Photovoltaics: the Land Registry can no longer require georeferencing to lease part of a property

Key data

Solar energy developers who partially lease agricultural plots to install photovoltaic plants frequently faced a registration refusal: the registrar required the georeferencing of the leased portion of the property before registering the contract. The Resolution of 17 December 2025 of the Dirección General de Seguridad Jurídica y Fe Pública puts an end to this practice: that requirement has no legal basis for this type of transaction.

The case that gives rise to the resolution is specific: the land registrar of Mula denied the registration of a lease over part of a property intended for the construction of a photovoltaic plant, alleging that the geographic coordinates of the leased portion had not been provided. The Dirección General upholds the appeal and sets the criterion applicable to all registrars.

What does this regulation establish?

The resolution precisely defines in which cases georeferencing is mandatory and in which it is not. This distinction is key to understanding why the Mula registrar's requirement had no legal basis.

The resolution clarifies that the requirement for geographic coordinates is reserved for transactions that alter or create the registered description of the property as a unit. When a right — real or personal — is created over a portion, without modifying the description of the parent property, there is no legal obligation to provide georeferencing.

This criterion has a direct effect on renewable energy projects that typically lease only part of a larger rural property to install solar panels, without subdividing or modifying the original property's registration.

Economic and operational impact

The eliminated barrier had real economic and timing consequences for photovoltaic developers:

• Avoided technical costs: Georeferencing a portion of a property requires the involvement of a technical expert (surveyor or engineer) to prepare and certify the coordinates. This cost disappears for energy leases over part of a property.
• Reduced notarial costs: The resolution expressly states that notarial and technical costs for developers are reduced, as it is no longer necessary to incorporate georeferencing technical documentation into the deed.
• Faster timelines: The elimination of this requirement shortens the registration process, which has a direct impact on the execution schedules of photovoltaic projects on rural land.
• Legal certainty for agricultural landowners: Owners of rural properties who negotiate energy lease contracts can register the right without the need for additional technical documentation on the leased portion.

The criterion supports the acceleration of photovoltaic installations on rural land, a segment where projects typically involve partial leases of large agricultural properties.

Who is affected?

• Photovoltaic plant developers who partially lease agricultural plots to install solar generation facilities.
• Rural property owners who have signed or are about to sign energy lease contracts over part of their property.
• Land registrars, who are bound by the Dirección General's criterion and cannot deny registration on these grounds.
• Notaries who formalise energy lease deeds over part of a property, who no longer need to incorporate georeferencing documentation.
• Legal and technical advisors for renewable energy projects on rural land.

Practical example

A photovoltaic developer signs a lease contract over 15 hectares of an 80-hectare rural property located in the Region of Murcia, for the purpose of constructing a solar plant. The property is not subdivided: the owner retains ownership of the whole and leases only a portion.

Before this resolution, the registrar could — and in cases such as Mula, did — require the geographic coordinates of those 15 leased hectares to be provided, which obliged the developer to commission a topographic survey and to amend the notarial deed to incorporate the technical certification. This generated additional costs and delays in registration.

Following the resolution, the developer can submit the lease deed without georeferencing of the portion and the registrar is obliged to register it. If the registrar again denies registration on these grounds, the developer can directly invoke the Resolution of 17 December 2025 (BOE-A-2026-6836) and lodge an appeal with the Dirección General de Seguridad Jurídica y Fe Pública.

What should companies do now?

1. Review blocked files: If you have energy lease contracts over part of a property whose registration was denied due to lack of georeferencing, resume the process citing the Resolution of 17 December 2025 (BOE-A-2026-6836).
2. Update deed templates: Coordinate with your notary to remove from standard photovoltaic lease templates any clause or technical georeferencing documentation that was incorporated solely to satisfy this registration requirement.
3. Inform property owners: Agricultural landowners with whom you negotiate energy leases should know that the registration process is now more agile and less costly, which may facilitate negotiation and contract execution.
4. Document the criterion for future refusals: Keep a copy of the resolution and this analysis to respond immediately if any registrar again requires georeferencing in similar transactions.
5. Consult a specialist legal advisor if the project involves transactions that do modify the registered description of the property (subdivisions, consolidations, excess of registered area), as in those cases georeferencing remains mandatory.

Official source

View full regulation at official source

Disclaimer: 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-2026-6836