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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a change of use from commercial premises to residential. The registrar suspended the registration, citing discrepancies between the Land Registry area (33.70 m²) and the municipal licence area (47.41 m²), which raised doubts regarding the identity of the property. The deciding body analysed the validity of identifying the property via its cadastral reference versus its postal address (Facts II; Legal Grounds II).
For individual owners, this resolution confirms that the cadastral reference is a reliable identification datum to overcome discrepancies in surface area or postal address before the Land Registry. It prevents a lack of updated postal addresses or differences in square footage between the Registry and municipal licences from obstructing the registration of a change of use, provided the cadastral reference remains consistent.
The tax team reviews your specific situation.
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