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Resolution Of 12 Of Mayo Of 2015, Of The Direction General Of The Heritage Of The State, By Which Is Delegate Competencies In The Deputy Of The Government In Almeria.

Original Language Title: Resolución de 12 de mayo de 2015, de la Dirección General del Patrimonio del Estado, por la que se delegan competencias en el Subdelegado del Gobierno en Almería.

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On 5 March 1960, Falange Española Tradicionalista and the J.O.N.S. constituted, under the provisions of Article 5 (i) of the Law of 15 July 1954, the construction charity named First of April, non-profit organization to which the function of building housing of limited income was assigned to "modest families as workers, employees or pensioners", developing their activity " within the norms of the social policy of the National Movement " (Articles 4 and 5 of the Statute of the organization).

The Board of Trustees promoted the construction of twenty-two housing blocks in the "El Tagarete" neighborhood of Almería, signing a "housing transfer" agreement with each of the "beneficiaries" of the homes promoted by virtue of the of which the Patronato, owner of the dwelling, would give in the lease to the beneficiary, who would receive his possession, obliging to constitute in it his habitual and permanent domicile, and to pay during the period of twenty years, by monthly advance, an amount stipulated as a " lease price and a share of depreciation ', in the light of the total price fixed for this purpose, the transfer of the property in favour of the beneficiary at the time when the full amount of the amount stipulated, at which time the beneficiary could be required to Employer-until then, owner of the housing-the formalization of the contract of sale in public deed,

The disposals were formalised using a type-form in which, in relation to the transfer of ownership of such dwellings, it was envisaged that ' until the beneficiary does not end up paying the full price of the house, consider as a tenant, retaining the First of April Patronato the property of the building (...) "(clause sixth); and that" once the payment has been made, the beneficiary will be able to demand from the Patronato First of April the formalization in public writing of the Contract of purchase-sale of the dwelling, being of account of that the expenses that the granting origin " (clause seventh).

The legal situation of the Patronato Primero de Abril was not subject to "regularisation" after the entry into force of Royal Decree-Law 23/1977 of April 1, Restructuring of the organs of the National Council and new the legal status of the associations, officials and assets of the Movement, and Royal Decree 596/1977 of 1 April, of the development of the Movement.

At present, the dwellings corresponding to the reference promotion are registered in the Land Registry in the name of the Patronato First of April, not having been formalized the public writings of purchase and sale by documenting the transfer of ownership in favour of the beneficiaries of the promotion, despite the expiry of the period provided for in the "house transfer" agreements.

The State Attorney at the Secretariat of State of Public Administrations has informed, in terms of the beneficiaries ' right, that " the beneficiaries of the housing promoted by the Patronato Primero de Abril de Almeria, which have paid in their integrity the amount agreed upon in the agreement of the sale of the dwelling in their day subscribed with the Patronato have the right to have the property transferred to them ". With regard to the competence for the granting of the scriptures, the opinion indicates that " the General Directorate of the State Heritage of the Ministry of Finance and Public Administrations is the competent body to agree on the formalization of contracts for the purchase and sale with the beneficiaries of housing that meet the requirements to acquire ownership of the dwellings. "

However, the competition which, in accordance with Article 12 of Law 33/2003, of 3 November, of the Heritage of Public Administrations, corresponds to the Director General of the State Heritage to represent the General administration of the State in the patrimonial legal traffic, in the present case it seems appropriate to attribute to the Subdelegate of the Government in Almería, through the corresponding delegation, the granting of the scriptures of sale of the housing, considering that since the disappearance of the Board of Trustees, its management was assumed by the Civil Government and, subsequently, the Subdelegation of the Government, so this body is in a better position to assess, with the desirable immediacy and speed, the pertinence of granting the documents of regularization from.

Whereas, in accordance with Article 13 of Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and after the approval of the Minister of Hacienda y Administraciones Públicas as established in the additional provision of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, I have resolved:

First. Delegation of powers to the Deputy Government Delegate in Almeria.

It is delegated to the Subdelegation of the Government in Almeria to grant, on behalf of the General Administration of the State, the deeds of the disposal of the dwellings built by the Patronato Primero de Abril in April. the "El Tagarete" neighborhood of Almería to the beneficiaries who have paid in their integrity the amount agreed upon in the agreement of the sale of the dwelling in their day subscribed with the Patronato.

Second. Exercise of delegated powers.

The exercise of the jurisdiction to be delegated shall be in accordance with the provisions of Articles 13 and 14 of Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Third. Entry into force.

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

Madrid, May 12, 2015. -Director General of the State Heritage, Juan Antonio Martinez Menéndez.