The Directorate General for Legal Certainty and Public Faith has ruled that the absence of a municipal licence for a subdivision carried out in 1978 does not prevent its registration in the Land Registry. It is established that, in the absence of a regulation declaring the radical nullity of the subdivision and given the potential statute of limitations on infractions, the registry treatment is compatible with civil efficacy and the consolidated status of the legal act. The resolution highlights that the impossibility of restoring urban planning legality allows for registration, even without the original licence.
For owners of estates subdivided prior to current urban planning regulations, legal certainty is confirmed for registering property titles in the Land Registry despite the absence of municipal licences (Facts II). Registrars may not suspend registration based solely on urban planning doubts if the act is civilly effective and the infraction is time-barred or does not allow for measures to restore legality. This prevents the paralysis of the transfer of consolidated rights through the registry qualification process.
The administrative team reviews your specific situation.