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BOE-A-2026-11145 ·23 May 2026 ·Resolution Low impact
Immigration

DGSJFP Resolution: Registration of change of use from commercial premises to residential allowed via prescription after 15 years

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a deed changing the use of commercial premises to residential. The resolution establishes that such a change can be registered if it is proven, via a technical certificate, that the factual situation has existed for more than 15 years, thereby exceeding the 6-year prescription period provided under Catalan regulations (Art. 207.1 TRLUC). The application of the 'continuing offence' doctrine, which sought to prevent the prescription of unlicensed use, was rejected.

In 2 key points

  1. Possibility of registering a change of use if the age of materials exceeding 15 years is proven (art. 28.4 TRLS)
  2. The prescription period for the action of restoration is 6 years according to Catalan regulations (art. 207.1 TRLUC)

How it affects those involved

For owners of properties that have converted commercial premises into dwellings without an administrative licence, the viability of regularising the registry status through prescription (Art. 28.4 TRLS) is confirmed. This allows for registration in the Land Registry based on the age of the materials (exceeding 15 years) and technical certificates, rather than depending exclusively on a municipal licence. It prevents the application of restrictive 'continuing offence' criteria that previously blocked the consolidation of de facto uses.

Lifecycle

2026-05-23PublishedPublished 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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