The limit of the duty of conservation: the difficult balance between conservation of buildings, constructions and facilities and economic ruin

Abstract

In the present work I address a question of great importance and transcendence both for citizens and for Public Administrations, and in particular within the latter, for Local Administration, given that I analyze the duty of conservation of the buildings, constructions and facilities that all owners have and the limit of the same, from which, if the respective Public Administration wants to continue conserving, the latter must assume its cost in everything that exceeds that, And if, on the contrary, it does not opt for such a solution, the duty of the owners to preserve their building, construction or installation will disappear, to create a new one, which is, to tear it down, as a consequence of having incurred that or these in the state of economic ruin. In order to bring the reader closer to what has been, is, and to a certain extent, it is called to be the duty of conservation, its limit, as well as the economic ruin, I carry out throughout this work of research a review of both the state legislation, historical and present, that has dealt with such issues, as well as the regional legislation in force today that regulates both said duty and its limit, as well as economic ruin. Finally, and as a summary, I point out the most significant and noteworthy specifications and variations that the Autonomous
Communities have introduced when regulating each of these concepts, to finish, by way of recapitulation, making a series of proposals to improve said duty and its limit relative to economic ruin.