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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 77 m2 dwelling. The registrar denied the registration on the grounds that the property is already part of a larger registered estate (no. 2,745), despite a previous negative certificate indicating that no registration for said dwelling existed. The legal conflict concerns whether a negative certificate of registration prevents a registrar from denying registration based on the registry history of adjacent or larger estates.
For property owners and notaries, this ruling highlights the importance of legal certainty regarding registration certificates. The case demonstrates that a negative certificate of registration does not guarantee the absence of prior ownership if the property is part of a larger registered unit. Those seeking to register land must verify not only the absence of the specific property in the indices but also its relationship to larger registered estates to avoid negative assessments.
The tax team reviews your specific situation.
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