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BOE-A-2026-12835 ·13 June 2026 ·Resolution Low impact
Tax

Resolution of 26 February 2026, of the Directorate General for Legal Certainty and Public Faith, regarding the appeal against the refusal of

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a sale and purchase deed. The resolution examines the validity of a condition precedent stating that if an administrative milestone is not met within 48 months, the sale and purchase will be automatically perfected (Facts I and III). The case highlights the tension between corporate freedom of contract and the registrar's assessment regarding the nature of agreed conditions.

In 2 key points

  1. Possibility of agreeing that the sale and purchase shall be perfected if the condition is not met within the specified period (Facts III). (Hechos III)
  2. 48-month period for the fulfilment of the condition precedent relating to the authorisation of works (Facts II). (Hechos II)

Lifecycle

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

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