Drivers in Spain could be charged for crossing footpaths to park
Local councils in Spain can now charge fees to owners accessing garages or homes via public pavements
Millions of garage and premises owners in Spain may soon be facing a new fee for crossing footpaths to access their properties, thanks to a recent Supreme Court ruling.
The decision, which sets a precedent for city and town councils across the country, allows municipalities to charge owners for using public footpaths to enter and exit their garages or driveways, even if the land the actual parking spot is on is privately owned.
The ruling is based on the idea that while the land may be private, the pavement outside is always considered public, and owners who use it to access their properties are making private use of a public space. This, the court argues, justifies the imposition of a local fee or tax to compensate for this use.
The Supreme Court's decision is the result of a dispute between a company and the Burgos City Council, which had imposed a fee of up to 80 euros per year on the business for using a public sidewalk to access its private land. The company appealed the decision, but the Supreme Court ultimately ruled in favour of the city council, confirming the obligation to pay the fee.
This ruling is significant because it establishes a new precedent for local councils to follow and according to the law, all municipalities could, in theory, charge a fee for vehicles to enter and exit their parking spots.
The implications of the ruling can’t be overstated, as it could end up affecting millions of property owners across Spain. City councils will now have the power to impose fees on owners who cross public footpaths to access their properties, and it will be up to each municipality to decide whether or not to impose such a fee.
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