Property registration suspension in Rojales: what defects block your new construction and horizontal division

Key data

A private real estate complex in Rojales (Alicante) cannot be registered in the Property Registry because its deed of declaration of new construction and horizontal division presents four defects that the Almoradí registrar detected and the DGSJFP has confirmed through a resolution of May 5, 2026. The case is a direct warning for any developer working with phased projects or partial licenses: without complete and coherent documentation from the outset, property registration blockage is inevitable.

What does this resolution establish?

The DGSJFP resolves the appeal filed against the qualification note of the Almoradí registrar and confirms the suspension of registration. The four defects detected are:

The most critical defect is the gap between the available license (33 dwellings, 2019) and the actual scope of the project (84 dwellings). Property registry regulations require that the municipal license specifically covers the private real estate complex as declared, and that its validity be proven. An outdated or insufficient license does not allow registration of the complex.

Economic and operational impact

Property registration suspension has direct and immediate consequences for the commercial and financial viability of the project:

• Sales blockage: Without property registration, units cannot be transferred with full legal guarantees. Buyers cannot obtain mortgages on unregistered properties.
• Paralysis of developer financing: Financing banks require property registration as a condition to maintain or expand financing for the development.
• Cost of remediation: Correcting the four defects involves obtaining a new municipal license for 84 dwellings, reforming the notarial deed, redescribing common elements (especially roads) and modifying provisional administration clauses. Each of these steps has notarial, technical and administrative fee costs.
• Risk of license expiration: If the 2019 license has expired or is about to expire, the developer will have to initiate a new license application, with the resulting delay.
• Phased projects: The resolution makes clear that it is not possible to register a real estate complex by phases without completely describing common elements from the outset, which affects the usual strategy of many developers.

Who does it affect?

• Real estate developers who develop housing complexes with common elements (private roads, common areas, private developments), especially if they work by phases.
• Developers with old licenses who intend to expand the number of dwellings compared to what was originally authorized.
• Notaries who execute new construction and horizontal division deeds in real estate complexes: they must verify that the license covers exactly the number of dwellings declared and that its validity is current.
• Property registrars who qualify this type of deed.
• Legal managers and advisors of development companies who advise on documentation prior to the deed.
• Financing entities of real estate developments that have as guarantee properties pending registration.

Practical example

A developer develops a private development in Rojales with 84 semi-detached dwellings, interior roads and common green areas. In 2019 he obtained a license for a first phase of 33 dwellings. Now he wants to declare the new construction and establish the horizontal division of the complete set of 84 units to be able to sell and deliver.

When presenting the deed at the Almoradí Property Registry, the registrar detects that:

• The 2019 license only covers 33 dwellings, not the 84 declared.
• The interior private roads are not described with surface area, layout or characteristics.
• The provisional administration clause of the community contradicts the Horizontal Property Law.
• The sum of private surfaces does not match: there is a 0.5 m² difference with the total declared surface.

Result: registration suspended. The developer cannot sell or deliver any of the 84 dwellings with property registry guarantees until the four defects are remedied. The time to remedy —new license, new deed, new measurements— can mean months of delay and significant additional costs.

What should developers do now?

1. Audit the municipal license before executing the deed: Verify that the current license covers exactly the number of dwellings that will be declared. If there is a difference between what is licensed and what is projected, process the complementary or modified license before going to the notary.
2. Prove the validity of the license: A 2019 license may have expired. Request a municipal certificate of validity or, if applicable, an extension before the deed.
3. Describe all common elements in detail: Private roads, green areas, installations and other common elements must appear in the deed with complete description (surface area, layout, characteristics). It is not enough to mention them generically.
4. Review provisional administration clauses: Any provision on the provisional management of the community must be compatible with the Horizontal Property Law. Consult with a specialized lawyer before signing.
5. Balance surfaces to the centimeter: The sum of all private surfaces must exactly match the total declared surface. A difference of 0.5 m² is sufficient to suspend registration.
6. In phased projects, describe the complete complex from the outset: The resolution confirms that it is not possible to register a phase without completely describing the common elements of the complex. Plan the documentation of the complete project from the first deed.

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-2026-17133