The TSJCV annuls the waste collection fee in Bétera

The administrative litigation chamber, 3rd section, of the High Court of Justice of the Valencian Community (TSJCV) has annulled the ordinance regulating the fee for the waste collection service of the municipality of Bétera. The Bétera City Council has made the judgment public through an announcement inserted in the Official Gazette of the Province of Valencia number 171, dated September 7, 2026, with reference 2026/10886.

The annulled ordinance was published in the Official Gazette of the Province of Valencia number 43, dated February 29, 2024. With this resolution, the judicial body upholds the claims filed against the local tax regulation, which will be rendered ineffective under the terms set by the judgment itself.

Scope of the annulment

The decision directly affects all taxpayers in Bétera who have paid the fee for the urban waste collection service since the ordinance came into force. The annulment of the regulation leaves the payments made without legal coverage, which may compel the council to:

• Redraft the ordinance to align it with the criteria indicated by the court.
• Officially review the assessments issued under the annulled regulation.
• Refund the amounts unduly paid by the affected taxpayers.

Regulatory framework and background

The fee for the provision of the waste collection service is a local tax regulated by city councils through a fiscal ordinance. In the case of Bétera, the contested regulation was approved and published in the BOP of Valencia number 43, on February 29, 2024, and has been applied to the residents of the municipality since then.

The TSJCV judgment is part of the increasing litigation surrounding waste fees, especially following the entry into force of state and European regulations that require the actual cost of the service to be passed on. Courts have been demanding that ordinances sufficiently prove the equivalence between the cost of the service and the amount of the fee.

Consequences for taxpayers

The annulment opens the door for the residents of Bétera to request the refund of the amounts paid as this fee. The Bétera City Council must now decide whether to appeal the judgment or, conversely, proceed to draft a new ordinance that corrects the defects identified by the court.

In any case, the judicial resolution constitutes a relevant precedent for the municipality and for other city councils in the province that have approved waste fees using similar criteria. Affected taxpayers should remain attentive to the deadlines and procedures that the council enables for the review of assessments.

Relevance of the news

The annulment of the waste collection fee in Bétera has a direct impact on the pockets of all the municipality’s residents, who could recover amounts already paid or see their future bills reduced. The decision of the TSJCV also reinforces judicial doctrine regarding the need for local fees to strictly align with the actual cost of the service, a criterion that could extend to other Valencian municipalities.

Source: Official Gazette of the Province of Valencia, number 171, September 7, 2026, section I (official reference: 2026/10886).