BOE-A-2026-5491 ·9 March 2026 ·Resolution Low impact
Tax

Appeal dismissed: registration qualification appeals cannot be used to annul the legalisation of minute books

The Directorate General for Legal Certainty and Public Faith has upheld the decision of the Property Registrar of Córdoba No. 1 to refuse the registration of a request to annul the legalisation of a minute book. The ruling establishes that the annulment of a prior authentication entry cannot be processed through a registration qualification appeal (Art. 322 et seq. LH). To challenge the registrar's decision regarding the authentication of the book, judicial proceedings must be pursued (Art. 325 and 328 LH).

In 2 key points

  1. The annulment of a minute book entry cannot be achieved through a registration qualification appeal (Art. 322 LH). (art. 322 LH)
  2. Challenges must be made via a claim before the Civil Court within a two-month period (Art. 328 LH). (art. 328 LH)

How it affects those involved

For individuals or communities seeking to correct errors in the legalisation of minute books, this ruling confirms that a qualification appeal is not the appropriate route to challenge completed acts of authentication. The affected party must file a claim before the Civil Court in the capital of the province where the property is located (Art. 325 LH). The time limit for this legal action is two months from the notification of the resolution (Art. 328 LH).

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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