The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against the suspension of the registration of a deed for descriptive adjustment and horizontal division in Las Palmas de Gran Canaria. The Registrar suspended the entry because the establishment of the horizontal property regime did not comply with the setback single-family dwelling use typology stipulated in the General Urban Plan (qualification note). Furthermore, deficiencies were noted in the technical documentation regarding a listed building and the requirement for additional urban planning licences (Articles 18, 19, and 19 bis of the Mortgage Law).
For the entity Julube, SL, the resolution implies the need to rectify the discrepancies between the physical reality and the urban planning classification of the property to achieve registration. Owners of listed buildings face a higher technical burden of proof, having to provide all catalogue files and plans (Articles 330 and 332 of Canary Islands Law 4/2017). The resolution emphasises that changing the use from a single-family dwelling to horizontal property requires specific municipal licences and strict compliance with heritage protection regulations.
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