Key data
| Regulation | Resolution of July 21, 2026, from the General Directorate of Legal Security and Public Faith (DGSJFP) |
|---|---|
| Publication | November 5, 2026 |
| Entry into force | Not specified |
| Affected parties | Individuals who grant mortgage loans, notaries and property registrars |
| Category | Real Estate |
| Interpreted regulation | Law 5/2019, of March 15, regulating real estate credit contracts |
| Source of the appeal | Property Registrar of Solsona |
If you have ever lent money to a family member or acquaintance, guaranteeing repayment with a mortgage, or if you advise clients who do so, this DGSJFP resolution directly affects you. The Property Registrar of Solsona suspended the registration of a mortgage between individuals, arguing that the lender was a professional—and therefore had to comply with Law 5/2019 on real estate credit—based on the fact that said lender had two mortgage loans in their name.
The appealing notary demonstrated, through consultation of the notarial index, that the lender had not granted two or more mortgage loans in the last four years and that he himself declared not to be engaged habitually in this activity. The DGSJFP upheld the appeal and established doctrine: mere ownership of two mortgages does not make anyone a professional lender.
What does this resolution establish?
The resolution addresses a frequent conflict in notarial and registration practice: determining whether a private lender must be subject to Law 5/2019, which imposes very demanding obligations (FEIN form, FIAE form, suitability test, notarial intervention for independent advice, etc.).
The interpretive key that the DGSJFP establishes is the concept of "habituality". The specific criteria that emerge from the resolution are:
- A professional lender—and therefore subject to Law 5/2019—is considered to be one who has granted two or more mortgage loans in the last four years.
- Consultation of the notarial computerized index is relevant and sufficient evidence to prove that this threshold is not exceeded.
- The declaration of the lender themselves stating that they are not habitually engaged in this activity is also a valid element to consider.
- The mere existence of two mortgages in the lender's name is not sufficient to presume habituality if it is not proven that both were granted by them as lender.
| Lender's situation | Does Law 5/2019 apply? | Admitted evidence |
|---|---|---|
| Fewer than 2 mortgage loans granted in the last 4 years | Does not apply (no habituality) | Consultation of notarial index + lender's declaration |
| 2 or more mortgage loans granted in the last 4 years | Yes applies (professional lender) | Data from notarial index |
Economic and operational impact
Law 5/2019 imposes a very significant operational and cost burden when applicable. Being subject to it implies, among other obligations:
- Preparing and delivering the European Standardized Information Sheet (FEIN) and the Standardized Warnings Sheet (FIAE).
- Respecting mandatory reflection periods for the borrower.
- Assuming the costs of notarial intervention for independent advice prior to signing.
- Complying with transparency regulations, which may require specialized legal advice.
For a private lender operating on an occasional and non-habitual basis, being forced to comply with these requirements can make the transaction unfeasible or raise its costs disproportionately. The resolution eliminates that uncertainty when lack of habituality can be proven.
For registrars, the resolution establishes that they cannot suspend registration based solely on the existence of two mortgages in the lender's name if the notary has proven through the notarial index that the habituality threshold is not exceeded.
Who does it affect?
- Individuals who lend money with mortgage guarantee: must know whether their activity exceeds or not the habituality threshold to understand their legal obligations.
- Notaries: have the tool of the computerized notarial index to prove the lender's lack of habituality and should use it proactively to avoid registration suspensions.
- Property registrars: cannot presume the status of professional lender without sufficient proof; notarial consultation of the index is relevant evidence they must evaluate.
- Legal and tax advisors who accompany private financing transactions between individuals.
- Families and family businesses that structure intra-group or inter-partner loans with mortgage guarantee.
Practical example
Suppose a businessman lends €200,000 to a partner, guaranteeing repayment with a mortgage on a property. This is the first time this businessman acts as a mortgage lender. The registrar, seeing that the lender appears as owner of two mortgages in the Register, suspends registration by considering that he could be a professional lender subject to Law 5/2019.
Following the doctrine of this resolution, the notary can consult the notarial computerized index to verify that the businessman has not granted two or more mortgage loans in the last four years. With that consultation—and the declaration of the lender themselves—the notary proves the lack of habituality. The registrar cannot maintain the suspension based solely on ownership of two mortgages of their own, and must proceed with registration.
Without this resolution, the transaction could have been blocked indefinitely or forced the lender to comply with all requirements of Law 5/2019, making a private transaction between individuals more expensive and complicated.
What should affected parties do now?
- Verify your history as a mortgage lender: if you have granted or will grant a loan with mortgage guarantee, check how many you have issued in the last four years. If fewer than two, you can prove lack of habituality.
- Request the notary to consult the computerized notarial index: before signing the deed, ask that the consultation of the notarial index be documented. It is the evidence recognized by the DGSJFP to prove that you are not a habitual lender.
- Include an express declaration in the deed: the lender must state in the deed itself that they are not habitually engaged in granting mortgage loans. This declaration, together with the index consultation, strengthens the position before the registrar.
- Seek advice if you have doubts about the threshold: if you have granted mortgage loans in recent years and are unclear whether you exceed the habituality threshold, consult with a notary or legal advisor before signing.
- Registrars: apply DGSJFP doctrine: do not suspend registrations based solely on the lender's mortgage ownership if the notary has provided the index consultation proving lack of habituality.
Frequently asked questions
How many mortgage loans must be granted to be considered a professional lender?
According to the doctrine established by the DGSJFP in this resolution, the "habituality" threshold is set at two or more mortgage loans granted in the last four years. If this threshold is not exceeded, the lender is not subject to the obligations of Law 5/2019 on real estate credit.
How is it proven before the registrar that a lender is not professional?
The DGSJFP recognizes two complementary routes: the notary's consultation of the notarial computerized index, which allows verification of the number of mortgage loans granted in the last four years, and the express declaration of the lender themselves in the deed stating that they are not habitually engaged in this activity. Both proofs, combined, are sufficient to rebut the presumption of habituality.
Can the registrar suspend registration if the lender has two mortgages in their name?
No, according to this resolution. Mere ownership of two mortgages is not sufficient proof that the lender acts in a professional capacity. If the notary has proven through consultation of the notarial index that two or more mortgage loans have not been granted in the last four years, the registrar cannot maintain the suspension based solely on that fact.
What obligations does Law 5/2019 impose if the lender is considered professional?
If the lender exceeds the habituality threshold and is subject to Law 5/2019, they must comply with obligations such as: delivering the European Standardized Information Sheet (FEIN) and the Standardized Warnings Sheet (FIAE), respecting mandatory reflection periods for the borrower, and assuming the costs of notarial intervention for independent advice prior to signing, among other transparency requirements.
Where can I consult the notarial computerized index to verify mortgage loans?
The notarial computerized index is an internal tool of Spanish notaries. Access to the consultation is carried out by the notary authorizing the deed. If you are going to formalize a mortgage loan between individuals, you should expressly request the notary to perform and document that consultation before signing, so it is recorded in the deed.
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-2026-23216
