DOCUMENT ISSUES – ESCRITURA AND CATASTRO
The Escritura or title deed for your property is your most important document.
The Escritura states who owns the property and gives a description of the property. Many property owners find it difficult to fully understand this document and to know whether or not it is correct.
The Catastro is a comprehensive register of all land and real estate in the whole of Spain.
The Catastro contains details of the number and location of all plots or parcelas of land, the boundaries, the position of the house and pool (if applicable), the class of the land, the area of the land in m² and the name(s) of the owners.
The information relating to your land and property both in your Escritura and in the Catastro must match.
The Catastro is different from the Land Registry where your land and property are registered when you buy – often an extract from the Land Registry called a Nota Simple appears in your Escritura. Information held by these two departments can often be different and even if your property is registered correctly at the Land Registry, it might not be correctly registered in the Catastro.
We cannot stress enough the importance of having all documentation relating to your property both correct and up-to-date.
Problems with Escrituras
In many cases, the description of a property in the Escritura is not always correct and this is likely to slow down the sale of the property considerably. Even if you used the services of a lawyer when you bought your house, the description in your Escritura may still be incorrect.
How to Update your Escritura
We can help you to update your Escritura.
If, since purchasing your property, you have added a swimming pool or you have built additional accommodation such as a bedroom, dining room or bathroom, or you have built a storage room or a garage, your Escritura must be updated to include these.
If you have the necessary building licence and document that signs off the work as finished according to the licence for the work that you have undertaken then the updating of your Escritura will be straightforward. However, if you do not have the required permissions and other documents, then the procedure is different.
If the pool, room or building has been in situ for 6 years or more then it is possible, at the present time, to update your Escritura using a certificado de antigüedad, a certificate of antiquity.
This process involves the services of an architect and an asesoria, a visit to the Town Hall (if applicable) and a trip to the office of the Notary as follows:
- The architect needs to visit your property, re-measure your house or measure the pool or building, produce a plan and have that plan certified officially.
- The asesoria needs to produce the documentation that will be required by the Notary and Land Registry.
- For living accommodation, a certificate is required from the Town Hall. For a pool, storage room or garage, there is no requirement for such a certificate.
The updating of your Escritura needs to be done prior to completion and as this whole process can take some considerable time, it is advisable to act sooner rather than later so as not to hinder the sale of your property.
We can guide you through the whole process from beginning to end and if you want us to, we can accompany the architect to your property, assist you at the Town Hall and go with you to the office of the Notary.
Problems with the Catastro
Often described as the ‘other land registry’, the information held in the Catastro is frequently inaccurate.
There are many ways in which the Catastro can be incorrect but the most common reasons are:
- The boundaries and location of your parcela and house are specified correctly, but your personal details are not correctly registered, or
- The boundaries of your parcela are shown incorrectly, or
- Your house is registered in your name, but the land is registered in another name, sometimes that of the previous owner, or
- The land is registered in your name but the house is not registered at all, or
- Neither the land nor the house is registered in your name.
Even if you used the services of a lawyer when you bought your house and the Nota Simple is correct, the details entered in the Catastro can still be wrong. If the information held by the Catastro is incorrect, this can delay a sale, particularly if the buyer requires a mortgage.
How to Resolve Problems with the Catastro
We can help you to resolve any issues with the Catastro
We can arrange for a topografía, or topographic survey, of your land to be undertaken. This entails the services of a surveyor who will walk the boundaries of your land with you and plot them accurately using GPS technology. The surveyor will then draw up comprehensive plans of your parcela, your house and your pool (if applicable). He will then submit these details to the Catastro office along with your Escritura and your correct personal details.
The Catastro will then be updated with the right information. This whole process can take some considerable time so it is advisable to have the relevant checks made without delay so as not to hinder the sale of your property.
We can help you through this process and we can:
- Check the details held in the Catastro in relation to you and your property.
- Arrange for a topographic survey of your land.
- Ensure that your details are updated correctly in the Catastro.
For more information about any of these services please - contact us