SUMMARY OF THE ARTICLE
1.- Land Registry and physical reality.
It is common for building works carried out over the years — extensions. Swimming pools. Porches. Etc. — not to have been recorded in the Land Registry. This discrepancy can cause problems and delays when the property is to be bought or sold.
2.- Declaration of old building work. Works without planning permission.
In certain cases, even works carried out without planning permission can be recorded in the Land Registry by means of a declaration of old building work. To do so, certain requirements must be met. The expiry of the statutory period. The absence of urban planning enforcement proceedings. And the expiry of the Administration’s period for taking action. Technical documentation will also need to be provided, such as a certificate of age and georeferencing.
3.- Declaring building work does not mean legalising it.
The registration of old building work does not mean that it has been legally authorised under planning law. A building may be recorded in the Land Registry and, at the same time, be subject to a planning status that limits the works that can be carried out on it. It may even be subject to the “out of planning” regime.
Unexpected issues are common in Spanish property transactions. Problems with the certificate of habitation. Construction defects. An outstanding community charge. Etc. One of the most usual is the description of the property in the Land Registry not coinciding with the property’s physical reality. In this week’s article, we explain what declaring old building work involves. And why updating the Land Registry in good time may avoid last-minute delays.
The Land Registry and physical reality do not always match.
Over the years, homeowners often carry out works on their property. An extension. A swimming pool. An enclosed porch. Etc. It is very common for these changes never to have been reflected in the property’s Land Registry description. When a property is on the market, and the physical reality does not match what is recorded in the Land Registry, this discrepancy can become a point of friction between the buyer and the seller.
Is it always possible updating the Land Registry to register undeclared works?. What happens when the works were carried out without planning permission?.
Declaration of old building work. Works without planning permission.
Even when works were carried out without planning permission, it is often possible to register them in the Land Registry. In the Valencian Community, as a general rule, the construction must be more than 15 years old. It must also be free from planning enforcement or infringement proceedings. And the period available to the Administration to act against such works must have expired. In addition, various technical documentation must be presented:
.- A Certificate of antiquity prepared by an architect.
.- The georeferenced coordinates of the constructions, and the plot.
.- In some cases, and depending on the circumstances, it may also be necessary to provide a topographical survey.
.- Etc.
However, a construction located on protected land is not the same as one located on ordinary land. Nor is a work carried out in 1999 the same as one carried out in 2012. Each case has its own particularities, which is why it is essential to carry out an individual assessment before taking any action.
Declaring does not mean legalising. Planning status. Out of planning.
Declaring old building work due to the expiry of the limitation period does not amount to its legalisation under planning law. The period available to the Administration to require demolition may have expired. But this does not necessarily mean that the construction complies with the current planning regulations. Even if the description in the Land Registry can be successfully amended… in some cases, the property could be declared to be “out of planning”. Meaning that only works of mere conservation will be authorised. The construction is tolerated as it stands, but without any real possibility of extending or altering it.
Conclusion.
Whether you are buying or selling a property, checking the property’s description in the Land Registry is essential. At White Baos Lawyers we have been helping our clients across the Costa Blanca updating the Land Registry and Cadastre status of their properties for years. If you are planning to sell, buy, or simply want to understand the status of your property, do not hesitate to contact us.
The information provided in this article is not intended to be legal advice but merely conveys information relating to legal issues.
Carlos Baos (Lawyer)
White & Baos.
Tel: +34 966 426 185
E-mail: info@white-baos.com
White & Baos 2026 – All Rights Reserved.
