Copies of registered deeds: the registrar cannot issue them, go to the notary

Key data

If you have asked the property registrar for a copy of the deed that originated a registration, the legal answer is no. The Resolution of 25 May 2026 from the General Directorate of Legal Security and Public Faith (DGSJFP) makes it clear: the registrar can only certify the content of the register books and documents he keeps in his archive as natural archivist. Public deeds belong to the notarial protocol, and only the authorizing notary—or his legal successor—can issue copies of them.

The case that gives rise to this resolution is that of the Municipality of Sant Vicenç de Castellet, which requested from the property registrar of Manresa no. 4 the complete file of a registration, including the deed that motivated it. The municipality argued that it needed that documentation to exercise its urban planning discipline powers after receiving the registral notification of old new construction registered without municipal certification. The registrar refused to issue a copy of the deed, and the DGSJFP has ruled in his favor.

What does this resolution establish?

The resolution establishes a fundamental distinction between two types of documentation:

In other words: the registrar can certify data such as the notary's name, the date of the deed, the protocol number or the place of execution. But cannot reproduce or issue a copy of the document itself, because it is part of the notarial protocol and is under the exclusive custody of the notary.

To obtain the deed, the interested party—whether a municipality, an individual or any entity—must contact the authorizing notary directly, proving his right in accordance with the Notarial Regulations.

Operational impact and practical consequences

This resolution does not generate direct costs, but it does have a clear operational impact: it lengthens deadlines and adds a step to the procedure for those who need the original deed.

• Management of urban planning files: Municipalities that need the deed to process urban planning discipline, licenses or inspections must initiate an additional procedure with the notary, with the resulting deadlines.
• Proof of right before the notary: It is not enough to request it: you must prove your right to obtain the copy in accordance with the Notarial Regulations. This may require additional documentation.
• Risk of delays: If the authorizing notary no longer practices, you must locate his legal successor, which can complicate and lengthen the process.
• Certainty about what you can request from the registrar: The registrar can issue certification with the identifying data of the deed (notary, date, protocol number). That document is the starting point for locating the correct notary.

Who does it affect?

• Municipalities and local administrations: Especially in urban planning discipline procedures, inspection of works or regularization of old buildings registered without municipal certification.
• Property registrars: Must refuse requests for copies of deeds and direct the applicant to the competent notary.
• Citizens and individuals: Who need the deed that originated a registration on their property or on a third party's property.
• Lawyers, managers and real estate advisors: Who process operations or litigation in which it is necessary to prove the registered title.
• Developers and builders: Affected by urban planning discipline files related to old new construction.

Practical example

The very case that gives rise to this resolution is the clearest example. The Municipality of Sant Vicenç de Castellet receives the registral notification that old new construction has been registered in its municipal area, without municipal certification being provided. The municipality, to exercise its urban planning discipline power, needs to know the exact content of the new construction deed.

The municipality requests from the property registrar of Manresa no. 4 the complete file of the registration, including the deed. The registrar refuses to issue a copy of the deed. The municipality appeals to the DGSJFP, which dismisses the appeal and confirms the registrar's qualification note.

What should the municipality have done? First, ask the registrar for the certification with the identifying data of the deed (notary, date, protocol number). With that information, contact the authorizing notary directly—or his legal successor if he no longer practices—and request a copy of the deed, proving his status as a public administration with urban planning powers in accordance with the Notarial Regulations.

What should affected parties do now?

1. If you need the deed that motivated a registration: Do not request it from the registrar. Contact the authorizing notary or his legal successor directly.
2. First request the registral certification of identifying data: Ask the registrar to certify the identifying data of the deed (name of the notary, date, protocol number, place of execution). He can do this and will give you the information needed to locate the notary.
3. Prove your right before the notary: Prepare the documentation that justifies your right to obtain the copy in accordance with the Notarial Regulations. If you are a public administration, prove your powers in the matter.
4. Locate the legal successor if the notary no longer practices: If the authorizing notary has ceased, retired or died, you must identify who keeps his protocol. The corresponding Notarial Bar Association can guide you.
5. If you are a registrar: When requests for copies of deeds are received, issue a qualification note refusing the issuance and direct the applicant to the competent notary. This resolution supports that action.
6. Review your internal procedures: If in your organization (municipality, management firm, law firm) there was a practice of requesting these copies from the registrar, update the protocol to avoid unnecessary delays in future files.

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-2026-21068