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BOE-A-2026-12831 ·13 June 2026 ·Resolution Low impact
Tax

Registration of surface rectification denied if all elements (mezzanines) are not declared or if they affect common areas

The Directorate General for Legal Certainty and Public Faith has upheld the refusal to register a deed for the adaptation of a property to the Cadastre and the rectification of its surface area. The ruling establishes that it is not possible to register surface areas that include elements not declared in the deed (such as a mezzanine) as this violates the principle of speciality and the chain of title (Art. 20 of the Mortgage Law). Furthermore, the registration of surface areas that affect common elements is prohibited, as it contradicts the concept of private elements (Arts. 3 and 5 of the Horizontal Property Law).

In 2 key points

  1. Refusal due to failure to declare elements (mezzanine) and breach of the chain of title, Art. 20 of the Mortgage Law (art. 20 Ley Hipotecaria)
  2. Prohibition of registering surface areas that affect common elements, Arts. 3 and 5 of the Horizontal Property Law (arts. 3 y 5 Ley de Propiedad Horizontal)

How it affects those involved

For owners seeking to coordinate the Land Registry description with the Cadastre, the ruling warns that any discrepancy involving the inclusion of surfaces not expressly declared (such as mezzanines) or affecting common areas will result in the refusal of registration. This necessitates ensuring that the public deed provides absolute precision regarding all elements comprising the property's surface area to comply with the principle of speciality and the chain of title (Art. 20 of the Mortgage Law).

Lifecycle

2026-06-13PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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