Handwritten signature without notary to register State properties: what changes in 2026

Key data

Public Administrations that transfer real estate can no longer have the registration blocked due to lack of notarial authentication of the signature, provided they present the original administrative document on paper with original handwritten signatures. This has been confirmed by the General Directorate of Legal Security and Public Faith in its Resolution of June 17, 2026, published in the BOE on October 22, 2026 (reference BOE-A-2026-22022).

The specific case that gave rise to the resolution: the property registrar of O Carballino-Rivadavia suspended the registration of a sale of State real estate presented by the Delegation of Economy and Finance of Ourense, arguing that the handwritten signatures were not notarially authenticated and that the document lacked an electronic CSV (Secure Verification Code). The DGSJFP upheld the appeal and set aside that negative qualification.

What does this regulation establish?

The resolution clarifies the scope of Article 113.2 of Law 33/2003, on the Assets of Public Administrations, which authorizes public administrations to register their real estate transfers by means of an administrative document, without the need for a notarial public deed.

The key points established by the DGSJFP are as follows:

• Original document on paper with original handwritten signature: is sufficient title for registration. No additional authentication requirement can be demanded.
• Notarial authentication of the signature is not required when the document presented is the original physical document, not a copy.
• Electronic CSV (Secure Verification Code) is not required in documents that are presented in original paper format.
• Equivalence between qualified electronic signature and handwritten signature: operates in both directions. If the qualified electronic signature is equivalent to the handwritten one, the original handwritten signature is also equivalent to the qualified electronic one, without any additional authentications being required.
• Scope of application: all transfers of public assets that are documented administratively, not just the specific case of Ourense.

Economic and operational impact

The most immediate impact is the elimination of a procedural obstacle that generated costs and delays in the transfer of public assets. Until now, when a registrar required notarial authentication, the Administration had to:

• Bear the cost of notarial intervention (fee schedule based on the value of the property).
• Manage additional time periods to obtain the authenticated signature or the CSV.
• In some cases, appeal the negative qualification, with the cost of time and resources that entails.

With this resolution, public administrations can register directly by presenting the original document, without additional notarial cost and without depending on each registrar's interpretation. This is particularly relevant in operations involving the sale, transfer or exchange of public real estate of any amount.

From an operational perspective, asset management departments and Delegations of Economy and Finance must update their internal protocols to ensure that they preserve and always present the original paper document, since it is precisely that originality that enables direct registration.

Who does it affect?

• Delegations of Economy and Finance of all autonomous communities that manage transfers of State real estate.
• Asset management departments of ministries, autonomous bodies and public business entities that transfer real estate.
• Property registrars who qualify administrative documents for the sale of public real estate: they must adjust their qualification criteria to this doctrine.
• Autonomous Communities and Local Entities that document administratively their real estate transfers under Law 33/2003.
• Legal advisors and State lawyers who accompany these procedures and must know the applicable doctrine to avoid unnecessary appeals.

Practical example

The Delegation of Economy and Finance of Ourense sells a State property and formalizes the sale by means of an administrative document on paper, signed by hand by the parties involved. It presents that original document before the Property Register of O Carballino-Rivadavia for registration.

The registrar suspends the registration arguing that the signatures are not notarially authenticated and that there is no electronic CSV. The Delegation files an appeal with the DGSJFP.

The DGSJFP upholds the appeal: the original administrative document on paper with original handwritten signatures is sufficient title under Article 113.2 of Law 33/2003. The registrar cannot require either notarial authentication or CSV when the document presented is the original physical document. Registration must be carried out.

Practical result: the Delegation avoids notarial cost, procedural delay and the need to obtain a CSV for a document that already exists in original format.

What should Administrations do now?

1. Review internal document management protocols: ensure that administrative documents for the sale of real estate are preserved in original paper format and that this original is what is presented to the Register, not copies or reproductions.
2. Inform asset management departments and legal units that notarial authentication or CSV is not required when the original physical document is presented, under Article 113.2 of Law 33/2003.
3. In the event of a negative qualification for this reason: file an appeal with the DGSJFP citing this resolution (BOE-A-2026-22022) as applicable doctrine. The DGSJFP has already ruled clearly and favorably.
4. Registrars: adapt the qualification criteria for administrative documents of transfer of public assets. Requiring notarial authentication or CSV for original paper documents is contrary to DGSJFP doctrine.
5. Legal advisors: incorporate this resolution into the standard arguments in procedures for registration of public assets to avoid unnecessary delays.

Official source

View 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-2026-22022