Cadastral status of a property. Hello I recently bought a property in Javea . We now realize that we are paying a property tax (IBI – SUMA) for a house that is not ours. How is it possible that no one realised this before ?
It is important to make sure when buying or selling a property in Spain, that you take legal advice using the services of an independent lawyer.
Even if you are using a bank, a real estate agent and the public notary for the signing of the Escritura, they do not ( as it is not their duty) do all the necessary checks such as the urban status of the property, the existence of occupational license , correspondence between cadastre and registry , etc .
It is essential to check the status of the property on the cadastre, as it is an administrative record reference for tax purposes, used to determine the local taxes ( IBI or SUMA bill, equivalent to council tax).
cadastral status of a property
Even though it is now legally required to record the cadastral reference of properties in the deeds of sale, this requirement is relatively new, there are many properties registered at the Land Registry with no mention of their cadastral reference.
Even worse, it can occur that the cadastral reference assigned at the land registry to a property is actually incorrect and does not correspond to that property. It is also very common that a property has a different description (address, property, etc) at the Land Registry to the cadastre. Sometimes they have the same description but correspond to different properties.
Therefore , it is essential to check that the address and details on the cadastre match the reality and the land registration. This requires locating the property in the cadastral plans.
One should also get from the Town Hall the corresponding equivalency certificate. This should confirm that the Land Registry and the cadastral description correspond to the same property.
This is the only way we can be sure that the Land Registry registration and cadastral information relate to the same property and that both coincide with reality.
Our firm can help you confirm that the cadastral information of your property is correct, and if necessary, update and correct it. Contact us.
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)
White & Baos 2014 – All rights reserved.