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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal filed by a notary against a registrar's decision to suspend the registration of a sale. The registrar refused registration on the grounds that the registered property is not designated as containing storage rooms and that there is no consent from the community of owners to grant exclusive use and enjoyment of them (Articles 9 and 18 of the Mortgage Law; Articles 553-23 et seq. of the Civil Code of Catalonia).
For purchasers of undivided shares, the resolution of such appeals determines the feasibility of registering rights of use and enjoyment over common elements (storage rooms or parking spaces) against the community of owners. The conflict lies in the discrepancy between the physical reality of the property and its registered description, as well as the requirement for community consent to attribute exclusive uses (Articles 553-23 et seq. of the Civil Code of Catalonia).
The administrative team reviews your specific situation.
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