegal residences not adapted to such precepts.

Art. 61.

1. They are rights and duties of neighbors:

a) Being elector and eligible in accordance with the provisions of the electoral legislation.

b) Participate in the municipal administration in accordance with the provisions of the Laws and, where appropriate, when the cooperation on a voluntary basis of the neighbors is interested in the Organ of Government and Municipal Administration.

c) Use, in accordance with their nature, municipal public services, and access communal advantage, in accordance with applicable rules.

(d) To contribute, through the legally intended economic and personal benefits, to the realization of municipal competencies.

e) To be informed, upon reasoned request, and to direct requests to the municipal administration, in relation to all the files and municipal documentation, in accordance with the provisions of Article 105 of the Constitution.

f) Order the popular consultation on the terms provided for in the Act.

g) Require the provision and, where appropriate, the establishment of the relevant public service, in the event of constituting a mandatory municipal competence.

h) Those other rights and duties set forth in the Laws.

2. The emancipated minor Spaniards, residents, will have the rights and duties of the neighbors, except those of a political character.

3. Foreign nationals who are older have the rights and duties of the neighbours, except those of a political nature. However, they shall be entitled to vote in accordance with the terms of Article 176 of the Organic Law 5/1985 of 19 June of the General Electoral Regime.

CHAPTER II

from The Municipal Register

Art. 62.

1. The Municipal Register, a public and authentic document for all administrative purposes, is the relationship of the residents and the bystanders registered in the municipal term.

2. Their data shall constitute proof of the residence and neighborhood classification of the inhabitants of each term, and shall be accredited by means of certifications issued by the Secretary of the City Council.

3. They will only have the character of residents, neighbors and households, of each municipality, who as such appear registered in the Padron.

Art. 63.

All Spanish or foreign nationals living in Spanish territory must be registered in the municipality in which they habitually reside.

Who can live in several municipalities must be registered in the municipality where they will live for a longer period of time.

Art. 64.

The obligation to register will include all those who are habitually resident in the municipal term, at the time of the renewal of the inhabitants ' Godfather, as well as those who, at any time, change their residence.

This obligation corresponds to parents or guardians with respect to minors or disabled persons living with them or, in another case, to the elderly residents with whom they live.

Art. 65.

In the Municipal Register, it must be stated in respect of the residents and, where appropriate, of the bystanders:

a) Names and surnames.

b) Sex.

c) Civil status.

d) Profession or occupation.

e) Nationality

f) Place and date of birth.

g) Number of national identity document or, in the case of foreign nationals, the document that replaces it

h) Home.

i) Certificate or school, academic or professional qualification held.

j) Parental or relationship with the main person of the family, being understood as such, to the effect of the registration, to the resident to whom the other persons who with the convivan recognize this quality.

k) Time of residence in the municipality.

l) How many other data are required, as provided for in Article 17.1 of Law 7/1985, of April 2, Regulatory of Local Regime Bases.

Art. 66.

1. The training, renovation, maintenance and rectification of the Municipal Register of Inhabitants corresponds to the City Councils.

2. The Register shall be renewed every five years, being rectified annually.

In the years completed in 1, the date of renewal will coincide with the one indicated for the population and housing census. In the years completed in 6, the date of its renewal will be the one indicated by Royal Decree between March 1 and May 31.

Art. 67.

1. A joint proposal of the Ministry of Economy and Finance and the Ministry of Territorial Administration, by Royal Decree, will be established for the renewal of the Municipal Register of Inhabitants of all the Councils.

2. The National Statistics Institute and the Directorate-General for Local Administration shall jointly dictate the instructions and guidelines of a technical nature for the renovation, custody and conservation of the Municipal Register of Inhabitants of all the Municipalities, as well as for their annual rectification.

Art. 68.

1. The renovation of the Municipal Register will be carried out by the registration of all the inhabitants of the municipal term in the registration sheets whose content, in respect of the basic characteristics, will be determined by the National Institute of Statistics in collaboration with the General Administration of Local Administration.

2. The annual rectifications shall be carried out reflecting the high and low by natural population movements and by changes of residence, as well as the changes that occur due to change of address.

Art. 69.

In the year prior to the renewal of the Padron, the Councils will proceed to review, update and complete the nomenclature and tag-out of the streets and other public roads and the numbering of their buildings, as well as the revision of the population institutions or groups of the term and its division into sections in accordance with the legal provisions governing it.

Art. 70.

1. To carry out the five-year renewal of the Padron, the registration sheets, which will be covered in all their data by the main person of the family or who will replace him in his duties, will be distributed with their names and surname.

2. The obligation to complete the registration sheets shall include, at the time of renewal, all persons who reside or are circumstantially in the municipal term.

3. As far as the persons who are circumstantially present in the municipal term are concerned, the completion of the registration sheet shall not take effect as soon as the application for registration in the Padron as a passer-by is necessary, be expressly requested, if they so wish, in accordance with the provisions of Article 55.

4. The City Council may, by itself or through its agents, verify all the information entered on the registration sheets, requiring the presentation of the national identity document, the Family Book or other similar documents.

Art. 71.

Mayors will be able to claim from those in charge of the Civil Registry, as long as it is deemed necessary, the data resulting from their books, with reference to certain persons.

Art. 72.

1. On the occasion of the five-year standard renewal, registered residents shall be classified as present residents and absent residents.

2. Those who, at the time of the registration, are present in the municipal term, will be registered as residents.

3. Those who at the time of the registration are absent from the municipal term will be registered as absent residents.

Art. 73.

To be valid for the registration of the absent residents in the five-year renewals of the Padron, it will be necessary for the main person of the family, or another member of the family to represent it, to sign the registration, either in the municipality itself, if it is found, or in which it is accidentally found, by referring it to the municipality of his or her residence, either directly or through that of his or her accidental stay.

Art. 74.

1. Collected, checked and duly completed, the registration sheets of the standard renewal shall be ordered and numbered by districts, sections, apples, streets, buildings and dwellings.

2. On the basis of the registration, numbered and ordered sheets, the corresponding provisional numerical summaries of inhabitants shall be drawn up and submitted to the City Council for approval.

3. The Municipal Register of Renovated Inhabitants is constituted by the relationship of residents present and absent deduced from the register of the registration register and the one of passersby who have expressly requested their registration as such in the municipality.

The expressed standard relationship may have computer support.

4. A period of exposure to the public of a month will then be opened in all the municipalities, so that the interested parties can present to the Mayor the complaints they estimate from the inclusions, exclusions and data of the enrollment.

Within the indicated period, any interested party may request information in the corresponding dependency of the City Council on its registration in the Padron, on the numerical summary of the same and also, if it will estimate, on the sheet registration for the completed registration, and may examine the corresponding documentation.

5. The complaints made will be resolved by the Mayor and notified in the form of the interested parties. This decision may be brought before the Court of Appeal, which shall decide, after a report by the authority of the State Administration responsible for statistics.

Art. 75.

The Councils shall forward to the National Statistics Institute, in the form and time limit determined by the National Statistics Institute, the definitive numerical summary of the total population of the municipality classified by sex and residence status, as present, absent and passers-by, as well as, where appropriate, by each of the districts and sections. This summary will also include the figure of the right and de facto population.

Art. 76.

1. Once the numerical summaries have been received at the National Statistical Institute, they shall verify compliance with the technical instructions and guidelines referred to in Article 67.2 of this Regulation and shall communicate to each City council its conformity or the relevant qualms about the population figures of each municipality.

2. For the purpose of granting its consent, the National Statistics Institute may carry out any checks it deems appropriate on the registration sheets or on the ground.

Art. 77.

1. Each Town Hall will make two files or relationships of the residents resident in the municipal term, according to the registration sheets.

One of these files or relationships will be ordered by districts, sections and addresses, and the other will be in alphabetical order of surnames, in accordance with guidelines established by the National Statistics Institute.

2. With respect to the bystanders registered in the Padron, the files or relationships mentioned above will also be made available, in the light of the corresponding registration requests made by those.

3. In cases of machined files, the formats and contents of the register must meet the minimum conditions to be determined by the National Statistics Institute.

Art. 78.

When the standard renewal coincides with the formation of the Census of Population, the works related to both inscriptions will be coordinated in order to rationalize the joint realization of both operations.

Art. 79.

1. The elderly, as well as the emancipated minors and the parents or guardians of the minors and the disabled, are obliged to communicate to the City Council within eight days, the changes that occur with respect to the data obtained in the Padrón Municipal, as a consequence of the change of domicile within the municipal term, in order to make the corresponding modifications to the City Council.

2. The update of the Municipal Register, as a result of births and deaths recorded in the Civil Registry, will be carried out according to the documentation provided by the Ayalsones from the expressed Civil Registry, or, where appropriate, from the Institute National of Statistics.

Art. 80.

With the statements and checks referred to in the previous articles, the Ayadores will proceed to update the Municipal Register of Inhabitants.

Art. 81.

1. Annually, the numerical summary of the Municipal Register of Inhabitants will be rectified with reference to 1 January, taking into account all the alterations produced in the resident population and those of passersby registered during the year by high and low.

2. The rectification shall express numerically the various alterations produced and the general summary of the resulting population, according to the forms established by the National Statistics Institute.

Art. 82.

1. The annual rectifying procedure shall be submitted for approval by the City Council, opening a period of exposure to the public of 15 days so that the persons concerned may make complaints which must be resolved by the Council. Town Hall. The numerical summary of the annual correction in the form and time limits determined by the National Statistics Institute shall be forwarded to the National Statistics Institute.

2. Where the National Statistics Institute deems it necessary, it may claim from the Ayaduestas the additional information it considers to be appropriate to the annual rectification.

Art. 83.

1. It is the responsibility of the Mayor to declare the residence of the Spaniards and foreigners who inhabited more than two years in the municipal term of office do not appear registered in the Padron. These resolutions shall be legally notified to the persons concerned.

2. The registration of residence, which is open to the public in accordance with the previous paragraph, shall prevail over a previous one in the Padron of another municipality, which shall be cancelled. To this end, the registered office of residence shall be communicated to the City Council in whose Register the previous registration is registered.

Art. 84.

1. The numerical results of the annual renewal or of its annual corrections may be subject to repair and verification.

2. The qualms will be formulated by the National Statistics Institute and, once they are remedied, will give their conformity to the population figures of each municipality.

3. The checks shall be carried out by the Director-General of the National Statistics Institute, where there are rational indications of inaccuracy in the figures obtained. If this inaccuracy is confirmed, the costs of verification shall be of account of the Ayuntamas.

Art. 85.

Approved the annual review of the Municipal Register and within the following month, the Councils will communicate to the Registry of Local Entities the data relating to the number of inhabitants. Likewise, before the end of February, the Ayallos will send to the corresponding Provincial Delegation of the Electoral Census Bureau a documented relationship in which the data required by article 35 of the Organic Law is established. 5/1985, of June 19, General Electoral Regime.

Art. 86.

1. The Spanish residents abroad, through the Spanish Consulate in whose demarcation they reside, will be registered in the special Padron of Spaniards residing abroad, who will have to form the Ayculos in coordination with the Administration of the State and the Autonomous Communities.

2. The training, maintenance and renovation of the Special Register will be regulated by Royal Decree, on the proposal of the Ministries of Territorial Administration, Economy and Finance and Foreign Affairs.

Art. 87.

The refusal of Spaniards and foreigners living in Spanish territory to complete the registration sheets, the lack of signature on them, the omissions or untruths produced in the expressed sheets or in the applications registration, as well as the failure to comply with the other obligations of the previous precepts in relation to the registration, shall be sanctioned by the Mayor in accordance with Article 59 of the Royal Legislative Decree 781/1986, of 18 April, without prejudice to any other kind of liability to which there is a place.

Parents of minors or disabled persons, or their guardians or, where appropriate, older residents with whom they live, shall be liable for failure to comply with the obligations indicated and omissions and untruths produced. in the registration sheets or in the applications in relation to these minors.

TRANSIENT DISPOSITION

The cases of alteration of municipal terms initiated before the date of entry into force of this Regulation shall be adjusted in their processing to the procedure provided for therein.

ADDITIONAL DISPOSITION

The number of the national identity card required as a data of the Municipal Register in Article 65 of this Regulation shall not be included until, in accordance with the provisions of the third provision of the Law organic 5/1985, of June 19, of the General Electoral Regime, by the Government the precise rules are dictated to make effective the inclusion, among the data of the Electoral Census, of the expressed number of the national document of identity as the Article 32 of the said Organic Law.

FINAL DISPOSITION

This Regulation shall enter into force on the day following its publication in the Official Gazette of the State.

REPEAL PROVISION

The Population and Territorial Demarcation Regulation of Local Entities is repealed, approved by Decree of 17 May 1952, and any rules of equal or lower rank are opposed to the provisions of the present Regulation.