Key data
| Regulation | Resolution of May 12, 2026, from the General Directorate of Legal Security and Public Faith |
|---|---|
| Publication | August 6, 2026 |
| Entry into force | Not specified |
| Affected parties | Owners of properties with old subdivisions pending property registration in Spain |
| Category | Real estate |
| Resolved appeal | Appeal by Can Rafalet S.L. against the negative qualification of the Property Registry of Eivissa no. 2 |
| Applied principle | Tempus regit actum (the applicable requirements are those in force at the time of the act) |
| Later regulation NOT applicable retroactively | RD 1093/1997, TRLS 2015, Balearic Law 12/2017 |
You have a subdivision deed signed decades ago, everything in order according to the law of that time, and the Property Registry rejects it because it lacks an express license that was not necessary at that moment. That is exactly what happened to Can Rafalet S.L. with a subdivision from 1991 in Ibiza, and the General Directorate of Legal Security and Public Faith has just ruled in their favor in their resolution of May 12, 2026 (published on August 6, 2026 in the BOE, reference BOE-A-2026-17154).
The established criterion has general scope: the requirements applicable to register an act are those that were in force when that act was performed, not those imposed by later regulations.
What does this regulation establish?
The property registrar of Eivissa no. 2 suspended the registration of a subdivision deed executed in 1991 claiming that the express urban planning license or the certificate of non-necessity was missing. To justify this, they applied regulations issued after the act:
- RD 1093/1997: Regulation on registration of acts of urban planning nature.
- TRLS 2015: Consolidated Text of the Land and Urban Rehabilitation Law.
- Balearic Law 12/2017: Urban planning law of the Balearic Islands.
The DG rejects this approach by applying the principle "tempus regit actum": each legal act is governed by the regulations in force at the time it is performed, not by those approved later.
| Criterion | Registrar's position | DG criterion (correct) |
|---|---|---|
| Applicable regulation | RD 1093/1997, TRLS 2015, Balearic Law 12/2017 | Regulation in force in 1991 |
| Required license | Express license or certificate of non-necessity | Not required: in 1991 administrative silence was valid |
| Administrative silence | Prohibited from acquiring urban planning powers through silence | That prohibition did not exist in 1991 |
| Result | Suspension of registration | Appeal granted: registration appropriate |
The key point is that in 1991 administrative silence was valid for subdivision licenses. The prohibition on acquiring urban planning powers through silence is a restriction introduced by later regulations, and it cannot be applied retroactively to block registrations of acts already performed in accordance with law.
Economic and operational impact
The impact of this ruling is not theoretical: there are property owners and companies that have spent years—or decades—with subdivided properties that cannot be registered in the Property Registry, which prevents them from:
- Selling or mortgaging the properties resulting from the subdivision.
- Proving registered ownership against third parties.
- Obtaining bank financing on those properties.
- Developing urban planning or construction projects on the plots.
The ruling opens the way to unblock these situations without needing to obtain an express municipal license retroactively, which in many cases was practically impossible or very costly. The potential savings in administrative procedures, professional fees, and time can be very significant for each affected property owner.
The criterion is especially relevant in the Balearic Islands, where Law 12/2017 had tightened requirements, but the DG makes clear that that law cannot be applied to acts prior to its entry into force.
Who does it affect?
- Individual property owners with subdivision deeds prior to 1997 pending property registration.
- Real estate companies and developers with properties subdivided in past decades that have not been able to register due to lack of express license.
- Inheritances and heir communities that have received properties with old unregistered subdivisions.
- Lawyers, notaries, and real estate managers who advise on purchase, sale, or mortgage transactions on properties with this type of registration encumbrances.
- Property owners in the Balearic Islands (especially Ibiza and Formentera), where later regional regulations had generated more blockages, but the criterion is applicable throughout Spain.
Practical example
Can Rafalet S.L. executed in 1991 a subdivision deed of a property in Ibiza. When they tried to register it in the Property Registry of Eivissa no. 2, the registrar rejected it requiring an express urban planning license or a certificate of non-necessity, relying on RD 1093/1997 and Balearic Law 12/2017, regulations that did not exist when the subdivision was performed.
Can Rafalet S.L. filed an appeal with the General Directorate of Legal Security and Public Faith. The DG granted the appeal: since in 1991 administrative silence was valid for this type of licenses and the prohibition on acquiring urban planning powers through silence did not exist then, the registrar could not retroactively require that documentation. The registration must be carried out.
Any property owner in an analogous situation—subdivision performed before the entry into force of RD 1093/1997—can invoke this criterion before the corresponding Property Registry.
What should companies do now?
- Review your document archive: Identify if you have subdivision deeds prior to 1997 that are not registered in the Property Registry due to lack of express license or certificate of non-necessity.
- Verify the date of the act: Check that the subdivision was performed before the entry into force of RD 1093/1997. The older it is, the stronger the argument based on "tempus regit actum".
- Consult with a specialized lawyer or notary: Before submitting the deed to the Registry again, ensure that the accompanying documentation is correct and that your case fits the criterion of the ruling.
- Submit the deed to the Registry invoking this ruling: Expressly cite the Resolution of May 12, 2026 of the DGSJFP (BOE-A-2026-17154) as an applicable precedent to your case.
- File an appeal if the registrar qualifies negatively again: If the Registry insists on rejecting the registration, you have the option to appeal to the General Directorate of Legal Security and Public Faith, with this direct precedent in your favor.
Frequently asked questions
Can I register a subdivision from the 80s or 90s if the Registry rejected it due to lack of license?
Yes, if the subdivision was performed before the entry into force of RD 1093/1997, the General Directorate of Legal Security and Public Faith has confirmed that the registrar cannot require express license or certificate of non-necessity based on later regulations. The principle "tempus regit actum" requires applying the requirements in force at the time of the act, not the current ones.
What is the "tempus regit actum" principle and how does it affect me?
It is the legal principle that establishes that each act is governed by the regulations in force at the time it was performed. In practice, it means that if your subdivision was valid in 1991—when administrative silence was valid for subdivision licenses—the Registry cannot reject it now by applying rules approved later, such as RD 1093/1997, TRLS 2015, or Balearic Law 12/2017.
Does this ruling only affect Ibiza or also the rest of Spain?
Although the specific case is from Ibiza (Property Registry of Eivissa no. 2), the DG's criterion has general scope for all of Spain. The ruling applies principles of transitional and registration law that are of national application, not exclusive to the Balearic Islands.
What regulation did the registrar try to apply and why did the DG reject it?
The registrar applied RD 1093/1997, TRLS 2015, and Balearic Law 12/2017 to require express license or certificate of non-necessity. The DG rejected them because none of those regulations existed in 1991, when the subdivision was performed. In 1991, administrative silence was valid for this type of licenses and the prohibition on acquiring urban planning powers through silence was not in force.
What should I do if the Registry rejects the registration again?
You can file an appeal with the General Directorate of Legal Security and Public Faith, expressly citing the Resolution of May 12, 2026 (BOE-A-2026-17154) as a direct precedent. It is recommended to have advice from a lawyer or notary specialized in registration and real estate law to properly prepare the appeal.
Official source
View complete regulation in official source
Disclaimer: 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-2026-17154