New rules for state and local fees and public charges in Spain

Automatic summary, not yet reviewed

1. It changes the definition of a fee (tasa): it only applies when the service is not requested voluntarily or is not provided by the private sector. Otherwise, it is a public price.
2. It sets how much a fee can cost: for using public domain, the charge is based on market value, and for services it cannot exceed the real or foreseeable cost of the service.
3. Creating or raising a fee requires an economic and financial report justifying the amount; without it, the rule is automatically void.
4. It creates or reorganizes specific state fees: airports, announcements in the official gazette and the Commercial Registry gazette, patents, nautical charts, museums, health analyses and use of state public domain.
5. At airports, the fee covers many different activities: parking, using terminals, renting premises, advertising and more. Each rate has its own calculation criteria, and only a law can change them.
6. It adapts local fees and public prices: city councils may charge for many uses of local public domain and services, but not for street lighting, street cleaning, civil protection or compulsory education.
7. For utility companies (water, gas, electricity) using municipal streets, the local fee is 1.5% of their gross annual revenue in each municipality.
8. Local governments had to approve and publish the necessary agreements before January 1, 1999 to charge the new fees and public prices; until then they could keep applying the previous rules.

Who it affects

• People using state services such as airports, official publications or patents: They pay fees with amounts and criteria set by law, and increases must be justified by an economic report.
• Travelers and people parking at airports: The passenger fee can be passed on to the ticket, and parking is charged by vehicle, airport and duration.
• Citizens dealing with city councils: Local fees follow new rules; some basic services cannot carry a fee.
• Utility and concession companies using streets and public domain: They pay municipal fees based on their revenue or the value of the use.
• Public administrations: They must economically justify fees and adapt their ordinances before January 1, 1999.

Words worth knowing

Tasa (fee)

Money paid to the state or a city council for using a public service or asset that particularly benefits the person paying.

Precio público (public price)

An amount paid for a public service requested freely and also offered by the private sector.

Hecho imponible (taxable event)

The situation or act that triggers the payment, such as parking at an airport.

Devengo (accrual)

The moment the obligation to pay arises, even if payment is made later.

Dominio público (public domain)

Assets that belong to everyone, such as streets, roads or waters, managed by public administrations.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries