BOE-A-2026-17353 ·8 August 2026 ·Resolution not-relevant
Administrative

Heirs must declare absence of soil-contaminating activities to register inheritance

The Directorate General for Legal Certainty and Public Faith confirms that deeds of acceptance and adjudication of inheritance must expressly state whether any potentially contaminating activity has been carried out on the land (Art. 98.3 Law 7/2022). The ruling establishes that the relevant date is that of the public deed of transfer, rather than the date of the deceased's death. This requirement is intended to ensure compliance with waste and contaminated soil regulations.

In 2 key points

  1. Mandatory declaration of whether potentially contaminating activities have been carried out on the soil (Art. 98.3 Law 7/2022). (art. 98.3 Ley 7/2022)
  2. The declaration must be made in the transfer title, regardless of the date of death (Art. 98.3 Law 7/2022). (art. 98.3 Ley 7/2022)

How it affects those involved

Heirs and individuals registering real estate following a death are now obliged to include a declaration regarding potential soil contamination in the deed of adjudication (Art. 98.3 Law 7/2022). Failure to meet this formal requirement allows the Registrar to suspend the property registration. This criterion applies even if the death occurred before Law 7/2022 came into force.

Lifecycle

2026-08-08PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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