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BOE-A-2026-12828 ·13 June 2026 ·Resolution Low impact
Tax

Land Registrars: cannot register transactions based on simple municipal communications without positive silence certification

The Directorate General for Legal Certainty and Public Faith confirms the legality of a registrar's refusal to register transactions based on a letter from a City Council. For the positive silence of a planning licence to be registrable, an express certification from the City Council is required to prove its occurrence and ensure it does not contravene planning regulations (legal grounds). A document consisting of mere municipal communication is not sufficient to trigger a registration operation (qualification note).

In 2 key points

  1. To register positive silence, an express certification from the City Council is required to prove its occurrence and legality (fundamentos de derecho)
  2. If the transaction does not require a licence, a certificate of non-requirement issued by the City Council must be presented (fundamentos de derecho)

How it affects those involved

For commercial companies seeking to rely on positive silence in planning procedures (such as land subdivisions or amalgamations), the mere existence of silence is insufficient for registration; they must obtain an express certification from the City Council (legal grounds). For City Councils, it is reaffirmed that their informative communications lack the force to compel a registrar to make entries without adequate documentary support. Registrars maintain their power of qualification to reject documents that fail to meet requirements for extrinsic legality and the validity of acts (Art. 18 Mortgage Law).

Lifecycle

2026-06-13PublishedPublished 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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