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BOE-A-2026-294 ·5 January 2026 ·Resolution Low impact
Tax

Applicants for land registry certificates: use of professional email does not justify denial of information without prior request for rectification

The Directorate General for Legal Certainty and Public Faith has overturned the refusal to provide an informative land registry certificate (nota simple) based solely on the applicant using a professional email address. The ruling establishes that a declaration of acting 'in one's own name' must prevail, unless there are objective doubts that require the registrar to request rectification under Law 39/2015, rather than summarily denying the information (legal grounds).

In 2 key points

  1. The declaration of acting in one's own name prevails unless there is objective doubt requiring rectification (fundamentos de derecho)
  2. The use of a professional email is not sufficient grounds to presume acting on behalf of another (fundamentos de derecho)

How it affects those involved

For professionals requesting registry information (lawyers, agents, real estate companies), it is confirmed that the use of corporate email accounts does not allow Registrars to automatically presume acting on behalf of another to demand identification of the end client. In the event of reasonable doubt regarding legitimacy, the registrar is obliged to request clarifications or rectification before denying access to the information (Art. 221 of the Mortgage Law).

Lifecycle

2026-01-05PublishedPublished 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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