Why consult the Spanish land registry?

Real estate transactions in Spain are subject to various formalities. For example, owners must register their property with the Property Registry. They are also required to take steps at the Spanish land registry. What are these formalities, and what do they entail? Immo 365 Costa Brava offers you its expertise in carrying out the cadastral procedure in Spain.

What is the Spanish cadastre?

Before buying a home on Iberian soil, you need to consult a number of documents. The nota simple in Spain, the land registry and the property register are among the most important. They give you all the information you need about a plot of land.

Dependent of the Ministry of Taxation, theSpanish cadastre is the official identifier for a property. It records information relating to the surface area and value of landed property. Also known as a cadastral certificate, it takes the form of a 20-character alpha-numeric code. The first 2 symbols identify the province and the next 3 identify the municipality. The following characters of the code respectively designate the sector, the geographical location, the parcel number, the property identifier. They also include certain technical information on the nature of the property.

The Spanish cadastre contains economic, legal and physical data relating to each dwelling:

• Cadastral reference in Spain,
• use,
• location,
• name of the property owner,
• area,
• graphical representation.

The cadastral value is also entered in the certificate. It designates the estimated price that the administration assigns to each property and is used as the basis for determining the property tax or IBI.

The main objective of the cadastre is to combat fraud in the property sector and to ensure legal certainty for owners. When a property is registered, it can therefore be easily identified by public and private administrations. In the event of a dispute, a solution can be found more quickly. Before investing in a house or flat, you can consult the Spanish land registry to obtain all the necessary information such as the estimated value of the property, the presence of a mortgage, the actual dimensions, etc.

Cadastral information is also used to determine the tax situation of the homeowner.

Characteristics of the Spanish land registry

The Spanish land registry is accessible to everyone free of charge. This administrative register is renowned for its great transparency. No citizen can therefore request that a plot of land cease to be listed. In principle, only notaries are authorised to inform the land register of any changes that may affect it, particularly following a property transaction. However, in some cases, the tax authorities, the local council and the property register may also be involved.

Any citizen or their representative may consult the Spanish land registry to request information about a property. In the event of apparent errors on their property record, they can ask for corrections to be made. For example, if a garage or swimming pool has been built, you can provide additional information to be updated. Very often, the Spanish land registry is not systematically updated.

Although it is freely accessible, this administrative register aims to protect property owners. With this in mind, the civil and tax identity of each property owner is kept confidential. To consult a cadastral reference in Spain, you can contact the administration by telephone on +34 913 874 550. The official website can also provide information. Another option is to visit the land registry office of an autonomous community or a cadastral information point (PIC).

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The differences between the property register and the land registry

The property registeris one of the other sources of land information you can consult as part of a property transaction. Despite its many similarities to the land register, it has a few specific features. For example, the property register is under the aegis of the Spanish Ministry of Justice.

Registering a property in the land registry is not optional, and withholding certain information can even result in severe penalties. You may have to pay a fine of several thousand euros depending on the seriousness of the case. On the other hand, appearing on the property register is not a legal requirement.

For exceptional reasons, however, the law may require a property to be listed. This is the case, for example, when there is a mortgage on the property. Unlike the cadastral reference in Spain, the property register is not free. To obtain certain information, you will have to pay around 20 €. The amount may vary depending on whether the request is made physically or over the internet.

La nota simple

Compared with the Spanish cadastre, the property register is a much more relevant source of land information. It provides access to highly reliable, but above all more comprehensive, data. You can even find out about any debts that may exist on a house or flat.

All the information recorded by the property register appears in the nota simple. This detailed document is required as part of any property transaction in Spain. It contains, among other things, a description of the property and, more specifically, its type, boundaries, use, surface area or registration number. You can also find the ownership of the plot, i.e. the name of the owner, the dates of purchase and entry in the register, the name of the notary who supervised the transaction, the method of acquisition.

The nota simple lists the different encumbrances on the property, such as mortgages, easements or even limitations on use. Access to the document is open to anyone, provided they demonstrate a legitimate interest. For example, when you position yourself as a potential purchaser, you will pay the current rate to come into possession of the nota simple.

How to register your property with the Spanish land registry?

The land registry procedure can be very long and complex. It is subject to rigorous and strict formalism. As a property owner, you must mobilise a number of essential documents.

For non-residents of Spain, the cadastral procedure is even more delicate, as certain formalities require the presence of the owner. However, you can seek the expertise of a notary or a lawyer who is an expert in property law. These two professionals can provide you with tailored legal assistance. For example, the notary can take charge of forwarding various documents to the authorities:

• declarations made by the former owner,
• deed of sale,
• attestations from the local council,
• acts recorded during the transaction,
• documents relating to the owner's tax situation.

He can also produce or assemble other documents required by the tax department. For example, as part of registration with the land registry, the owner may be asked to provide graphic and physical data on his property. These generally take the form of sketches, architectural plans, drawings, with actual measurements relating to the surface area of the property. This is known as a graphic cadastral certificate. It is subject to very specific regulations. The various plans must be accompanied by legal certifications, notarial deeds and official information.

Are you planning to sell your house or flat in Madrid or Valencia? Use a real estate capital gains calculator as a non-resident in Spain to find out the extent of your tax obligations on Iberian soil.