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BOE-A-2026-10571 ·15 May 2026 ·Resolution Low impact
Tax

Homeowners' associations: Directorate General for Legal Certainty orders registration of judgment limiting premises division

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a court judgment. The resolution establishes that it is possible to register a judgment that dismisses the nullity of a general meeting agreement denying the division of a premises into several apartments, even if such registration only affects a portion of the property's share (65%) (grounds III).

In 2 key points

  1. It is possible to register the judgment even if its effects are limited to the 65% condominium share of the property (grounds III). (fundamentos III)
  2. Registration is appropriate to reflect the legal status of the assets and its erga omnes significance (grounds II.5.c). (fundamentos II.5.c)

How it affects those involved

For homeowners' associations, the resolution reinforces the ability to register judgments that protect the integrity of horizontal property against unauthorised division attempts (grounds II). For companies owning partial shares, the registration of the judgment limits their ability to act upon the property as the legal status of the estate is reflected in the Land Registry (grounds II.5).

Lifecycle

2026-05-15PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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