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BOE-A-2026-14983 ·9 July 2026 ·Resolution Low impact
Tax

Companies and Councils: Deregistration of public assets requires formal certification by the Secretary with the Mayor's approval for registration

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).

In 3 key points

  1. Deregistration requires an administrative certification issued by the Secretary with the Mayor's approval (art. 32 y ss. Reglamento de bienes de las entidades locales)
  2. Unregistered Public Administration assets require prior registration in their favour (Hechos II)
  3. Titles must comply with the principle of authentic title (public deed or authentic document) (art. 3 Ley Hipotecaria)

How it affects those involved

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.

Lifecycle

2026-07-09PublishedPublished in the BOE
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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