The Directorate General for Legal Certainty and Public Faith has overturned a registrar's refusal to record the non-habitability status of a penthouse floor. The ruling establishes that if reliable technical documentation exists (such as a certified technical project), the Registrar must record the presentation and issue a formal assessment rather than refusing the document's entry (Art. 18 LH). It emphasises that omitting relevant urban planning restrictions violates the principles of concordance and legal certainty (Arts. 1 and 9 LH).
For owners or neighbouring parties with a legitimate interest, this guarantees that the Land Registry can reflect the urban planning reality of a property (such as the lack of a habitability licence) through the submission of certified technical projects (Art. 40.d LH). This prevents discrepancies between legal reality and registry content, protecting transparency in real estate transactions. Registrars may not refuse the entry of public documents that prove registry inaccuracies under the pretext that such authority belongs solely to the Administration (Art. 253.3 LH).
The tax team reviews your specific situation.