We once again have
the pleasure of "
listening", through this article, to our collaborator José Enrique Candela Talavero, Secretary-Comptroller of
the Local Administration. A problem that can frequently arise in town halls, related to
the ownership of
the activity license, occurs when a notification of change of ownership of an activity arrives at
the town hall, but is not accompanied by a copy of
the agreement signed between
the parties. Suppose it could be because
the previous owner of
the activity is absent or did not want to sign that agreement. It is
the case that could arise in which an owner of a premises with an activity license attached to that premises, when selling it, does not want to transfer that same license. In such situations,
the owner of
the premises cannot be left at
the mercy of
the tenant's whim, whe
ther or not to transmit
the activity license or transmit it to ano
ther tenant.
This reality can cause situations of responsibility, it can have an immediate fiscal impact and, of course, generate the birth or maintenance of rights and duties of those interested in this legal situation. The legal
Canada Mobile Number List regime to consider, when this situation occurs in Extremadura, to try to focus the situation is the regulation offered by the Decree of June 17, 1955, which approves the Regulation of Services of Local Corporations (RS). , Law 16/2015, of April 23, on environmental protection of the Autonomous Community of Extremadura (art.37) and Decree 81/2011, of May 20, which approves the Regulation of authorizations and environmental communication of the Autonomous Community of Extremadura (art.40). Well, assuming that art. 13 RS provides: “1. The licenses related to the conditions of a work, installation or service will be transferable, but the old and new builder or entrepreneur must communicate it in writing to the Corporation, without which both will be subject to all the responsibilities that will be derived
for the owner.
Licenses relating to the qualities of a subject or the exercise of activities on public domain assets will be transferable or not, as provided for in regulations or, failing that, when granting them. 3. Licenses will not be transferable when the
number of licenses that can be granted is limited”, we know about the transferability of the licenses as well as that the legal nature of the license is that of administrative acts of a regulated nature. This reality means that the administrative power of full discretion is not applicable. The regulations provide that those interested in this case must “inform the Administration” so that it can then proceed to verify the reality and “accept” the transmission. Does not intervene discretionally. And once the change has been made, notify whoever is now the new owner and person responsible for the activity.
