BOE-A-2026-13176 ·17 June 2026 ·Resolution Low impact
Tax

Individuals: property ownership cannot be changed in the Land Registry based solely on an affidavit or Cadastre data

The Directorate General for Legal Certainty and Public Faith confirms that changing ownership in the Land Registry mandatorily requires the presentation of title deeds executed as a public deed (Art. 3 LH). A sworn statement before a notary or updating ownership in the Cadastre is insufficient, as the latter serves an essentially fiscal purpose and does not substitute for public registration titles (Art. 1.1 RDL 1/2004; Art. 1 LH).

In 2 key points

  1. A change in registered ownership requires titles recorded in a public deed, a final judgment, or an authentic document (Art. 3 LH). (art. 3 LH)
  2. The Cadastre is administrative and fiscal in nature, which is distinct from the purpose of the Land Registry (Art. 1.1 RDL 1/2004). (art. 1.1 RDL 1/2004)

How it affects those involved

For individuals who have sold a property, updating data in the Cadastre does not guarantee the clearance of their ownership in the Land Registry. The risk is that they may continue to appear as registered owners to third parties, which could lead to liabilities, unless the transfer is formalised through a public deed to comply with the principle of public titling (Art. 3 LH).

Lifecycle

2026-06-17PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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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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