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BOE-A-2026-5489 ·9 March 2026 ·Resolution Low impact
Tax

Land Registrars: authority to assess the legality of administrative procedures for the disposal of local government assets

The Directorate General for Legal Certainty and Public Faith has ruled on a Registrar's capacity to suspend the registration of a lease deed for a photovoltaic plant. The dispute arose because the Local Council used a public tender instead of the auction required by the Local Government Assets Regulations (Art. 92). The ruling establishes that the registrar's assessment must extend to the essential steps and incidents of the administrative procedure (Art. 99 of the Mortgage Regulations).

In 2 key points

  1. The registrar must assess whether the procedure followed by the Administration is the one legally established (Fundamentos de Derecho Segundo)
  2. The registrar's assessment must extend to the essential steps and incidents of the procedure (Art. 99 of the Mortgage Regulations) (Fundamentos de Derecho Segundo)

How it affects those involved

For local authorities, the choice of procedure for transferring the use of patrimonial assets must strictly comply with regulations to avoid the suspension of their registration (Art. 92 of the Local Government Assets Regulations). For companies contracting with the Administration (such as Onatrium Solar 1, S.L.U.), there is a risk that their leasehold rights may not be registrable in the Land Registry if the award procedure is improper. Registrars retain the power to review whether the essential steps of the administrative procedure have been respected.

Lifecycle

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

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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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