Sub-communities of property owners: the Registry must register their bylaws even if not formally established

Key data

If your building has several stairwells that operate autonomously but have never been formally separated in the Registry, this resolution directly concerns you. The General Directorate of Legal Security and Public Faith (DGSJFP) has upheld the appeal against the refusal by the Barcelona Property Registry No. 20 to register the bylaws of a sub-community of property owners. The resolution, published on July 1, 2026 with reference BOE-A-2026-14286, establishes a clear criterion: the lack of formal establishment does not prevent registration of the bylaws.

What does this regulation establish?

The specific case refers to a Barcelona building composed of three stairwells. One of those stairwells approved its own bylaws through a public deed elevating to public record an agreement of the sub-community. The registrar suspended the registration arguing that, given the existence of a single registered property, it was not possible for a single stairwell to approve its own bylaws without having been previously established as an independent community.

The DGSJFP rejects this argument and upholds the appeal. The key foundations of the resolution are:

• Book Five of the Codi Civil de Catalunya recognizes the reality of de facto sub-communities and does not require their prior formal establishment for them to adopt their own bylaws.
• The minute books of each stairwell were kept separately, which proves the autonomous operation of each sub-community.
• The physical structure of the building allowed clear identification of the private and common elements of each sub-community.
• The legal requirements for adoption of agreements required for the approval of bylaws were met.

In summary: the factual and functional reality of the sub-community prevails over the absence of a formal act of establishment in the Registry. Provided the autonomy of management is proven and the procedures for adoption of agreements are respected, the bylaws are registrable.

Economic and operational impact

This resolution has relevant practical and economic consequences for property owners, property managers and real estate developers:

• Savings in registration segregation costs: Until now, many sub-communities assumed they needed to formally segregate the registered property before being able to approve their own bylaws. That process involves notarial, registration and sometimes municipal licensing costs. This resolution eliminates that prior requirement.
• Legal certainty in autonomous management: Registered bylaws bind all current and future property owners, which reduces internal conflicts and facilitates decision-making in the sub-community.
• Regularization of de facto situations: Buildings that have been operating for years with autonomous stairwells or blocks without registration support can now formalize that situation with ordinary notarial and registration costs, without the need for complex legal operations.
• Direct application in Catalonia: The resolution is based on Book Five of the Codi Civil de Catalunya, so its direct application is in Catalan territory. Nevertheless, it sets a relevant interpretive criterion for the rest of the State regarding the registration of bylaws of de facto sub-communities.

Who does it affect?

• Property owners in buildings with multiple stairwells or blocks that operate autonomously without formal registration separation.
• Property managers who manage multi-stairwell or multi-block communities without registered bylaws.
• Real estate developers who have delivered buildings with sub-community structure without having formally established them.
• Notaries and property registrars, who must apply the criterion set by the DGSJFP in similar operations.
• Lawyers and legal advisors specialized in real estate law, especially in Catalonia, where the Codi Civil de Catalunya applies.
• Communities of property owners in Catalonia with internal conflicts between stairwells or blocks that wish to adopt their own statutory framework.

Practical example

Imagine a building in Barcelona with three stairwells (A, B and C) that share a single registered property. Stairwell B has been holding its own meetings for years, has its minute book kept independently and manages autonomously its entrance, elevator and its own common areas. The property owners of stairwell B approve their own bylaws at a meeting and elevate them to a public deed before a notary.

Before this resolution, the registrar could—and in the specific case did—suspend the registration arguing that stairwell B is not an independent community because there is no separate registered property. After this DGSJFP resolution, that argument is not sufficient to deny registration: if the minute books are kept separately, the building structure allows identification of the sub-community elements and the legal requirements for adoption of the agreement have been met, the Registry must register the bylaws.

The practical result: stairwell B obtains registered bylaws that bind all its current and future property owners, without the need to segregate the registered property or formally establish an independent community.

What should communities do now?

1. Identify if the building has a de facto sub-community structure: Check if there are stairwells or blocks that operate autonomously with their own meetings and minute books, even if they are not registered separately.
2. Review the status of minute books: Verify that each sub-community has its minute book kept independently, as this is one of the key elements that proves functional autonomy before the Registry.
3. Call a meeting to approve own bylaws: If the sub-community does not have registered bylaws, call a meeting with the appropriate agenda and approve the bylaws meeting the quorum and majority requirements required by the Codi Civil de Catalunya (in Catalonia) or applicable regulation.
4. Elevate the bylaws to a public deed: Once approved, elevate them before a notary for subsequent presentation to the Property Registry.
5. Present the deed to the Registry: With the support of this DGSJFP resolution, the Registry cannot deny registration merely due to the lack of formal establishment of the sub-community, provided that functional autonomy is proven and legal requirements are met.
6. Consult with a specialized lawyer: Especially in Catalonia, where Book Five of the Codi Civil de Catalunya applies, to ensure that the procedure complies with current regional regulations.

Official source

Consult complete regulation in official source

Notice: This article is merely informative in nature and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-14286