Skip to content
BOE-A-2026-12687 ·11 June 2026 ·Resolution Low impact
Tax

Application of Article 201 of the Mortgage Law rejected due to lack of legitimacy in process initiation

The Resolution of 18 February 2026 rejects the processing of Article 201 of the Mortgage Law due to insufficient manifestation of property in the initial application (art. 2). This rejection applies to applicants submitting over-capacity registration applications without meeting formal legitimacy requirements.

In 1 key point

  1. The procedure is rejected due to lack of legitimacy at the outset (art. 2)

How it affects those involved

Applicants seeking registration of excess occupancy who initiate the process without adequately demonstrating ownership or legal title to the property face rejection of their application. Notaries and administrative bodies must carefully review documents proving legal title before accepting the initiation of the procedure. Property advisors should advise their clients of the necessity to provide clear evidence of inheritance or ownership by public deed.

Lifecycle

2026-06-11PublishedPublished 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