BOE-A-2026-5488 ·9 March 2026 ·Resolution Low impact
Tax

Land Registrars: may initiate ex officio rectification proceedings for double registration without suspending sale registrations

The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's decision to suspend a sale registration upon detecting a double registration (Art. 209 of the Mortgage Law). It is established that initiating rectification proceedings for a double registration does not necessarily require the registry closure or the suspension of the registration of acquisition titles for the affected property. Under the new regime following Law 13/2015, the new registered owner is permitted to be a party to the rectification proceedings (Art. 209.1).

In 2 key points

  1. Rectification proceedings for double registration may be initiated ex officio by the registrar (Art. 209.1). (art. 209.1)
  2. The initiation of such proceedings must not prevent the registration of acquisition titles for the property in question. (Fundamentos de Derecho)

How it affects those involved

For buyers of properties with potential ownership conflicts, this ruling ensures that the registration of their sale deed is not indefinitely blocked by the opening of double registration rectification proceedings. While registrars retain the power to initiate these proceedings ex officio (Art. 209.1), the ruling suggests this should not impede the continuity of the chain of transfers, integrating the new owner into the process of resolving the registry conflict.

Lifecycle

2026-03-09PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.
PDF on boe.es

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