A fehaciente notification (notificación fehaciente) is one that leaves reliable proof, also for third parties, that a message was sent, reached the recipient, on what date and with what content. Fehaciente means that it bears witness. No general Spanish law defines it: some laws require it and, if there is a dispute, the judge decides whether the method used qualified.
In practice
When a law wants a specific method, it names it. In sales of property, the Civil Code lets a buyer pay late until they have been served a demand "judicialmente o por acta notarial" (through the court or by notarial act) (article 1504). When a law only says "en forma fehaciente", as the Urban Leases Act does when a rented home is sold, it does not fix the method, and whoever gives notice must be able to prove it.
On paper, the most common method is a burofax with certified content and acknowledgement of receipt: Correos presents it as the way to prove what was communicated, not just that something was sent. A registered letter proves sending and delivery, but not the content.
Online, the law draws a line. Only a qualified electronic registered delivery service, from a provider on the official list, carries the legal presumption of data integrity, sender, recipient, date and time. A non-qualified certified email, like the one we build, is not a fehaciente notification and does not replace a burofax: it is electronic evidence the judge weighs freely if it is challenged.
Often the law asks for less. The Horizontal Property Act speaks of "cualquier medio que permita tener constancia de su recepción" (any means that leaves a record of receipt), and Organic Law 1/2025, for the MASC, of a document proving receipt, date and access to the full content. Neither uses the word fehaciente. We explain it with cases in MASC by certified email.
What the law says
- Article 25 of the Urban Leases Act. The tenant's period to exercise the right of first refusal runs from being notified "en forma fehaciente" of the decision to sell, the price and the terms.
- Article 1504 of the Civil Code. A demand through the court or by notarial act.
- Article 41.1 of Law 39/2015. For notices from public authorities, it requires a record of sending, receipt, dates and times, full content and the identity of sender and recipient. It only governs the authorities, but it is a good list of what you need to be able to prove.
- Article 43 of the eIDAS Regulation and article 326 of the Civil Procedure Act. Legal presumption for qualified services (43.2 and 326.4); free assessment for the rest (43.1 and 326.3).
- Articles 9.1.h and 17.8 of the Horizontal Property Act. Means that leave a record of receipt.
Common mistakes
- Confusing sending with receipt. Having sent something does not prove it arrived.
- Calling any certified email fehaciente. Without a qualified service, there is no legal presumption.
- Assuming a burofax is always required. The Supreme Court has accepted meeting notices given without a notary or registered post where there was "un sistema habitual de comunicación" (a usual system of communication) nobody had objected to (judgment 987/2007).
Sources
- Law 29/1994, Urban Leases Act, art. 25.
- Civil Code, art. 1504.
- Law 39/2015 on Common Administrative Procedure, art. 41.
- Regulation (EU) 910/2014 (eIDAS), art. 43, and Civil Procedure Act, art. 326.
- Law 49/1960, Horizontal Property Act, arts. 9 and 17.
- Supreme Court, judgment 987/2007 of 19 September.
- Correos: Registered letter or burofax? (in Spanish).