The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal to register a real estate exchange. The resolution establishes that to register assets belonging to Public Administrations that are not currently registered, prior registration in favour of the Administration is mandatory. Furthermore, it determines that the report on the deregistration of public domain assets must be a formal administrative certification issued by the Secretary with the Mayor's approval, rather than a mere report, to comply with the principle of authentic title (Art. 3 of the Mortgage Law).
Companies engaging in property exchanges with local councils must adhere to strict formal requirements regarding the documentation of the deregistration of public assets to avoid registration refusals in the Land Registry. Local councils must ensure that their deregistration acts are formalised through an administrative certification authorised by the Secretary and the Mayor, in accordance with the Local Entities Assets Regulations (Art. 32 et seq.), to guarantee the validity of the title for land registry purposes.
The tax team reviews your specific situation.