Key data
| Regulation | Resolution of February 17, 2026, from the General Directorate of Legal Security and Public Faith |
|---|---|
| Publication | June 11, 2026 |
| Entry into force | Not specified |
| Affected parties | Owners, notaries, property administrators and homeowners associations in registration segregation operations |
| Category | Real Estate |
| BOE Reference | BOE-A-2026-12680 |
| Reference regulation | Article 3 of the Mortgage Law |
Segregating premises in a building under horizontal property regime and getting that operation registered in the Property Registry is not as simple as signing a deed before a notary. The General Directorate of Legal Security and Public Faith, in its Resolution of February 17, 2026, has confirmed the refusal of the property registrar of Valencia No. 3 to register a deed of segregation and extinction of condominium, precisely for not meeting these formal requirements.
The case is a clear warning for any owner, developer, property administrator or notary managing this type of operation: formal errors in the documentation of the homeowners association can paralyze and increase the cost of the operation.
What does this regulation establish?
The resolution analyzes two specific defects that motivated the registration refusal:
| Defect detected | Description | Legal basis |
|---|---|---|
| Lack of notarial legitimization of signatures | The signatures of the president and secretary-administrator of the community in the certification of approval of the segregation were not notarially legitimized | Article 3 of the Mortgage Law |
| Lack of proof of positions and their validity | It was not notarially certified that those who signed actually held the position of president and secretary-administrator, nor that such positions were current at the time of signing | Doctrine of the General Directorate of Legal Security and Public Faith |
The General Directorate reiterates a consolidated doctrine: private documents incorporated into public deeds to obtain registration must have their signatures notarially legitimized, in accordance with Article 3 of the Mortgage Law. It is not enough that the document is authentic or that the notary incorporates it into the deed: the legitimization of signatures is an independent and necessary requirement.
Furthermore, whoever certifies the agreements of the owners meeting—usually the secretary-administrator with the approval of the president—must notarially prove that they hold that position and that their appointment is current. This is not a minor formality: the registrar is obliged to verify that whoever certifies has the authority to do so.
Economic and operational impact
The economic impact of not meeting these requirements is not in a direct penalty, but in the real cost of having to repeat the process:
- New notarial fees for the legitimization of signatures and proof of positions, which can amount to several hundred euros in additional costs.
- Delay in registration, which can block sales transactions, mortgage financing or property transfers that depend on the segregation being registered.
- Cost of convening a new meeting if the original certification is no longer valid or positions have changed since it was issued.
- Management and administration fees for additional processing before the notary and registry.
In real estate operations where timelines are critical—for example, when there is a buyer waiting or a mortgage conditioned on registration—this type of defect can result in the operation falling through or contractual penalties.
Who does it affect?
- Owners of premises in buildings under horizontal property regime who want to segregate their premises into independent units.
- Real estate developers who manage divisions or segregations of elements in homeowners associations.
- Notaries who authorize deeds of segregation and extinction of condominium: they must verify that the community documentation meets the requirements before incorporating it.
- Property administrators who issue certifications of meeting agreements: they must ensure that their signatures are notarially legitimized and that they prove the validity of their position.
- Homeowners associations that approve the segregation of an element in a meeting: the agreement must be documented correctly from the start.
- Lawyers and real estate advisors who accompany their clients in this type of operation.
Practical example
A homeowners association in Valencia approves in a meeting the segregation of a commercial premises into two independent units. The property administrator issues the certification of the agreement with their signature and that of the president, and the notary incorporates that document into the deed of segregation and extinction of condominium.
When the owner presents the deed at the Property Registry, the registrar denies the registration for two reasons: the signatures of the president and secretary-administrator are not notarially legitimized, and it has not been notarially certified that these persons actually hold those positions and that they remain current.
The owner must return to the notary, legitimize the signatures, provide documentation proving current positions—appointment minutes, for example—and, if positions have changed since the meeting, possibly convene a new meeting or update the certification. All of this entails weeks of delay and additional costs that could have been avoided if the documentation had been prepared correctly from the beginning.
What should companies do now?
- Review the documentation before signing the deed: Before going to the notary, verify that the certification of the owners meeting includes the signatures of the president and secretary-administrator with notarial legitimization.
- Notarially prove positions and their validity: The secretary-administrator and president must provide documentation proving that they hold those positions at the time of signing the certification, and that the appointment is current. This proof must be done before a notary.
- Coordinate with the property administrator before the operation: Inform the administrator that the certification they issue must meet these formal requirements to be valid before the registry.
- Instruct the notary to verify the documentation: The notary must check, before incorporating the certification into the deed, that the signatures are legitimized and the positions are proven.
- Anticipate timelines: Notarial legitimization and proof of positions require time. Plan the operation with sufficient margin to not compromise contractual deadlines.
Frequently asked questions
What is notarial legitimization of signatures and why is it mandatory in a segregation?
Notarial legitimization of signatures is the process by which a notary certifies that a signature belongs to the person who affixes it. In the context of a segregation in horizontal property, Article 3 of the Mortgage Law requires that private documents incorporated into deeds to obtain registration have their signatures notarially legitimized. Without this requirement, the property registrar can—and must—deny the registration.
What documents must the president of the community provide to prove their position before the registry?
According to the doctrine reiterated by the General Directorate of Legal Security and Public Faith in this resolution, whoever certifies owners meeting agreements must notarially prove that they hold the position (president or secretary-administrator) and that such position is current at the time of signing. This is usually proven through the minutes of the meeting in which they were appointed, with the corresponding notarial legitimization.
Can the notary directly incorporate the community certification into the deed without legitimization of signatures?
No. The resolution makes clear that the incorporation of the private document into the public deed does not replace the requirement for notarial legitimization of signatures. These are two independent requirements: the document must be incorporated into the deed AND the signatures must be notarially legitimized. If the notary incorporates the certification without verifying legitimization, the resulting deed will be rejected by the registry.
What happens if the president or secretary-administrator have changed since the meeting was held?
If positions have changed between the date of the meeting that approved the segregation and the time of signing the certification, it may be necessary to update the documentation or even hold a new meeting. The resolution requires proving that positions are current at the time of certification, not just at the time of the agreement.
Does this doctrine apply only in Valencia or throughout Spain?
The resolution of the General Directorate of Legal Security and Public Faith has national scope. Although the specific case refers to the Property Registry of Valencia No. 3, the doctrine it reiterates—based on Article 3 of the Mortgage Law—is applicable throughout Spain to any segregation operation in horizontal property that requires registration.
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-2026-12680