Photovoltaic Plants: The Registry Can No Longer Require Georeferencing to Register Leases

Key data

If you are developing a photovoltaic plant and have signed a lease agreement on agricultural land, this resolution eliminates one of the most frequent registry obstacles in the sector. The General Directorate of Legal Security and Public Faith (DGSJFP), in its Resolution of December 26, 2025 (BOE-A-2026-9142), has granted the appeal against the Mula property registrar and has definitively clarified when georeferencing can and cannot be required.

What does this regulation establish?

The conflict that led to this resolution is simple to understand: a developer wanted to register in the Property Registry a lease agreement over part of an already registered property, intended for the construction of a photovoltaic plant. The Mula registrar denied the registration because the developer had not provided the georeferencing of the specific portion of property being leased.

The DGSJFP has ruled that this rejection is incorrect. The reason is technical but with very practical consequences:

• Georeferencing is a requirement that can be demanded when registration of a property occurs (that is, when it enters the Registry for the first time) or when a modification of the registered property occurs (segregation, grouping, division).
• The establishment of a lease right —even if over part of the property— does not imply any modification of the registered property. The property remains the same, with the same boundaries and the same description. Only a personal or real right is encumbered on it.
• Therefore, the registrar cannot require georeferencing as a condition for registering a partial lease over an already registered property.

This distinction, which may seem technical, has a direct impact on the timelines and costs of photovoltaic projects, where registry registration of the lease is a common step to obtain financing or advance in administrative procedures.

Economic and operational impact

The requirement for georeferencing that some registrars had been applying created two specific problems for developers:

• Delays in registration: obtaining and providing the georeferencing of a portion of property requires technical topography work and cadastral validation, which can mean weeks or months of delay.
• Unforeseen additional costs: the preparation of the georeferenced graphic representation has a technical cost that, in projects still in the leasing phase, was not contemplated in the initial budget.

With this resolution, both obstacles disappear for leases on already registered properties. The developer can present the lease agreement and demand its registration without needing to provide georeferencing of the leased part. If the registrar denies it again for this reason, the DGSJFP doctrine supports the appeal.

For the photovoltaic sector, which regularly works with long-term leases on agricultural land, this means a real streamlining of the registry registration process, with direct impact on the timelines for obtaining financing and on the legal certainty of the project.

Who does it affect?

• Photovoltaic plant developers who lease agricultural land or rural properties to install solar facilities and need to register that lease in the Registry.
• Property owners who have leased part of their land to solar developers and want the contract to be registered to guarantee their legal position.
• Property registrars throughout the national territory, who are bound by the doctrine established in this resolution and cannot deny registrations for this reason.
• Financial entities financing photovoltaic projects that require registry registration of the lease as a condition for granting financing.
• Lawyers and legal advisors who manage registry files in the renewable energy sector.

Practical example

A photovoltaic developer signs a lease agreement on 15 hectares of a rural property of 40 hectares already registered in the Property Registry, intended for the construction of a solar plant. The developer presents the contract to the Registry for registration.

The registrar issues a negative qualification: it requires that the georeferenced graphic representation of the 15 leased hectares be provided before proceeding with the registration.

With the doctrine established by the DGSJFP in this resolution, the developer can:

1. File an appeal with the DGSJFP citing the Resolution of December 26, 2025 (BOE-A-2026-9142).
2. Argue that the property is already registered, that the lease does not modify the registered property and that, therefore, the georeferencing of the leased part is not enforceable.
3. Obtain the approval of the appeal and the registration of the lease without needing to provide the georeferencing.

This scenario is exactly what occurred in the case of the Mula registrar, and the DGSJFP ruled in favor of the developer.

What should companies do now?

1. Review pending registry files: if you have photovoltaic lease contracts pending registration that have been denied due to lack of georeferencing, this resolution gives you arguments to appeal.
2. File an appeal with the DGSJFP: expressly cite the Resolution of December 26, 2025 (BOE-A-2026-9142) and the criterion that georeferencing is not enforceable for leases on already registered properties.
3. Include this doctrine in due diligence processes: when analyzing the registry viability of new photovoltaic projects, it is no longer necessary to budget or plan the georeferencing of the leased part as a prerequisite for registration.
4. Communicate it to financing entities: if registry registration of the lease was a requirement to obtain financing and was blocked for this reason, the resolution eliminates the obstacle and allows reactivating the process.
5. Inform the legal and technical team: lawyers, managers and technicians who process registry files for renewable energy must know this doctrine to avoid assuming unnecessary costs and delays.