The BOE has published a resolution from the Ministry of the Presidency that allows registration for people who lack domicile in a “fictional domicile” and in infraviviendas, among which shades, caves and caravans.Social services must indicate the address that appears for homeless people and commit to trying to get the administration notifications.
The resolution is April 29 and was published in the Official State Gazette on Saturday, May 2.The aforementioned annex published now cites the resolution of February 17 of this year of the Presidency of the National Institute of Statistics and the General Directorate of Autonomous and Local Cooperation, which dictated technical instructions to the municipalities on the management of the management of the management of the Municipal Register.
In the section of the registration in infravy and people without domicile it is necessary that the register must reflect the address where every neighbor of a municipality really lives and that is “completely independent of the legal-private disputes about the ownership of the house” and alsoIt is of the "physical, hygienic-sanitary or other circumstances that affect home".
“Consequently, infravy (shacks, caravans, caves, etc..and even total ceiling absence) can and must appear as valid homes in the register, ”says the aforementioned resolution published in the BOE.
It admits, in the text itself, that the most extreme situations "can raise the doubt about the origin or not of their constancy in the municipal register".But they consider that the criterion that this decision must preside over is determined by the "possibility or impossibility of directing the registration of a communication to the domicile that appears in its registration".
But the resolution concludes that "in the event that it is reasonable to expect that communication to come to the recipient's knowledge, it must be registered in that direction".
“The correct application of this criterion determines, on the one hand, that any address where the neighbors effectively live, and, on the other, that can and should be used to a 'fictional address' in the cases in which a person in which a person in which a personQUARECECES DE TELHING regularly reside in the municipality and be known from the corresponding social services, ”says the aforementioned resolution.
The address will be the one determined by social services
In this sense, it establishes as a condition that must be fulfilled in this type of registration that those responsible for the services report on the habituality of the residence in the municipality of the neighbor that is intended to register and indicate the direction that must appear in the Padral Registration.
It is also imposed as a requirement that social services are committed to trying the practice of notification when a communication from some public administration is received in that direction.
Therefore, it is specified that, under these conditions, the direction of the registration will be the one indicated.
And they add that "obviously, to practice this type of registration, it is not necessary.
Inmate registration
The aforementioned resolution also establishes that the inmates cannot be forced to be registered in the municipality where the aforementioned center is located.It can only be done at the request of the same.
"Admitting the forced registration of inmates would mean imposing an accessory penalty to prison, which, not being expressly foreseen, would be contrary to article 25 of the Spanish Constitution," says the text.
And to the opposite, the inmates have the right to choose as a regular domicile that assign for registration purposes, therefore the effective residence being the criterion to be applied in this case, that is, the penitentiary center.
The only limitation that can be established in this regard is that it does not exist, or has ceasedthat appear inscribed with the same justify their decline, etc..).