Gernika-Lumo has started the procedure to recover the occupied property at Karmelo Etxegarai 16

The Gernika-Lumo City Council has initiated an ex officio recovery procedure regarding the property located at number 16 Karmelo Etxegarai Street, as it is a public domain asset and is currently occupied. The procedure began on August 21, 2026, and notice of the process was published in the Official Gazette of Bizkaia, in issue number 177, on September 16, 2026, in section II, with the official reference BOB-2026a177-(II-4804). The Council has granted a hearing to the interested parties, who have 10 business days to submit allegations.

Public domain asset and occupation without title

According to the Council, the property is under the ownership of the municipality, possessing the nature of a public domain asset and is attached to a public service. After reviewing the municipal archives, no current permit, concession, or other title in favor of any natural or legal person is apparent that justifies the ownership or occupation of the asset. Consequently, the Council has initiated the ex officio recovery process to return the asset to the public domain.

Occupation hindering the start of library works

On May 27, 2026, the Local Government Board definitively approved the project to renovate and repurpose the building south of the public schools on the Promenade to create a municipal library. On August 24, 2026, the Council began the start of works through the mandatory verification of the layout; during this process, it was verified that the property is occupied, which created an obstacle to the actual execution of the works.

Hearing and procedure for allegations

In accordance with Article 82 of Law 39/2015, before the procedure is resolved, a hearing is granted to all natural and legal persons who occupy or hold the property and are interested parties. The period is 10 business days, counted from the day following the publication of the notice in the Official Gazette of Bizkaia. Interested parties have the option to:

• Make allegations and present documents they deem appropriate in defense of their legitimate rights and interests, regarding any permit, concession, contract, agreement, or other title that justifies the ownership and occupation of the property at number 16 Karmelo Etxegarai Street.
• Consult the file through the Council’s electronic office or, by prior request, in person at the Council’s SAC service.

Background and signature

The notice was signed in Gernika-Lumo on September 9, 2026, by Iñaki Gorroño Etxebarrieta, acting in the duties of the mayor. In this context, Mayoral Decree 2026/943 —dated September 2, 2026— appointed Iñaki Gorroño Etxebarrieta to fulfill the duties of the mayor from September 3 to 13, 2026, due to the mayor’s absence; this decree was published in the Official Gazette of Bizkaia, issue number 173, on September 10, 2026. The municipal mayor is José María Gorroño Etxebarrieta.

Impact and next steps

The file does not yet have a resolution. After the hearing process is completed, the City Council will decide on the ex officio recovery of the property, and the purpose of that decision is to unlock the Pasealeku library project. In the meantime, the occupation of the building continues, which conditions the schedule of municipal equipment.

For the residents, this procedure clarifies the delay of a public service: the new library will not start until the legal status and occupation of the property are clarified. The City Council has made it clear that there is no title justifying the occupation, and the hearings give interested parties the opportunity to defend their rights, provided it is within a strict deadline.

Source: Official Gazette of Bizkaia (Boletín Oficial de Bizkaia), number 177, September 16, 2026, section II (official reference: BOB-2026a177-(II-4804)).