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BOE-A-2026-5173 ·5 March 2026 ·Resolution Low impact
Tax

Inversiones y Gestiones Huércal-Overa, SL: possibility of registering rectification of private elements in the Land Registry

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the refusal of the Huércal-Overa Registrar to register a deed rectifying the description of private elements (Articles 18 and 19 Bis of the Mortgage Law). The company sought to adjust the description of eight elements (storage rooms converted into attics) in accordance with the Huércal-Overa General Urban Development Plan (PGOU) without altering surface areas or boundaries. The resolution addresses the validity of registering descriptive modifications based on technical reports and the ownership of the properties.

In 2 key points

  1. The rectification seeks to adjust the description of eight elements to the physical reality according to the Huércal-Overa PGOU (Hechos I)
  2. The registrar denied registration as it was determined that some properties do not belong to the appearing company (Hechos II)

How it affects those involved

For the company, the ruling allows progress in the registry regularisation of its real estate assets, overcoming the registrar's negative assessment which prevented registration due to a lack of ownership of certain properties (Articles 18 and 19 Bis of the Mortgage Law). For the owners of the modified elements, the ruling is key to ensuring that the physical reality of their properties (attics with lighting and ventilation) matches the registry description, thereby guaranteeing legal certainty in real estate transactions.

Lifecycle

2026-03-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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