Land Cadastre and Register: What to Do When There Are Different Data for a Single Property?
In Spain, there are two different databases for real estate: one is the Catastro (Cadastre) and the other is the Registro de la Propiedad (Property Register). Both aim to specify the characteristics and data of properties. However, it often happens that the data in these two databases do not match. Such discrepancies are more common with properties of a certain age, which have changed owners multiple times without checking the data's consistency with the databases, instead simply transferring information from the previous sale contract. Differences can arise in terms of area, volume, property boundaries (and neighbours), and even location/address.
The Property Register is a public service that records all transactions, contracts, judicial or administrative annotations, or decisions related to a property. In some cases, it also includes court rulings that may result from individuals' financial situations. The register aims to provide certainty in the real estate market, containing all relevant information about the property: description, owner, and any liens or restrictions. Registration in the Property Register is not mandatory but highly recommended.
The Cadastre is an administrative database managed by the Ministry of Finance, describing all properties, including agricultural, residential, and special properties. Unlike the Property Register, registration in the Cadastre is mandatory and free. The primary purpose of the Cadastre is to serve as a basis for determining various taxes (IBI or property tax, inheritance tax, ITP or Property Transfer Tax).
When preparing to sell a property, it is advisable to resolve any discrepancies that arise. The information in the Property Register is considered correct or prevailing, mainly because the Cadastre is primarily an administrative tool for tax determination, while the Property Register is a public registry that legally guarantees ownership rights to a specific property.
When discrepancies arise, it is essential first to determine in which database the erroneous information is presented. Errors may occur in areas such as property boundary maps and their consistency with the Cadastre, property descriptions, registration of buildings, installations, and other improvements, etc.
When registering a property in the Property Register, an error margin of up to 10% compared to the Cadastre is allowed. If the differences between the Register and the Cadastre data do not exceed 10%, no changes need to be made for a notarized transaction. For larger discrepancies, the differences must be resolved, which can make the transaction time-consuming.
This article is based on an article from the real estate portal Idealista.com, which can be read in full in Spanish from HERE.