Classification

Classification of a community woodland in common

The recognition of the ownership of a community woodland held in common in favour of a community of neighbours is the responsibility of the Provincial Classification Jury for Community Woodlands, which does so by means of an administrative resolution. The Provincial Classification Jury is, therefore, the body responsible for carrying out the process of classifying a plot of land as a community woodland held in common.[1].

There is a Jury for each of the provinces. It is composed of a president, a vice-president, a secretary and four members, each with voice and vote at meetings. Two representatives of the communities involved in each case are incorporated into this Jury as members, with voice but no vote. The Jury's decisions are adopted by a majority of its members.

The process of classifying neighbouring property

The process for classifying land as a community woodland is defined in Article 11 of Law 13/1989 and in Articles 19 to 31 of Decree 260/1992, and its aim is to legalise community ownership.

The classification file may be initiated in the following ways:

• By the office of the Provincial Jury itself;
• Upon the request of any resident or group of residents;
• At the request of the Ministry of Rural Affairs or the affected communities;
• At the request of the council in which the mountain is situated.

In any case, anyone applying for the classification of a plot of land as a common holding must submit, together with the application, a topographical plan identifying the plots to be classified.

There are different sources of historical information that can provide interesting data on the boundaries of the mountain. Among these sources are the Marqués de Ensenada's Catastro of 1752, the 1958 Catastro, and the files containing the lists of mountains exempted from the 1860 public sale. It is also advisable to consult the 1901 Catalogue of Public Utility Forests and the list of immovable property for the relevant municipality. If no specific documents are found that clearly establish the boundary of the forest, it is advisable for a group of local residents connected to the forest to sign a manifesto regarding its status as a common good.

The process to be followed for classifying a woodland as communal normally consists of the following stages:

1. Application to the Provincial Jury for the Classification of Communal Forests, including a topographical survey together with a justificatory report and the available historical documentation;
2. Should the Jury decide not to initiate the classification proceedings, it shall notify the promoters of that decision so that they may, if they deem it appropriate, lodge an appeal for reconsideration with the same Jury or, alternatively, resort directly to the administrative court.;
3. Should the Jury initiate the process, within 15 days of the initiation agreement it must request background information on the area to be classified from the relevant authorities and bodies (provincial forestry services, Catalogue of Public Utility, etc.). Likewise, it will request a certificate from the Land Registry.;
4. The instructor appointed by the Jury will open a one-month period for the submission of representations and will send the notifications as appropriate to:
   1. The mayor of the municipality where the mountain is situated;
   2. The persons or entities who are registered in the Land Registry as the owners of the surface to be classified;
   3. The persons who have applied for classification;
   4. The Provincial Forestry Service;
   5. The Land Registry.
5. At the same time, the start of the proceedings will be published in the Official Gazette of Galicia, and a copy will be sent to the local council where the community woodland is located so that it may be made public in the customary places.

During the processing of the file, and until the Jury has responded, the designated land may not be occupied or subdivided. Any potential income from uses or occupations received by the entity that may be occupying that area, if applicable, must be deposited with the General Treasury of the Government of Galicia, unless the parties have agreed otherwise.

After collecting all the necessary documentation, the instructor will submit a reasoned proposal to the Jury for inclusion on the agenda of the first meeting held, and for the adoption of the appropriate resolution.

The instructor shall draw up the final resolution, which shall be signed by all members of the Jury, and the secretary shall record it in the relevant register, together with the decisions and any dissenting votes, if any. The resolution shall be notified to the interested parties and published in the Official Gazette of Galicia and in the Land Registry, and may be appealed to the Jury itself and by way of administrative litigation.

Once the classification and any possible appeals that may have been submitted have been resolved, the Jury will send a certificate of the final decision to the person who requested the start of the proceedings, to those who submitted objections, to the Provincial Delegation of the Ministry of Rural Affairs and to the relevant municipality.

The final resolution must contain the necessary requirements for its registration in the Land Registry, accompanied by sufficient plans to allow the identification of the classified area.

The immediate effects of the classification are as follows:

• To attribute ownership to the neighbourhood community;
• To serve as title of ownership for all intents and purposes; and
• To obtain the exemption from the tax on property transfers and documented legal acts.

Once the plot has been classified as community woodland, its area and boundaries will be established, accompanied by an adequate planimetric survey with precise descriptive data.

[1] As defined in Article 9 of Law 13/1989 and Articles 13 to 18 of Decree 260/1992.