He Supreme Court has confirmed that the town halls may charge vehicle owners who use the public sidewalk to access their garages, even though it may be located on private land.
This measure, supported by the Local Treasury Lawallows municipalities to establish a fee for special use of the public domaina practice that is already being applied in some locations.
The fee for entry and exit of the garage
According to the rulings issued by the Supreme Court last June 27 and September 16the law supports that councils can charge the owners of vehicles that cross sidewalks to access their garages.
This decision is based on the fact that, although the land may be privately owned, its use is considered public as it is intended for pedestrian traffic.
This charge is justified by the greater intensity in road use that vehicles make when entering and leaving the garage, which, according to the ruling, generates a special use of public space.
The rate may be applied without the need for a specific municipal ordinance, since the Local Treasury Law contemplates it in his Article 20.
The Local Treasury Law and its application
He Article 20 of the Local Treasury Law establishes that town councils have the power to impose fees for the exclusive or special use of public domain assets. In section h), the possibility of charging for the vehicle access via sidewalks and the reservation of spaces on public roads for parking, loading and unloading.
The case of the Burgos City Council
This regulation has been key in a dispute between a private enterprise and the Burgos City Councilwhich demanded a rate of 80 euros per year to the company for the use of the sidewalk to access its garage.
Although the company argued that it was a private space, the council argued that, since it was used by pedestrians, it was considered illegal. public use. After several appeals, the Supreme Court ruled in favor of the City Council, which set a precedent for other municipalities to apply this rate.
This ruling has important implications for the garage owners throughout Spain, who could begin to receive these fees for the use of sidewalks to access their properties.