Recurrent: Ministry of Finance and Public Service

Recurred resolution: R/0573/2023

In exercise of the right of access to public information, a request for access to a copy of a cadastral file was submitted to the Ministry of Finance and Public Service.

The Administration denies access because the applicant does not have the status of interested party in the procedure and his legitimate rights and interests have not been affected. Later, at the stage of claims in the claim procedure, it rectifies and resolves to grant access, once the payment of the cadastral accreditation fee has been justified, since it has been verified that the claimant was the cadastral owner of the reference property. However, it considers that the complaint submitted to the Council is not appropriate given the existence of a specific legal regime for access to information in this matter, regulated in the Consolidated Text of the Land Registry Act.

The Board estimates the claim on formal grounds as, even late in the day, the Administration has provided the requested information. However, it points out that, although it shares the fact that there is indeed a specific regime for access to information in this area, contrary to what the Ministry points out, this does not exclude the possibility of a complaint being lodged with the Council, replacing the appeal to the Directorate General of Cadastre, insofar as this possibility arises from the supplementary application of the LTAIBG, which has been recognized in the Supreme Court Judgment of 10 March 2022 (ECLI:ES:TS:2022:1033).