Skip to content
BOE-A-2026-11129 ·23 May 2026 ·Resolution Low impact
Tax

Entities with registry liens: DGSJFP rules that certificate of charges prevents expiry and allows for extension of the annotation

The Directorate General for Legal Security and Public Faith has ruled that issuing a certificate of ownership and charges extends the validity of a preventive lien annotation for an additional 4 years (Art. 86 LH). The resolution dismisses the refusal by the Registrar of Pineda de Mar, clarifying that if the certificate prevents cancellation due to expiry, it also prevents the entry from being considered expired for the purposes of requesting an extension. Any mandate presented following the certification must be admitted if submitted within this new period of validity.

In 2 key points

  1. The certificate of charges extends the validity of the lien annotation for 4 years from its issuance (Hechos IV)
  2. If the certificate prevents cancellation due to expiry, the entry is not expired and is eligible for extension (Art. 86 LH) (Hechos IV)

How it affects those involved

For creditor entities (such as the Institut Català de Finances), issuing certificates of charges acts as a protective mechanism that prevents the automatic expiry of liens, allowing for extension requests under Art. 86 of the Mortgage Law. For Registrars, the ruling limits restrictive interpretations that sought to separate the 'cancellation' effects of the certificate from the 'validity' effects required for an extension. Debtors cannot claim the entry has expired if a prior certificate of charges exists that has extended said period.

Lifecycle

2026-05-23PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

Does this provision affect you?

The tax team reviews your specific situation.

Talk to the tax team
This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
Email
Contact