Property Registry Reconciliation: The Property Register Can Now Record Your Request

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If you have a conflict over a real estate sale and want to avoid a long and costly lawsuit, this resolution changes the rules of the game. The General Directorate of Legal Security and Public Faith has ruled, through a resolution published on October 22, 2026 (BOE-A-2026-22035), that the Property Register is obligated to make the filing entry when registry reconciliation is requested regarding a real estate controversy with real significance.

The specific case that prompted this resolution was the appeal filed by Drogo Orfebrería S.L. against the Property Register of Navalcarnero no. 2, which had denied the filing of a registry reconciliation request. The registrar argued that it was a private document without registry effect. The company appealed and won.

What does this regulation establish?

The resolution clarifies the scope of Article 103 bis of the Mortgage Law, reformed by LO 1/2025, which allows requesting reconciliation before the registrar regarding any real estate controversy or registrable acts.

The interpretive conflict resolved was as follows:

In practical terms: the filing entry is the formal annotation in the Register that a procedure has been initiated. Its denial prevented registry reconciliation from having effects against third parties. With this resolution, that barrier disappears.

Economic and operational impact

Registry reconciliation as an ADR (Alternative Dispute Resolution) mechanism has a direct economic impact for any company or individual involved in a real estate lawsuit:

• Reduction of court costs: resolving a real estate dispute through the courts can cost tens of thousands of euros in fees, taxes, and time. Registry reconciliation is a more agile and economical route.
• Legal certainty against third parties: the filing entry guarantees that the reconciliation request is recorded in the Register, protecting the applicant against transfers or charges that may occur during the process.
• Prerequisite to litigation: with the reform of LO 1/2025, ADR mechanisms are mandatory before going to court in certain cases. Knowing that registry reconciliation is a valid and enforceable route expands the available options.
• Applicable to sales contracts with real significance: the resolution expressly confirms that disputes over real estate sales contracts fall within the scope of registry reconciliation.

Who does it affect?

• Real estate companies and developers with disputes over real estate sales.
• Commercial entities (such as Drogo Orfebrería S.L. in the resolved case) that have conflicts over real estate assets.
• Individuals involved in litigation over residential or other real estate sales.
• Lawyers and legal advisors managing real estate disputes and needing to know the available ADR routes before litigation.
• Property registrars, who must adjust their qualification criteria to what is established in this resolution.
• CFOs and legal directors of companies with real estate portfolios or in conflictive sales processes.

Practical example

Imagine that Drogo Orfebrería S.L. —the appellant company in this case— has a conflict with the counterparty of a real estate sale: they dispute whether the contract is valid, whether the agreed conditions have been met, or whether contract termination is appropriate.

Before this resolution, if Drogo Orfebrería S.L. submitted a registry reconciliation request to the Property Register of Navalcarnero no. 2, the registrar could reject it arguing that it was a "private document without registry effect." This forced the company to go directly to court, with the associated costs and timelines.

After this resolution, the registrar cannot deny that filing entry. The request is formally recorded, reconciliation can take place before the registrar himself, and if an agreement is reached, it has full registry effect. If there is no agreement, the company has already complied with the ADR requirement prior to litigation required by LO 1/2025.

What should companies do now?

1. Review active real estate litigation: if you have disputes over real estate sales in progress or anticipated, evaluate whether registry reconciliation can be a faster and more economical route than court litigation.
2. Verify compliance with the ADR requirement: with LO 1/2025, in certain cases it is mandatory to attempt an alternative mechanism before going to court. Registry reconciliation is a valid and now enforceable option with the Register.
3. Inform your legal advisor: share this resolution with your lawyer or advisor so they can incorporate it into their strategy in real estate disputes. The criterion of the Navalcarnero no. 2 registrar was incorrect and may be repeated in other registers.
4. Document any denial of filing: if a Property Register rejects your registry reconciliation request, you have the right to appeal. This DGSJFP resolution is the precedent that supports your appeal.
5. Consult Article 103 bis of the Mortgage Law in its version reformed by LO 1/2025 to know the full scope of registry reconciliation and the types of controversies it covers.

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-2026-22035