Rectification of the surface description of the property. Registration in the property registry

Rectification of the Surface of a Property: Procedure and Registration

Al inherit a farm, It may be necessary to rectify the registered surface if it does not match the current one., especially if renovations or extensions have been made. This process is essential to ensure the accuracy of the information in the Property registration. The purchase and sale document of the property detailing its entire surface area and the distribution of the square meters by floor may coincide with the property registry but may not..

As an example and to understand what we mean. Our parents bought 50 years ago a farm and later they made renovations and/or expanded the apartments and this caused an increase in the square meters of it. The property registry was never informed of the new construction, so the increase in surface area of ​​the property is not recorded..

When we inherit the property we can leave it as detailed in the property registry, which will coincide with the old purchase and sale contract but not with the cadastre.. The latter serves as a reference for city councils to apply the IBI. (Real Estate Tax) which will coincide with the real meters of the property.

Differences between the Property Registry and the Cadastre

It is common that the surface area of ​​a property registered in the Property Registry does not coincide with that appearing in the Cadastre., especially if changes have been made to the property that have not been notified. While the Property Registry reflects the original surface, The Cadastre can show the updated surface after renovations. This discrepancy must be resolved, especially if you plan to sell the property.

If we want to sell the property we will be obliged, as new owners, to notify the corresponding property registry of the room rectification document or new construction. The buyer will need the property registry certificate stating the actual surface area of ​​the property he is going to acquire..

Applicable Regulations: Articles 201 y 203 of the Mortgage Law

Spanish regulations, through articles 201 y 203 of the Mortgage Law, regulates the process of rectification of the surface of a property. Depending on the percentage of difference between the registered surface and the real one, rectification process may vary:

The surface difference does not exceed the 5% of the surface registered in the Property Registry: It will not be necessary to present an additional certification.

The surface difference does not exceed 10%: It is necessary to present a literal and graphic certificate of the cadastre. The registered property and the one contained in the cadastral certification must completely coincide.

The surface difference exceeds the previous percentages: In this case it will be necessary to prepare a technical report. The technical report must be prepared by an architect. The report must include a descriptive and graphic certification of the property indicating all the meters that make up. In order for the registrar to modify and certify the current real surface area, a descriptive and graphic certification of the property must be provided, including georeferences of the managed property, which must match those that appear in the cadastre.. It must be processed by a skilled Notary

The technical report is an essential document for surface rectification. It must be prepared by a registered architect and must include:

• In the report, the architect, details the total area of ​​the entire property and its distribution through a literal description.
• Address and population
• Cadastral reference
• The type of farm is described and how it is distributed by floors.. The meters and spaces found on each floor are detailed on each floor..
• Surfaces built by plants (interior volume/built area)
• UTM coordinates (Universal Transverse Mercator) of the plot. These coordinates are a grid-based map projection system with which points on the Earth's surface can be referenced..
• The report will be accompanied by a photographic document of each space on the property..

The Notary will draw up a record to which he will incorporate the documentation presented by the architect; sending a copy of the same to the competent Property Registry. You will be asked to issue a certification certifying room rectification or new construction.. The registrar, after consulting your file, both literary and graphic representation on paper or computer support. Once verified that the data is correct, will issue the accreditation certification within the legally indicated period. Where the updated data of the property will appear, detailing the new surface area of ​​the property..

Once registered in the property registry, the updated modification, no renewal will be necessary. The registration period never expires.. Unless the surface is modified again to accommodate more or less.

I want a Specialist

Do you consider that your right to legitimate and you want to claim? Are you thinking about making a will and want to be sure that the legal requirements are respected so that no heir can challenge it?? Are you going to inherit and do you think there may be problems with the rest of the heirs??

These types of situations are more common than you imagine., Therefore, it is advisable to have the advice of a expert lawyer in inheritances and successions to protect your interests and so that the entire process is carried out in accordance with the law.

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