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The Directorate General for Legal Certainty and Public Faith has confirmed that the rectification of the surface area of a private element under a horizontal property regime cannot be requested via simple petition if the applicant is not the registered owner of the property (Art. 18 of the Mortgage Law and Art. 98 of the Mortgage Regulations). In this instance, the registrar suspended the rectification of an apartment because the property was still registered under a third-party entity (Fecsa). The ruling clarifies that rectification may only be requested by the holder of the ownership or real right who is not registered, is erroneously registered, or is being aggrieved (Art. 18 of the Mortgage Law).
This ruling reinforces the necessity of legal standing in land registry procedures, ensuring that only those with proven registered rights can initiate surface area corrections, thereby preventing unauthorized modifications to property records.
The tax team reviews your specific situation.
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