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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5469

Dated March 5, 1960, Falange Española Tradicionalista and the J.O.N.S. constituted under the provisions of paragraph i) article 5 of the law of 15 July 1954, charity called construction April first Board of Trustees, not-for-profit organization that was assigned the function of building homes of income limited destination «modest families as workers «, employees or pensioners ', developing its activity "within the norms of social policy of the national movement" (4th and 5th of the statutes of the Organization articles).

The Board promoted the construction of twenty-two blocks of housing in the neighborhood «El Tagarete» of Almeria, by signing a 'transfer of housing' agreement with each of the 'beneficiaries' of the promoted properties, under which the Board of Trustees, homeowner, yield it leased to the beneficiary, who would receive his possession, to become her habitual and permanent home , and payable during the period of twenty years, monthly advance payments, amount stated in concept of 'price of leasing and depreciation quota', on account of the total price fixed to the effect, producing the transmission of property in favour of the beneficiary at the time in which the stipulated amount, would have paid full time in which one could require Board of Trustees - until then homeowner - the formalization of the contract of sale in a public deed, assignments were formalized using a build that, in relation to the transfer of ownership of such housing, it was expected that "until the beneficiary does not end pay the total price of the dwelling, as tenant, retaining April first Board the ownership of the property (...)» (6th clause); and that «once payment is made, the beneficiary may require first April Board formalization in public writing of the contract of purchase and sale of housing, being account that costs arising from the granting» (seventh clause).

The legal status of the first Board of Trustees on April was not 'regularization' following the entry into force of the Royal Decree-Law 23/1977, of 1 April, restructuring of the bodies under new legal regime of the associations, officials and heritage of the movement, and the Royal Decree 596/1977, April 1, and the National Council of development than that.

Currently corresponding to the promotion of reference dwellings are registered in the registry of property on behalf of the Board of Trustees first of April, not having yet formalized the public deeds of sale documenting the transfer of the property in favour of the beneficiaries of the promotion, despite having elapsed time limit to the effect 'transfer of housing' agreements.

It advocacy of the State in the Secretariat of State of administrations public has informed,. with regard to the right of them beneficiaries, that «them beneficiaries of them housing promoted by the Board first of April of Almeria that have paid in its integrity the amount agreed in the agreement of assignment of housing in its day subscribed with the Board have right to it property of them same les is transferred». And as regards the competence for the granting of Scriptures, the opinion indicates that "the direction General of the heritage of the State of the Ministry of finance and public administration is the competent organ to accord formalizing contracts trading with beneficiaries dwellings that meet the requirements to acquire the ownership of the same".

However the competition that, in accordance with the article 12 of the law 33 / 2003, of 3 of November, of the heritage of them administrations public, corresponds to the Director General of the heritage of the State for represent to the Administration General of the State in the traffic legal heritage, in the present case seems suitable attributed to the Deputy of the Government in Almeria, through the corresponding delegation the granting of the writings of the properties for sale, considering that, since the demise of the Board of Trustees, management was assumed by the civilian Government and, subsequently, by the prefectures, that this body is in a better position to assess, with the desirable immediacy and speed, the relevance of grant from regularisation documents.

Considering the above, in accordance with article 13 of law 30/1992, of 26 November of the legal regime of public administrations and common administrative procedure, and after approval by the Minister of finance and public administration pursuant to the available additional thirteenth of law 6/1997, of 14 April, organization and functioning of the General Administration of the State , I've determined: first. Delegation of powers in the Government representative in Almeria.

Is delegates in the Deputy of the Government in Almeria it competition for grant, in representation of the Administration General of the State, them writings of alienation of them housing built by the Board first of April in it neighborhood «the Tagarete» of Almeria to them beneficiaries that have paid in its integrity the amount agreed in the agreement of assignment of housing in its day subscribed with the Board.

Second. Exercise of the delegated powers.

The exercise of the jurisdiction delegated shall comply with the provisions of articles 13 and 14 of Act 30/1992, of November 26, the legal regime of public administrations and common administrative procedure.

Third party. Entry into force.

This resolution shall enter into force the day following its publication in the "Official Gazette".

Madrid, 12 de mayo of 2015.-the Director General of the heritage of the State, Juan Antonio Martinez Menendez.