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BOE-A-2026-5821 ·12 March 2026 ·Resolution Low impact
Tax

New build declarations: mandatory disclosure of polluting activities required for registration of completion certificates

The Directorate General for Legal Certainty and Public Faith has confirmed that new build declarations must include an express statement regarding any potentially polluting activities (Art. 98.3 Law 7/2022). This declaration is an essential requirement for the Registrar to carry out the mandatory marginal note and relevant communications. Furthermore, the accreditation of georeferenced coordinates for the area occupied by the construction is required (Art. 202 LH).

In 2 key points

  1. Obligation to declare potentially polluting activities in new build declarations, Art. 98.3 Law 7/2022 (art. 98.3)
  2. Requirement to provide georeferenced coordinates of the occupied surface area, Art. 202 LH (art. 202 LH)

How it affects those involved

For owners and developers, new build declarations must mandatorily state whether any potentially polluting activities have been carried out on the property, otherwise the Registrar may refuse registration (Art. 98.3 Law 7/2022). Notaries must ensure these statements are included in the title to comply with waste and contaminated soil regulations. Additionally, registration requires the technical provision of georeferenced coordinates for the construction (Art. 202 LH).

Lifecycle

2026-03-12PublishedPublished 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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