Batllia court invalidates decree protecting Casa de la Vall and Sant Esteve church due to missing personal

The Batllia court in Andorra la Vella has annulled a January 2025 government decree that set protection zones around Casa de la Vall and the Sant Esteve church, ruling the measure invalid due to the lack of personal notifications to affected property owners.

The decision, delivered to the Culture Ministry on Friday, sided with a July 2025 appeal from owners of three historic center buildings—Ca la Concep, Ca l’Alionó, and the former Hotel Torres. These owners argued the zones infringed on their property rights by labeling their buildings as "disturbing elements" and restricting renovations or new builds to ground floor plus three stories for vernacular structures, impacting around 200 properties. They further contended that such limits on private property required a law rather than a decree and overlooked modern obstructions like the Consell General and Constitutional Court buildings.

The court ruled strictly on procedure, not merits. It held that certified mail with receipt acknowledgment was required for identifiable parties facing direct impacts on usage, building, or transformation rights. Public edicts fell short, citing a 19 December 2025 Superior Court Administrative Chamber precedent mandating prior personal notices to potentially affected third parties. The decree's intervention criteria also failed to align with legal standards and administrative aims, prompting retroaction to the pre-decree stage for proper individual communications.

Culture Minister Mònica Bonell, speaking Monday, called the outcome a formal issue only, with the government weighing an appeal to the Superior Court. Without one, the ministry plans to republish the edict and notify owners directly, as "the work is already done" and a full restart "wouldn't change anything." She noted the appellants had approached the ministry, received full details, and benefited from an extra month for submissions. The ministry lacked property addresses, held by Andorra la Vella commune, whose data protection delegate refused direct sharing but handled notifications instead. Later zones for Sant Joan de Caselles and Sant Miquel d’Engolasters used personal notices after data protection approval.

Andorra la Vella's lesser consul, Olalla Losada, defended the commune's role Monday, stating it informed owners via the official gazette (BOPA) since data protection rules barred sharing names or addresses with the government. "We acted within legal margins and always aimed to collaborate," she said, noting an extra allegations period was granted. She pledged support for any restarted process, as data laws had evolved.

The ruling hinders Andorra's UNESCO World Heritage bid for ten monuments, submitted 31 January 2025 in Paris before a July evaluation. Zones for Sant Joan de Caselles and Sant Miquel d’Engolasters are in allegations; Sant Martí de la Cortinada awaits approval. Casa de la Vall and Sant Esteve now require redo, with owners possibly refiling on substantive grounds.