Municipalities can request authorization to install charging points in buildings of cultural interest

MADRID, 7 Ago.

Municipalities can request authorization to install charging points in buildings of cultural interest


The National Commission for Markets and Competition (CNMC) highlighted this Monday that municipalities can require a license to install electric vehicle charging points in buildings considered assets of cultural interest.

Specifically, only in this case are the principles of necessity and proportionality of the Market Unity Guarantee Law (LGUM) fulfilled.

The Association of companies for the development and promotion of the electric vehicle denounced that several city councils reject the responsible declaration to install charging points in their municipalities.

For this reason, the CNMC has recalled that municipalities can request a license when the installation affects buildings of cultural interest, according to article 48.5 of the Electricity Sector Law, while article 53 of the regulations provides for the rest of the authorizations that may be required.

The CNMC has published this Monday the summaries of its actions related to the LGUM during the months of June and July.

Among them, the Valencian Housing and Land Entity requests in some documents that an architect or technical architect coordinate the safety and health of the works of La Torre de Valencia.

According to the CNMC, this professional solvency requirement implies a limit to the exercise of the activity that is contracted, it has not been justified and, therefore, it is contrary to article 5 of the LGUM.

For its part, the subsidiary regulations of El Olivar (Guadalajara) prohibit the installation of windmills and solar farms in the municipality if it is not for self-consumption, in response to which Competition has requested the Castilla-La Mancha Community Board and the City Council of El Olivar that justify the necessity and proportionality of this restriction, or that they annul it.

In Seville, the City Council has rejected, due to administrative silence, the authorization requested by the Tuk Tuk Trips company to begin providing tourist transport services in the city, a decision that according to the CNMC is contrary to articles 5 and 9 of the LGUM , since it has not been justified by the City Council in terms of necessity and proportionality.

For its part, the Barcelona City Council has ordered the company L'Arc de Gràcia to cease its activity as tourist accommodation, since it only has a license to be a student residence and, according to the CNMC, the City Council's resolution does not constitute a obstacle to the application of the LGUM, because it does not prevent the company from carrying out the only economic activity it carries out (student accommodation).

Regarding the Community of Madrid, which has called for subsidies for training the unemployed during 2023 that include discriminatory requirements, according to articles 3 and 18.2 of the LGUM, the CNMC has formulated a prior requirement against the Order of the Ministry of Economy, Treasury and Employment.

In Villalobón (Palencia), the City Council has rejected the responsible declaration of the operator Adamo Telecom Iberia to deploy fiber optics in the municipality, which for the CNMC represents a limit to access and exercise of the activity and is contrary to the freedom of establishment, since it prevents the telecommunications company from providing the service and does not justify it by any compelling reason of general interest.