What is the Cadastre and its differences with the Land Registry
Properties should be registered in such a way that the reality, the Land Registry and the Cadastre are identical
But this does not always happen, in fact there are many problems in this regard.
How is it possible that the data of the property does not coincide between the Land Registry and the Cadastre? What problems can this discordance give me?
Believe it or not, this registry contains many errors.
Why does the Cadastre have errors?
The fundamental reason is because for many years the only active and controllable registry was the Land Registry and only a few years ago the Real Estate Cadastre began to be updated and only shortly after the Property Registry began to be coordinated with the Cadastre.
This type of error must be corrected by individuals or their legal representatives.
Is it important?
Yes, it is important that the information between the Cadastre and the Registry coincides whether you are going to buy or sell.
If you are going to sell a property, the buyer will demand that there is consistency between the information in the Land Registry and the Cadastre and, therefore, that it is corrected. And if you are a buyer, your legal representative will be in charge of control this tipoc and demanding changes if necessary.
That is why it is essential to know the information of the real estate object of sale.
Although the important thing is not to know it but to have transparent, truthful and clear information about the property. This is a trusted value for buyers and sellers.
However, interpreting this information is not easy.
Especially because finding where the error is involves a process of meticulous study, sometimes drawing up plans and technical reports and a comparison between the data of the deed, the Cadastre and the Land Registry and, depending on where the error is located and how it has occurred, the corresponding correction must be made.
Our legal team can make this comparison and inform you of the exact situation of the property you plan to buy or sell.
What is the Land Registry?
The Land Registry in Spain has differences with other countries that are important to know when you are thinking of making a real estate investment here.
It is a public entity that is where the notarial documents that are signed and are subject to registration are registered.
Once the registration has been made and all the details of the sale and purchase are recorded in the Land Registry, it acquires the character of public and can therefore be accessed.
When our clients want to buy a property in Spain, the first thing we do is request information from the Registry.
What is the most important information you should know from the Land Registry?
- The identification of the owner.
- The charges that the property may have (mortgages, embargoes, debts with the Tax Authority, urban planning charges, etc.).
- Interpret marginal annotations or registrations of charges to know if they can be cancelled and, if so, if this entails a cost.
What is the Cadastre?
The Cadastre is a tax registry that contains an identifying cadastral reference and in which the legal plans are integrated. This is just an easy-to-understand way, because it is much more than that.
This register contains the tax and plan data of the property as well as the coordinates to identify it.
The information we find in the Cadastre is:
- The plans of the property.
- The accesses to the property (roads, easements…)
- The cadastral reference number (which gives access to tax information)
The details of the property are contained in the Deed that was signed when it was purchased, supplemented if the case with the New Construction Deed
What is the New Construction Deed?
The New Construction Deed is a document that contains the information of a finished new construction or a completed renovation and is signed before a Notary. This document describes the new construction of a new house or one that has been renovated by changing its configuration.