The Directorate General for Legal Certainty and Public Faith has confirmed the suspension of the registration of a sale of undivided shares in Chiclana de la Frontera. The ruling establishes that the transfer of undivided interests that constitute a de facto subdivision of non-developable land requires the mandatory subdivision licence (Art. 91 Law 7/2021 of Andalusia and Art. 139.2 Decree 550/2022). It warns that using the sale of undivided shares to circumvent urban planning regulations may constitute fraud of law (Art. 6.4 Civil Code).
For buyers of land held in undivided ownership, the absence of a subdivision licence prevents the property from being registered in the Land Registry, even if they hold an urban cadastral certificate. Commercial entities marketing undivided shares in non-developable land without proper administrative accreditation will be unable to provide legal certainty to their clients. Control over illegal subdivision is strengthened through the requirement of specific administrative titles (Art. 78 RD 1093/1997).
The tax team reviews your specific situation.