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BOE-A-2026-12847 ·13 June 2026 ·Act critical
Tax

Plaintiffs with excess area: 3 months to appeal denial of land registry certification

The Resolution of 3 March 2026 denies land registry certification due to an alteration of the property's physical reality caused by an excess of area. The property owner (Ms M. G. S. C.) requested an increase from 642 to 773 m², which is considered an alteration of the previously registered georeferencing. The appeal is filed under Article 201.1 of the Mortgage Law (cite: original text). Although the specific deadline for filing an appeal is not stated in the text, the procedure is based on the processing of ownership by excess area.

In 2 key points

  1. Denial of certification due to physical alteration of a property with excess area (texto original)
  2. Excess area increase from 642 to 773 m² in a property located in the municipality of El Escorial (Hechos I)

How it affects those involved

Owners of properties with excess area must act swiftly upon the denial of certification, as changes in surface area affect the registered physical reality. Registry administrations will maintain a denial if a physical alteration is detected. Advisors must evaluate whether the excess area is justified and if there is grounds for an appeal. Affected individuals should review their records and potential claims regarding surface area alterations.

Lifecycle

2026-06-13PublishedPublished in the BOE
2026-03-03Into forceComes into force (Resolución de 3 de marzo de 2026)
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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