Key data
| Regulation | Resolution of June 17, 2026, from the General Directorate of Legal Security and Public Faith |
|---|---|
| Publication | October 22, 2026 |
| Entry into force | Not specified |
| Affected parties | Public Administrations that transfer property and buyers of State assets |
| Category | Real Estate / Property Registry |
| Resolving body | General Directorate of Legal Security and Public Faith (DGSJFP) |
| Case origin | Delegation of Economy and Finance of Ourense — Property Registry of O Carballino-Rivadavia |
| Legal basis | Article 3 of the Mortgage Law |
If your company has purchased or is negotiating the purchase of a property from the State and the process has been blocked at the Property Registry due to lack of notarial legitimation, this resolution changes the rules of the game. The Resolution of June 17, 2026 from the General Directorate of Legal Security and Public Faith, published on October 22, 2026, resolves an appeal against the refusal of the property registrar of O Carballino-Rivadavia to register a property sale by the Delegation of Economy and Finance of Ourense.
The substance of the matter is clear: the registrar was requiring requirements that mortgage regulations do not impose when the original administrative document on paper bears original handwritten signatures of a competent official. The DGSJFP rules in favor of the appellant and establishes doctrine applicable to all property transfers in the public sector.
What does this regulation establish?
The resolution addresses a frequent conflict in property registry practice: what authenticity requirements must an administrative property sale document meet to access the Property Registry without going through a notary.
The registrar of O Carballino-Rivadavia suspended the registration and required one of these three alternatives:
- Electronic signature with Secure Verification Code (CSV)
- Notarial legitimation of the signatures of the parties
- Signature of the parties before the registrar
The appeal argued that none of these requirements is mandatory when the document presented is the original on paper with original handwritten signatures of an official with authority to execute it. The DGSJFP grants the appeal and establishes that such document constitutes an authentic document for purposes of Article 3 of the Mortgage Law, sufficient to carry out the property registration.
| Requirement demanded by the registrar | Is it mandatory according to the resolution? |
|---|---|
| Electronic signature with CSV | Not mandatory if original paper document with handwritten signature exists |
| Notarial legitimation of signatures | Not mandatory for authentic administrative documents |
| Signature before the registrar | Not mandatory |
| Original paper document with handwritten signature of competent official | Sufficient for registration under Article 3 ML |
Economic and operational impact
The most direct impact is the elimination of an unnecessary cost and procedure: notarial legitimation of signatures in administrative property sale documents. Although the unit cost of notarial legitimation may seem minor, in property transfer operations in the public sector—which may involve multiple properties or files—the accumulation of these procedures generates avoidable delays and expenses.
Operationally, the resolution has two immediate consequences:
- Streamlined registrations: Public Administrations can complete the registration process without depending on the notary's schedule or additional validations, as long as the original document meets authenticity requirements.
- Legal certainty for the buyer: The purchaser of a State property obtains property registration—and with it the protection of the Registry—without the process being blocked by registry criteria that the DGSJFP considers improper.
For Public Administrations managing portfolios of properties to transfer, this doctrine simplifies the procedure and reduces dependence on external intermediaries in the registration phase.
Who does it affect?
- Public Administrations (State, Autonomous Communities, Local Entities) that transfer property through administrative property sale documents
- Delegations of Economy and Finance and similar bodies that manage public real estate assets
- Companies and individuals that acquire property from the public sector in sales or administrative auction processes
- Property registrars, who must adjust their qualification criteria to this DGSJFP doctrine
- Legal advisors and management firms that process property registrations of public property transfers
Practical example
A company awarded a property in an auction by the Delegation of Economy and Finance of Ourense presents the administrative property sale document at the Property Registry of O Carballino-Rivadavia. The document is hand-signed by the competent official of the Delegation and by the company's representative, on original paper.
Before this resolution, the registrar could—and indeed did—suspend the registration by requiring that the signatures be legitimated by a notary, that electronic signature with CSV be provided, or that the signatories appear before her. This forced the company to incur additional costs, travel, and delays that could extend for weeks.
Following the DGSJFP resolution, that same original paper document with the competent official's handwritten signature is sufficient to carry out the registration. The registrar cannot suspend it due to absence of notarial legitimation. The company obtains the registration—and the registry protection of the acquired property—without additional procedures.
What should companies do now?
- Review blocked files: If you have a State property sale pending registration due to lack of notarial legitimation, verify if the original paper document with the competent official's handwritten signature was already available. This resolution may unblock the file.
- Communicate the resolution to the registrar: If the Property Registry maintains a negative qualification note for this reason, present the Resolution of June 17, 2026 from the DGSJFP as applicable doctrine and request requalification of the document.
- Require the original paper document: When acquiring a State property, ensure you receive the original paper document with original handwritten signatures of the competent official, not just copies or electronic documents without CSV. That document is the key to direct registration.
- Inform the selling Administration: If the transferring Administration is unaware of this doctrine and proposes processing notarial legitimation as a standard step, inform them that it is not necessary according to the DGSJFP, saving time and costs for both parties.
- Consult with specialized legal advisor: In complex operations or with multiple properties, consider the support of a lawyer specializing in registry and real estate law to correctly apply this doctrine in each specific file.
Frequently asked questions
Can the Property Registry require notarial legitimation in a State property sale?
No, according to the Resolution of June 17, 2026 from the DGSJFP. When the administrative property sale document is the original on paper with original handwritten signatures of the competent official, it constitutes an authentic document for purposes of Article 3 of the Mortgage Law and is sufficient for registration. The registrar cannot require notarial legitimation, electronic signature with CSV, or signature before him.
What requirements must the administrative document meet to be registered in the Registry without a notary?
The document must be the original on paper (not a copy) with original handwritten signatures of the parties, and must be executed by an official with authority to do so. Those are the authenticity requirements required by Article 3 of the Mortgage Law for administrative documents. Electronic signature with CSV or notarial legitimation is not additionally required.
What do I do if the registrar suspends the registration of a property sale with the State due to lack of notarial signature?
You can file an appeal with the General Directorate of Legal Security and Public Faith, providing the Resolution of June 17, 2026 as applicable doctrine. This resolution granted precisely this type of appeal, filed against the qualification note of the registrar of O Carballino-Rivadavia, who suspended the registration of a property sale by the Delegation of Economy and Finance of Ourense for the same reasons.
Does this resolution affect only State property or also other Public Administrations?
The resolution has practical implications for all Public Administrations that transfer real estate through administrative documents, not just the central State. The doctrine on what authenticity requirements are enforceable applies to the entire public sector.
When does this resolution come into force?
The resolution was issued on June 17, 2026 and published in the BOE on October 22, 2026. No different entry into force date has been specified, so its doctrine is applicable from its official publication.
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-2026-22021
