What is catastro in Spain
Why should you know the legal situation of the property before buying it?
– How is it possible that the property’s data does not coincide with the one in the Property Registration and the Cadastre? What problems may this discordance give me?
Those were John’s exact questions. A client who had just bought a villa in Jávea.
Our answer:
– We understand your doubts, but it is still one of the failures in the Spanish system, in terms of property data and information.
Believe it or not, this record contains many errors.
Why may the Cadastre have errors?
The main reason for this is that for many years the only active and controllable registry was the Property Registration, and it was only recently that the Property Registration began its coordination with the Cadastre.
These types of errors must be corrected by individuals or their legal representatives.
Why is this important?
In order for the information between the Cadastre and the Property Registration to coincide, whether you are buying or selling.
If you are going to sell a property, the buyer will demand for consistency between the information in the Registry and the Cadastre and, for its correction.
This 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 be able to provide the buyer transparent, truthful and clear information about the property. This is a trustworthy value that we provide to the buyer in the transaction.
However, interpreting such information is not easy.
Above all because finding where the error is involves a process of careful study and comparison between the data in the deed, the cadastre and the register and, depending on where the error is found and how it occurred, the corresponding correction must be made.
Our Law Firm can make that comparison and inform you of the exact situation of the property you are thinking of buying or selling.
This comparison is a service that we do for free for our clients.
What is the Spanish Property registration?
The Property Registration in Spain presents 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 subject to registration are registered.
Once the registration has been carried out and all the data of the sale is recorded in the Register, it becomes public and can 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 owner’s identification.
- Any charges that may be levied on the property (mortgages, embargoes, debts to the tax authorities, town planning charges, etc).
- Interpret marginal notes or charge entries to see if they can be cancelled and if so, if this entails a cost.
What is Catastro in Spain
The cadastre is a register in which the legal plans are integrated, to put it in a way that is easy to understand, because it is much more than that.
This register contains the fiscal and planning data of the property as well as the coordinates to be able to identify it.
The information that we found in the cadastre is the following:
- The plans of the property.
- The accesses to the property (roads, easements. . . )
- The cadastral reference number (which gives access to the fiscal information)
The data of the property is stated in the deed that was signed when it was bought, complemented in its case with the New Construction Deed.
What is New Construction Deed?
The Deed of New Construction is a document that is signed at a Notary. This document describes the new construction of a house with a new floor plan or that has been reformed by changing its configuration.
