A few years ago grant and register a Deed of extension or declaration of a new work or building, in order to match the physical reality with the description appearing at the Land Registry, was relatively simple. In the case of declaration of extension of an old building, i.e. those that were finished, it was required only a certificate from a competent technician, indicating the age of the building, that should be over than 4 years, and the description of the property.
But unfortunately, now, after the many legal changes in recent years, it has become a much more complex issue to record an extension or new building grant an extension or declaration of new building with the land registry. This is because in Spain the Land Registry record only consists of a description of the property but does not include plans, and usually it does not match with catastro description.
Now the administration want to coordinate and match Cadastro, Land Registry and reality, and wants the work and documents to achieve that, to be provided by the owners, when for example they want to declare a new building or extension, requiring increasingly for more technical, administrative documentation to be provided, etc.
Now, owners must provide with the geographic coordinates reference of each of the new property changes or extension they wish to register, which can lead to technical problems, such as differences of criteria between registrars, topographers, etc.
Now, we understand it is a necessary to provide with the occupation license or equivalent, stating that the property and / or the extension is able to be occupied.
All of the above is of extraordinary importance for the owners who want to sell their property, and the description in the catastro and land registry does not match with the physical reality, It is very possible that a buyer imposed as a condition of the purchase the Land Registry and Catastro to be updated, risking unforeseen delays.
Therefore, it is advisable to update our property description in the land registry and catastro, to prevent last minute problems if you want to put your home or land in the market, putting the sale at risk.
Therefore, if you want to sell or update your property description in the land registry or catastro, contact us and we will help.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
Spanish solicitor -barrister.
Alicante, Denia, Costa Blanca Marina Alta
White & Baos 2016 – All rights reserved
