REGISTRATION PROPERTY PROBLEMS IN SPAIN
Dear clients and readers,
Are you currently considering buying a property in Spain?
In the affirmative case, we hope you will find this article of your interest.
In the first place, we would like- if we may- to kindly introduce our Law Firm as fully independent conveyancing experts with more than 20 years of experience, in dealing with all kinds of complex Purchase processes of a property in Spain.
We are receiving an increasing number of consultations mainly from international investors experiencing a diversity of problems when buying property in Spain. In fact, we have recently received an enquiry from a client who has been unable to register his property due to a size discrepancy.
Consequently, as this is a very common problem, we have considered it appropriate to write this post, hoping that it will help all our readers.
REAL CASE SCENARIO:
The size of the property according to the land registry doesn’t match the description of the cadastre office (“catastro” in Spanish). As a consequence, the land registry denies the registration.
LEGAL OPINION OF THE LAND REGISTRY
It is not possible to register a new building due to the seniority date, based on the descriptive and graphic certification of the land registry, if the description of the plot contained in the cadastral certification does not coincide with that of the land registry.
Extract of the Resolution of 31 March 2022 (BOE of 19 April 2022)
The registration of a deed declaring a new construction project to be old is suspended on the grounds that the registrar understands that there is no identity between the registered property and the cadastral plot whose certification is intended to accredit the age of the project, as the location does not coincide, if the surface area of both properties does, and the difference exceeds 10%.
The Directorate General dismisses the appeal and confirms the negative qualification note, recalling the doctrine of the Directorate General by virtue of which the accreditation of the age of the building’s work through the cadastral certification is deployed in a double aspect: in relation to the construction that is declared and in relation to the construction that is declared and in relation to the plot on which it is located; in such a way that it is not possible to register the New Construction if the description of the plot in the cadastral certification does not coincide at all with that of the Register, that is, when the surface area, the boundaries, the nature of the land and the location in the Register and in the cadastral certification with which it is sought to accredit the antiquity differ.
Finally, should you be interested in learning more about this important subject, we would like if we may to kindly refer to our previous posts, which also contain further useful legal warnings as well as the steps involved in a conveyancing process in Spain.
HOW TO CONTACT US FOR FURTHER SPECIFIC ADVICE?
We hope you find this helpful information. Remember that this is not intended to be specific legal advice, just a general overview. As independent lawyers, we can help you both by assisting you to all property issues as well as carrying out a comprehensive background legal analysis on your property or problem, if required.
Should you be interested in receiving more specific information, (either about this particular subject or any other), you can contact our firm in several ways:
1. Call us or send us a WhatsApp now at (0034) 687 88 88 73.
2. You can also use our e-mail form at the top of the sidebar of your screen, or alternatively, you can send us an e-mail to firstname.lastname@example.org
Our commitment, we’ll respond to your e-mail inquiry in less than 24 hours.
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Finally, thank you very much for your attention, and in case you have any questions or doubts regarding some other property problems in Spain, please do not hesitate to contact us again. We would like to stress the point that you will be in good hands, and you can be reassured that we will look after your interests in the most committed and professional way.
We look forward to helping you and the benefit of our “know-how”.
Mr Oscar Ricor
“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practising Spanish Solicitor