Real estate purchase: the registrar cannot reject the validated notarial power of attorney

Key data

A purchase of an undivided share in El Puerto de Santa María was blocked at the Property Registry because the registrar refused to register it alleging three defects. The Cádiz notary who authorized the deed appealed to the General Directorate of Legal Security and Public Faith (DGSJFP), which ruled in his favor on the key aspects. The resolution, published in the BOE on July 1, 2026 with reference BOE-A-2026-14296, reinforces the principle that the notarial sufficiency judgment of the power of attorney binds the registrar.

What does this regulation establish?

The registrar of El Puerto de Santa María no. 1 alleged three defects to deny registration of the purchase deed:

• Defect 1: Insufficiency of the notarial judgment on the power of representation.
• Defect 2: Lack of proof of marriage settlements.
• Defect 3: Omission of simultaneous transfer of shares linked ob rem.

The notary appealed the first and third defects. The first had already been remedied by diligence before filing the appeal. The DGSJFP analyzed the merits of the case and consolidated the following doctrine:

The sufficiency judgment of the power of attorney issued by the notary with reference to the principal transaction identified in the heading of the deed—in this case, the purchase—also covers agreements that are proper and inherent to that transaction. This includes ancillary agreements such as price deferral and resolutory condition, which are customary and essential elements of a purchase.

Consequently, the registrar cannot extend its negative qualification to those ancillary agreements arguing that the power does not expressly mention them, if the notary has already validated that the power was sufficient for the principal transaction.

Economic and operational impact

The practical consequences of this resolution are direct for any real estate transaction with representation:

• Reduction of registry blockages: Registrars have less room to deny registrations based on a reinterpretation of the scope of the power, if the notary has already issued its sufficiency judgment.
• Greater legal certainty in transactions with price deferral: The resolutory condition and price deferral—mechanisms very common in purchases between individuals and in corporate real estate transactions—are protected by the notarial judgment without need for express mention in the power.
• Time and cost savings: Avoiding a negative qualification from the registrar means avoiding the correction of the deed, possible additional diligences and, in the worst case, an appeal to the DGSJFP, which can prolong the process for weeks or months.
• Impact on undivided share transactions: The resolution arises from a purchase of an undivided share, a common figure in inheritances, divorces and shared real estate investment transactions.

Who does it affect?

• Buyers and sellers who act through a representative (attorney-in-fact, company administrator, executor, guardian, etc.) in real estate purchase transactions.
• Notaries who authorize purchase deeds with representation: their sufficiency judgment now has stronger doctrinal support against negative registry qualifications.
• Property registrars: must adjust their qualification and not extend it to ancillary agreements inherent to the principal transaction if the notary has already validated the power.
• Legal advisors and lawyers managing real estate transactions with notarial powers: can invoke this doctrine against negative qualifications.
• Investors and real estate funds that regularly operate through representation and with deferred payment structures or resolutory conditions.
• Individuals in inheritance or divorce transactions who transfer undivided shares through a representative.

Practical example

An investment company purchases an undivided share of a property in Cádiz. The administrator signs the deed on behalf of the company with a notarial power of attorney. The notary issues its sufficiency judgment: the power is valid for "purchase transactions". The deed also includes a price deferral of 12 months and a resolutory condition in case of non-payment.

The registrar denies registration alleging that the power does not expressly mention the resolutory condition or the deferral, so the notarial sufficiency judgment would not cover them.

According to the doctrine consolidated by this DGSJFP resolution, that negative qualification would not be sustainable: price deferral and resolutory condition are agreements inherent to a purchase, and the notarial sufficiency judgment regarding the principal transaction covers them. The notary or the parties can appeal based on this resolution (reference BOE-A-2026-14296).

What should companies do now?

1. Review real estate transactions blocked at the Registry: If you have a purchase deed with representation that has received a negative qualification regarding the scope of the power, analyze whether the DGSJFP has already ruled favorably in similar cases, such as this BOE-A-2026-14296.
2. Instruct your legal advisors: Make sure your lawyer or manager knows this doctrine and can invoke it before the registrar before initiating a formal appeal.
3. Draft powers of attorney with clarity on the principal transaction: Although the doctrine protects inherent ancillary agreements, a power that clearly identifies the type of transaction (purchase, exchange, etc.) strengthens the notary's position when issuing its sufficiency judgment.
4. Include the sufficiency judgment in all deeds with representation: Verify that the notary always issues the sufficiency judgment expressly and referring to the specific principal transaction.
5. In case of unjustified negative qualification: File an appeal with the DGSJFP citing this resolution as a doctrinal precedent. The appeal is free and can be resolved in weeks.

Official source

Consult complete regulation at official source

Disclaimer: 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-2026-14296