¿Es viable la recepción tácita de las obras de urbanización? El encaje de la sentencia del Tribunal Supremo 1.697/2022, de 20 de diciembre con la normativa urbanística actual (con especial referencia a la andaluza)

Abstract

In our legal system, the reception of urbanization works can be admitted in three ways: express, tacit or presumed. With reception, the transfer of the works to the acting Administration takes place, which is the reason why traditional jurisprudence has stated that it must be express and formal, requiring the responsible person to offer it under due conditions and the competent authority to accept it by express act, providing full proof that the works have been executed in accordance with the project and the regulations that enabled its approval. The presumed reception (by presumed act) is what occurs due to the operation of positive silence. However, the singular exception to this formal acceptance of reception, perhaps the most controversial of all, occurs with the so-called “tacit reception”, produced by the evidence of the administration's own and conclusive acts that allow it to be inferred that those urbanization works that are to be formally received have been executed (with a greater or lesser degree of formality or skill) and are already serving the intended purpose of public use and service. With this recent judgment from the High Court, not only has this possibility of informal reception been endorsed, but it has also extended its casuistry, finding some accommodation in the latest urban planning regulations published.