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The Directorate General for Legal Certainty and Public Faith has resolved an appeal against a registrar's decision to suspend the registration of a deed involving a donation, new construction, and horizontal division. The registrar refused registration because the change in land classification from rural to urban had not been proven, and because the proposed horizontal division actually constituted a land subdivision requiring administrative licensing (Facts II).
For the owners and notaries involved, the resolution emphasises the need to provide conclusive evidence of urban land classification to the Land Registry to avoid suspensions (Facts II.1). Furthermore, it warns that creating independent units with exclusive land use may be classified as land subdivision rather than horizontal division, thereby requiring specific planning licences (Facts II.2).
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