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The Directorate General for Legal Certainty and Public Faith has upheld the suspension of the registration of a deed of sale for an undivided eighth share of a rural estate in Chiclana de la Frontera. The decision is based on the finding that the transfer of undivided shares, combined with the appearance of urbanisation and the lack of a subdivision licence, constitutes disguised illegal subdivision. The ruling emphasises that the existence of multiple sale deeds for shares of the same estate without individualised use allocation is an indication of fraud intended to subdivide non-urbanisable land.
This ruling reinforces the strict control over the subdivision of rural land, warning that the sale of undivided shares can be deemed an illegal subdivision if it aims to bypass urban planning regulations.
The tax team reviews your specific situation.
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