BOE-A-2026-13187 ·17 June 2026 ·Resolution Low impact
Tax

Foreign notarial documents: equivalence test with Spanish public documents required for land registry registration

The Directorate General for Legal Certainty and Public Faith analyses the validity of a marital property settlement document signed in Bulgaria for registration in the Land Registry. It establishes that a foreign notarial document is only registrable if it undergoes an equivalence test, meaning its characteristics must substantially match those required for a public document in Spain (Art. 4 Mortgage Law). A mere signature authentication before a foreign notary does not equate to the intervention of a Spanish notary if there is no verification of legal capacity (Art. 60 Law 29/2015).

In 2 key points

  1. Requirement of an equivalence test for foreign documents to be registrable in the Land Registry (art. 4 Ley Hipotecaria)
  2. Signature authentication before a foreign notary does not substitute Spanish notarial intervention if it lacks capacity verification (art. 60 Ley 29/2015)

How it affects those involved

For individuals and non-residents disposing of real estate in Spain using foreign documents, there is a high risk of rejection if the document does not guarantee the capacity of the parties involved. An apostille or translation is insufficient; the document must be functionally equivalent to a Spanish public deed. This affects both the main title and complementary documents, such as powers of attorney (Art. 4 Mortgage Law).

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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