Sale of rented property: proper notification to tenant or you won't be able to register the purchase

Key data

Buying a property with a tenant is not the same as buying an empty property. The transaction is blocked at the Registry if you do not follow the exact steps required by article 25 of the LAU. The DGSJFP resolution of 24 June 2026, published on 19 October 2026, leaves no room for doubt: two proper notifications, and the second with a complete copy of the deed.

The case that gives rise to this resolution is a sale in Almería whose registration was suspended by the property registrar no. 5. The buyer appealed, and the DGSJFP confirmed the suspension. The reason: neither of the two notifications made to the tenant met the legal requirements.

What does this regulation establish?

Article 25 of the LAU recognizes two fundamental rights for the tenant when the owner decides to sell the property they occupy:

• Right of first refusal: the tenant can acquire the property with preference over any other buyer, on the same terms agreed with the third party. It must be exercised before the sale is formalized.
• Right of redemption: if they were not properly notified before the sale, the tenant can step into the buyer's position on the same terms, once the transaction is completed.

For the sale to be registered in the Property Registry, the resolution confirms that these requirements must be met:

The resolution emphasizes that notarial intervention in the notification cannot be merely formal or declarative: it must certify that the delivery reached or was attempted to be delivered to the tenant with all public faith guarantees.

Economic and operational impact

Suspension of registration is not a minor formality. It has direct and costly consequences:

• The sale does not produce effects against third parties until it is registered. The buyer has no registry protection.
• Active redemption risk: if the tenant was not properly notified, they can exercise their right of redemption and retain the property on the same terms as the buyer, even after the deed is signed.
• Remediation costs: repeat notifications, execute new notarial deeds, manage additional deadlines and, in the worst case, litigate.
• Portfolio blockage: for funds and companies that acquire multiple rented properties, a systematic defect in the notification procedure can paralyze mass registrations.

This resolution expressly reinforces tenant guarantees against funds and companies that acquire real estate portfolios, indicating that the DGSJFP is aware of the market context and applies the criterion deliberately.

Who does it affect?

• Real estate funds and holding companies that acquire portfolios of rented properties: they have the highest exposure to systemic risk.
• Individual buyers of properties with tenants: they must verify that the seller has properly made the prior notification.
• Sellers of rented properties: prior notification is their responsibility and must be proper.
• Notaries involved in these transactions: they must ensure that notifications meet the requirements, not just record the seller's statements.
• Tenants and lessees: their rights of first refusal and redemption are reinforced against transactions that attempt to circumvent the procedure.
• Legal advisors and management firms that process sales of rented properties.

Practical example

A real estate fund acquires a ten-unit building in Almería, all rented. To expedite closing, the seller signs before a notary a statement declaring that they have notified the tenants of their intention to sell. There is no notarial deed of delivery, nor proper acknowledgment of receipt.

After signing the deed, the fund sends each tenant a private courier with a notarial certificate summarizing the sale terms, but does not include a complete copy of the deed. The courier is managed directly by the fund's legal department, without notarial intervention.

The registrar suspends the registration of all ten properties. The fund must repeat the entire process: execute notarial deeds of proper notification with a complete copy of the deed for each tenant, wait for the legal periods for exercising redemption rights, and resubmit the documentation to the Registry. The cost in notarial fees, deadlines, and portfolio paralysis can be significant, not to mention the risk that a tenant will exercise their redemption right.

What should companies do now?

1. Review the prior notification protocol: the seller's statement before a notary is not sufficient. Require a notarial deed that certifies proper delivery to the tenant before signing the deed.
2. Verify the subsequent notification: after signing, notification to the tenant must be made with direct notarial intervention and must include a complete copy of the sales deed, not a summary or explanatory certificate.
3. Audit ongoing transactions: if there are sales of rented properties pending registration, review whether the notifications meet both requirements before submitting them to the Registry.
4. Update contracts with advisors and notaries: include clauses that require proper certification of both notifications as a condition precedent to closing.
5. For funds with portfolios: implement a specific checklist for transactions with rented properties that includes verification of both notifications before each registration.

Official source

Consult complete regulation at 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-2026-21733