BOE-A-2026-4613 ·27 February 2026 ·Resolution Low impact
Tax

Land Registrars: prohibited from imposing new defects during the assessment of a rectification (non reformatio in peius principle)

The Directorate General for Legal Certainty and Public Faith establishes that land registration assessment must be unitary and complete, preventing Registrars from introducing new defects in a second assessment following a rectification (Art. 119.3 Law 39/2015). In this instance, the requirement for urban planning compliance and community consent, which had not been raised in the initial assessment, was annulled. The resolution protects the principle of 'non reformatio in peius' to ensure effective judicial protection.

In 2 key points

  1. Prohibition of introducing new defects during the assessment of a rectification (non reformatio in peius principle) (art. 119.3 Ley 39/2015)
  2. Land registration assessment must be unitary and complete to guarantee effective judicial protection (Hechos V)

How it affects those involved

For notaries and real estate professionals, the resolution limits the ability of Registrars to 'perfect' their defects during rectification stages, obliging them to identify all errors in the first assessment. For companies and individuals involved in the sale of undivided shares (such as garages or storage rooms), this reduces legal uncertainty and the risk of successive registration blocks due to requirements not initially foreseen.

Lifecycle

2026-02-27PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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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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