Urban planning marginal note from 1994: when it can be cancelled and what the Registry requires

Key data

You have a property with work declared decades ago, without a license, and you have been thinking for years that time will have "erased" the problem. This resolution shows that it has not. The Property Registry of Teguise suspended the cancellation of a marginal note of urban irregularity registered in 1994 because the owner presented only a private request, without any document proving either the license or the expiration of administrative powers.

The Resolution of April 6, 2026 from the General Directorate of Legal Security and Public Faith confirms the registrar's position and establishes clear doctrine with direct implications for property owners with old unlicensed works in Canarias and other regions with similar regulations.

What does this regulation establish?

Article 15.2 of Law 7/1990 of Canarias establishes a limited regime for the cancellation of marginal notes of urban irregularity. There is no room for interpretation: only two valid paths exist.

What does not work in any case:

• A private request or document from the interested party.
• Mere allegation of the passage of time.
• Any unilateral statement by the owner without official documentary support.

The resolution emphasizes that the municipal certification must meet two specific requirements: identify the property unequivocally and expressly indicate that the Administration can no longer order demolition or impose sanctions. A generic certificate is not sufficient.

Economic and operational impact

An active marginal note of urban irregularity in the Registry has very specific economic and operational consequences for the owner:

• Blocking of transfer: Buyers and their lenders detect the note in the registry search. In practice, many purchase and sale operations are paralyzed or negotiated with significant discounts on the price.
• Difficulty obtaining mortgage financing: Banking entities are reluctant to grant mortgages on properties with pending urban charges.
• Latent demolition risk: While the note is active, there is registry evidence that the work could be subject to demolition orders or administrative sanctions, although in practice the powers may have prescribed.
• Cost of the cancellation process: Obtaining the appropriate municipal certification requires time, management with the municipality, and usually the intervention of a specialized lawyer or manager.

The impact is especially relevant in active real estate markets such as Canarias, where the demand for vacation and residential housing means that any registry charge has a direct effect on the market value of the property.

Who does it affect?

• Property owners in Canarias with declarations of new work registered without a license, especially those carried out in the 1980s and 1990s.
• Property owners in other autonomous communities with similar urban planning regulations that provide for marginal notes of irregularity.
• Buyers and developers evaluating the acquisition of properties with pending urban charges.
• Financial entities analyzing mortgage guarantees on properties with active marginal notes.
• Lawyers, managers, and real estate advisors processing operations on this type of property.
• Municipalities and local administrations in Canarias, which are the only competent bodies to issue the certification that enables cancellation.

Practical example

A property owner in Teguise (Lanzarote) has a single-family home with a declaration of new work registered in the Property Registry in 1994. At the time of registration, a marginal note of urban irregularity was made because the work lacked a license.

More than 30 years have passed. The owner wants to sell the home, but the buyer requires that the note be cancelled before signing. The owner submits a private request to the Registry requesting cancellation due to expiration, arguing that the time elapsed makes any administrative action impossible.

Result: The registrar suspends the cancellation. The General Directorate of Legal Security and Public Faith confirms the suspension. To unblock the operation, the owner must go to the Municipality of Teguise and obtain a municipal certification that identifies the property and expressly indicates that the Administration can no longer order demolition or impose sanctions. Only with that document in hand can the Registry cancel the note and the sale can proceed.

What should property owners do now?

1. Consult the Property Registry: Request a simple note of your property to check if there is any active marginal note of urban irregularity. It is the first step before any operation.
2. Identify the applicable regulation: If the property is in Canarias, the reference regulation is Article 15.2 of Law 7/1990. If it is in another autonomous community, verify if equivalent regulation exists.
3. Do not submit only a private request: The resolution makes clear that it does not work. You will save time and costs if you go directly to the correct route.
4. Go to the competent municipality: Request a municipal certification that identifies the property and expressly indicates that the Administration can no longer order demolition or impose sanctions for the urban irregularity.
5. Consider the alternative route: If you can prove that the work has a license (or that it was granted later), provide that documentation to the Registry. It is the other valid route according to Article 15.2 of Law 7/1990.
6. Count on specialized advice: Obtaining the municipal certification and presenting it to the Registry requires knowing the exact requirements. A lawyer or manager specialized in urban and real estate law can prevent further suspensions.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only 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-2026-15515