Key data
| Regulation | Resolution of 18 December 2025, of the Dirección General de Seguridad Jurídica y Fe Pública |
|---|---|
| BOE Publication | 24 March 2026 |
| Entry into force | 18 December 2025 |
| Affected parties | Photovoltaic plant developers, rural property owners and land registrars |
| Category | Regulatory Changes |
| Origin of the appeal | Refusal by the land registrar of Mula to register a lease over part of a property due to lack of georeferencing |
| Purpose of the lease | Construction of a photovoltaic plant |
Photovoltaic plant developers who lease agricultural land to install solar panels were facing a recurring registration blockage: the registrar required georeferencing of the leased portion of the property as a condition for registering the right. The Resolution of 18 December 2025 of the Dirección General de Seguridad Jurídica y Fe Pública (DGSJFP) closes this avenue of denial in an express and binding manner for all registrars.
The specific case that gives rise to the resolution is the refusal by the land registrar of Mula to register a lease right over part of a property intended for the construction of a photovoltaic plant, citing the lack of georeferenced coordinates of the affected portion. The DGSJFP upholds the appeal and orders the registration to be carried out.
What does this regulation establish?
The resolution establishes a technical distinction with highly relevant practical consequences: georeferencing is not a universal requirement for accessing the Land Registry. Its requirement is limited to specific cases.
| Registration scenario | Is georeferencing mandatory? |
|---|---|
| First registration of a property | Yes |
| Excess area proceedings | Yes |
| Creation of a real right over part of a property | No |
| Creation of a personal right (lease) over part of a property | No |
To register a lease over a portion of a property, the DGSJFP concludes that a sufficient description of the affected part is enough. Georeferenced coordinates are not required. This interpretation is binding on land registrars throughout Spain.
Economic and operational impact
The impact is not measured in a single figure, but in the elimination of an opportunity cost and a project risk that directly affected the financial viability of photovoltaic installations on leased land.
- Unblocked financing: Banks and funds that finance photovoltaic projects typically require that the right over the land be registered in the Land Registry. The inability to register the lease due to lack of georeferencing was blocking or increasing the cost of financing.
- Strengthened legal certainty: The registration of the lease in the Land Registry protects the developer against third-party acquirers of the property and against subsequent encumbrances. Without registration, the lessee is in a weaker legal position.
- Reduction of costs and timelines: Obtaining the georeferencing of a portion of a property requires the involvement of a technical expert, the preparation of a cadastral validation report and, on occasion, a coordination procedure with the Cadastre. Eliminating this requirement represents a direct saving in technical fees and processing time.
- Impact on the project pipeline: Many photovoltaic projects in the development or financing phase that were blocked for this reason can now move forward without needing to remedy the georeferencing issue.
Who is affected?
- Photovoltaic plant developers who have signed or are about to sign lease agreements over part of rural properties to install solar panels.
- Rural property owners who lease a portion of their land to renewable energy developers and need that lease to be registered to secure their legal position.
- Financial institutions and investment funds that finance photovoltaic projects and make financing conditional on the registration of the right over the land.
- Land registrars throughout Spain, who are bound by the DGSJFP's doctrine and cannot deny registration on these grounds.
- Lawyers, notaries and legal advisors who handle land lease transactions for renewable energy projects.
Practical example
A photovoltaic developer signs a lease agreement with a farmer in the Region of Murcia over 15 hectares of a 40-hectare rural property, to install an 8 MW solar plant. The agreement is executed as a public deed and submitted to the Land Registry for registration.
The registrar denies registration, arguing that the georeferenced coordinates of the 15 leased hectares within the parent property have not been provided.
Following the DGSJFP Resolution of 18 December 2025, the developer can appeal that negative qualification and demand registration by providing only a sufficient description of the leased portion (area, boundaries, location within the property). The registrar is obliged to carry out the registration without being able to require georeferencing as a prior condition.
With the lease registered, the developer can present the registered title to their financing bank and unblock the project's financing.
What should companies do now?
- Review blocked files: Identify whether there are lease agreements over part of a property for photovoltaic projects that have been denied by the Land Registry due to lack of georeferencing.
- File an appeal or resubmit: If a negative qualification exists for this reason, file an appeal with the DGSJFP or, if the registrar maintains their position, request a new qualification citing the Resolution of 18 December 2025 as the legal basis.
- Review agreements in progress: For leases that have not yet been submitted to the Registry, ensure that the deed includes a sufficient description of the leased portion (area, boundaries, location within the property) without requiring georeferencing.
- Inform financiers of the change: Notify banks or funds that were making financing conditional on registration that the obstacle has been removed by DGSJFP resolution and that registration is now viable.
- Update contract templates: Review with the legal team the standard land lease templates for photovoltaic projects, ensuring that the description of the leased portion is sufficient for the Registry without depending on georeferencing.
Frequently asked questions
Is georeferencing mandatory to register a lease over part of a property in the Land Registry?
No. According to the Resolution of 18 December 2025 of the DGSJFP, georeferencing is mandatory only for first registrations and excess area proceedings, but not for the creation of real or personal rights over portions of a property. A lease can be registered with a sufficient description of the affected part.
Can the registrar deny the registration of a photovoltaic lease due to lack of georeferenced coordinates?
They cannot. The DGSJFP expressly resolved that the registrar of Mula could not deny the registration of a lease right over part of a property intended for a photovoltaic plant on these grounds. A sufficient description of the affected portion is the only requirement needed.
What requirement is necessary to register the lease of part of a property for a solar plant?
It is necessary to provide a sufficient description of the part of the property over which the lease is being created. Georeferenced coordinates are not required. The resolution does not specify a particular format for the description, but it must clearly identify the affected portion.
From when is this resolution on photovoltaic leases applicable?
The DGSJFP Resolution is dated 18 December 2025 and was published in the BOE on 24 March 2026. It is applicable from the date of the resolution and is binding on all land registrars in Spain.
What impact does this resolution have on the financing of photovoltaic projects?
By removing the registration obstacle of georeferencing, developers can register the land lease more easily, which improves the legal certainty of the project and facilitates access to bank financing, which typically requires the registration of the right over the land.
Official source
View the full regulation at the official sourceDisclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-6847