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Real estate regulations: housing, rental, urban planning and property

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Real Estate BOE

Vigo can build up to 45 meters without aviation permission in green zones

Construction in green zones of the municipality of Vigo is exempt from requesting prior authorization from AESA, provided it does not exceed 45 meters in height...

Developers, contractors and property owners with projects in the municipality of Vigo

27 Jul 2026 Read more

Real Estate BOE

The Property Registry may reject registration of a mortgage foreclosure adjudication if the debtor was not properly notified

The General Directorate resolves a challenge to the registry's refusal to register a mortgage foreclosure adjudication due to defects in debtor notification. Al...

Financial entities, investment funds, mortgage debtors and property registrars

25 Jul 2026 Read more

Real Estate BOE

The Supreme Court clarifies when a married co-owner can purchase a share as separate property

The DGSJFP resolves that purchasing an undivided share by a married co-owner in community of gains is insufficient to declare it separate property without docum...

Spouses in community of gains regime purchasing real estate as separate property and notaries/registrars

25 Jul 2026 Read more

Real Estate BOE

The Supreme Court clarifies when a bank can cancel a mortgage through anticipated power without notarial intervention

A ruling clarifies whether it is valid to cancel a mortgage using a prior bank power supplemented with a private zero-balance certificate. The registrar rejecte...

Property owners with economically cancelled mortgages, banks and notaries processing property registry cancellations

25 Jul 2026 Read more

Real Estate BOE

The Supreme Court clarifies when a bank can cancel a mortgage through anticipated power of attorney and zero balance certificate

The DGSJ resolves a challenge regarding whether a private zero balance certificate can complement a notarial power of attorney to cancel a mortgage. The require...

Property owners with cancelled mortgages, notaries, registrars and banking entities

25 Jul 2026 Read more

Real Estate BOE

Mortgage cancellation: Banco Santander can authorize the debtor to sign the deed with a zero balance certificate

The DGSJFP resolves that it is valid to cancel a mortgage through an irrevocable power of attorney from the bank to the debtor, supplemented with a zero balance...

Mortgage debtors, banks, notaries and property registrars

25 Jul 2026 Read more

Real Estate BOE

The spouse's address is presumed equal to that of the married buyer in a property sale

If a spouse purchases a property for the community of marital property, it is presumed that both spouses live together and it is not necessary to separately ind...

Notaries, property registrars and married couples acquiring assets in community of marital property

24 Jul 2026 Read more

Real Estate BOE

The registrar cannot require repeating in a mortgage clause what is already stated in the deed

The DGSJFP resolves that it is not necessary to repeat in the extrajudicial sale clause that the property is not a habitual residence if it is already clearly s...

Notaries, registrars, financial entities and mortgage debtors with non-habitual properties

24 Jul 2026 Read more

Real Estate BOE

The Registry may reject the registration of an easement if a more suitable legal figure exists to regularize a construction in another's subsoil

The DGSJ resolves that a horizontal party wall easement is not valid to legalize a building constructed under the subsoil of another property, with specific leg...

Owners with buildings in another's subsoil, notaries and property registrars

24 Jul 2026 Read more

Real Estate BOE

The Property Registry may deny short-term rental registration requests if the property is not in its jurisdiction

The General Directorate rules that it is valid to deny the registration of short-term rental if the property does not belong to that Registry. The owner must go...

Owners requesting short-term rental registration number (tourist rental)

24 Jul 2026 Read more

Real Estate BOE

The property registry may maintain a note of urban irregularity from 1994 if the license or prescription is not proven

A registrar in Teguise suspends the cancellation of a note of urban irregularity from 1994 due to lack of license. The General Directorate confirms that a licen...

Owners of buildings with old unlicensed works registered in the Property Registry

16 Jul 2026 Read more

Real Estate BOE

Property Registry Must Register Garage Spaces with Storage Rooms Even if Destination is Not Listed in Registry Description

The General Directorate rules that a registrar cannot suspend the registration of undivided garage participations with storage room use because that destination...

Buyers, sellers and notaries in garage and storage room transactions in Catalonia

16 Jul 2026 Read more

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