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.
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.
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