State property sales without notary: what changes for buyers and public administrations in 2026

Key data

If your company or entity has purchased or is negotiating the purchase of a patrimonial real estate asset of the State, this resolution directly affects you. The property registrar of O Carballino-Rivadavia suspended the registration of a sale because the administrative document did not carry electronic signature with CSV nor notarial legitimation of the signatures. The DGSJFP upheld the appeal and clarified what requirements are truly enforceable.

The key regulatory reference is the Resolution of June 17, 2026 from the DGSJFP (published in the BOE on October 22, 2026, reference BOE-A-2026-22020), which jointly interprets the article 3 of the Mortgage Law and article 113.2 of Law 33/2003, on the Patrimony of Public Administrations.

What does this regulation establish?

The resolution responds to a very specific question: can the State register a property sale in the Property Registry using an administrative document on paper with original handwritten signatures, or does it necessarily need a notary or electronic signature with CSV?

The DGSJFP analyzes the tension between two regulatory blocks:

• Electronic administration regulation: which promotes the use of electronic documents and signatures with CSV as a means of authentication in relations between the Administration and citizens.
• Traditional registry requirements: article 3 of the Mortgage Law requires that documents be authentic, but does not impose a single means of authentication.

The resolution concludes that the original administrative document on paper with original handwritten signatures of the parties involved meets the authenticity requirements required by article 3 of the Mortgage Law and by article 113.2 of Law 33/2003. Therefore, the registrar could not suspend the registration for that reason.

Economic and operational impact

The most immediate impact is the savings in notarial costs in the transfers of patrimonial assets of the State. When the Administration sells a real estate property through an administrative document, it does not need to elevate that document to a public deed nor pay the corresponding notarial fees to achieve registry registration.

From an operational point of view, the resolution also eliminates the uncertainty generated by the requirement of CSV in paper documents: the Treasury Delegations and other public agencies can process the registration directly with the original administrative document, without intermediate steps that extended deadlines and increased costs.

For the private buyer of a patrimonial asset of the State, this resolution reinforces legal certainty: the registration in the Property Registry will not be blocked by a debate about the format of the administrative document, as long as the original on paper with original handwritten signatures is presented.

Who does it affect?

• Treasury Delegations and agencies of the General State Administration that manage and transfer patrimonial real estate assets.
• Other public agencies (public business entities, state agencies, autonomous communities with analogous regulations) that sell real estate through administrative documents.
• Companies and individual buyers of patrimonial assets of the State that need to register the sale in the Property Registry.
• Property registrars who qualify administrative documents for the transfer of public real estate.
• Legal advisors and management firms that process registry registrations of real estate operations with the Administration.

Practical example

A company wins the bidding to acquire a patrimonial real estate asset of the State managed by the Treasury Delegation of a Galician province. The transaction is formalized through an administrative document of sale signed by hand by the representative of the Delegation and by the legal representative of the purchasing company. The document is the original on paper.

When presenting the document at the Property Registry, the registrar suspends the registration alleging that the signatures are not notarially legitimated nor does the document carry electronic signature with CSV.

Following this DGSJFP resolution, that qualification criterion is incorrect: the original administrative document with original handwritten signatures is an inscribable title in accordance with article 3 of the Mortgage Law and article 113.2 of Law 33/2003. The purchasing company can appeal the negative qualification note and obtain the registration without needing to go to the notary or obtain a document with CSV.

What should companies do now?

1. If you are processing the registration of a sale of a patrimonial asset of the State and the registrar has suspended the registration due to lack of CSV or notarial legitimation, check if your document is the original on paper with original handwritten signatures. If so, this resolution supports your appeal.
2. If you are a manager or legal advisor of a Public Administration that sells real estate, communicate to your teams that the original administrative document on paper with handwritten signatures is sufficient for registry registration. It is not necessary to elevate to a public deed nor add CSV.
3. If you receive a negative qualification note for this reason, file an appeal with the DGSJFP citing this resolution (BOE-A-2026-22020) and articles 3 of the Mortgage Law and 113.2 of Law 33/2003.
4. Always keep the original document on paper: copies or electronic documents without CSV do not have the same value for registry purposes according to the criterion analyzed here.
5. Consult with a professional if your transaction involves assets of autonomous communities or local entities, as the autonomous patrimonial regulations may have additional requirements not covered by this resolution.

Official source

Consult complete regulation in official source

Notice: This article is merely informative in nature 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-2026-22020