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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of a mortgage registration. It confirmed that the opening fee is an element of the contract price and is not subject to a registry control of proportionality (Articles 18 and 19 bis of the Mortgage Law). The resolution emphasises that if the fee is highlighted, quantified, and explained in the FEIN (Standardised Information Sheet) and the deed, it complies with the duty of transparency (Law 5/2019). It establishes that an opening fee is not abusive simply because it is high, provided it does not conceal a remunerative interest rate different from the one agreed upon.
For lending institutions, the ruling reinforces the validity of opening fees as long as they are correctly integrated into the APR and detailed in the pre-contractual documentation (FEIN) (Law 5/2019). For borrowers, the transparency of information (notarial act and signed declarations) is decisive for the validity of economic clauses. The Land Registrar cannot qualify a fee as abusive based solely on its amount if the information provided is clear and sufficient.
The tax team reviews your specific situation.
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