How to and why register a property in the Land Registry in Spain

If you have started the process of buying your new home, you just have a few more formalities to complete before you can enjoy it. Registering the property in the Land Registry is done once the purchase of the property is complete, so it is one of the last formalities you should carry out. As we will explain in this article, registering a property in the registry is not compulsory in Spain, but it is strongly advised since it provides a series of advantages. Before we explain what the purpose of registering your property is and how you can do it, first we will tell you what the Land Registry is.

What is the Land Registry?

The Spanish Land Registry, called Registro de la Propiedad, is a public institution that registers properties to know who is the owner of each property and the rights and charges that are placed on it.

Its purpose is to add security to any change of ownership of the property. It also places the legal status of the property on record, in other words, any contract and court or administrative decision that affects the property, such as the existence of distraints, mortgages or adjudications of inheritance.

What is the point of registering a property in the Land Registry?

As we mentioned at the beginning, registering a property in the Land Registry is voluntary. No owner is obliged to register their property, but doing so offers a series of benefits. The fact that a property is registered in the Land Registry can be useful for both the owner of the property and the person interested in buying it.

Advantages of registering a property in the Registry if you are a property owner

From the owner’s point of view, registering your property allows you to:

• Guarantee ownership of the property, in other words, disclose who the owner is. This grants the owner all the rights of that property. Only that person is able to legally own the property.
• Ensure its protection. Registration offers legal security.
• Prevent a previous owner (if applicable) from continuing to appear in the Registry as the owner and being able to sell the property or have it repossessed from them.
• Facilitate the transfer of the property in the event of sale, inheritance or donation.
• Obtain a copy of the deeds of the property if the original ones get lost.

Advantages of the Land Registry for the future buyer

As a future buyer, you will be able to benefit from registration to:

• Access information about the property you want to buy. This is possible because the information held on the Land Registry is public information and anyone with a legitimate interest may request information about a property. If you are going to buy a property, this is deemed to be legitimate interest and, therefore, you are free to request the information that exists about the property through a ‘nota simple’ (property report).
• Access a mortgage loan. In this case, it is essential that the property is registered in the Land Registry in order to finance it. This is a requirement imposed by banks in order to grant the mortgage while ensuring they are protected in the event of potential defaults and hence guarantee the return of the loan. When the property is valued to apply for a mortgage, the valuer will require a property report dated within the last three months.

What is a ‘nota simple’ (property report)

A property report is an informative document provided by the Land Registry in Spain which states the ownership of a specific property and other aspects related to the legal status of the property, such as the existence of charges. It also includes a detailed description of the property which shows, among other details, the address, cadastral reference or usable area.

As we have already mentioned, if you are going to buy a property, you will need to request a property report, both in order to access a mortgage and to ensure the property is free of debt and that the seller is the genuine owner.

You can request the property report both in person and through the Registradores de España (Land Registry) website. To do so, you will need to provide some of the following details:

• CRU/IDUFIR (Unique Registration Code / Unique Identifier of the Registered Property)
• Details of the current owner: full name and NIF.
• The Property’s registry details: province, municipality, registry and plot number
• Location of the property if you do not know the above details

Requesting the property report costs 9.02 euros, not including taxes. Additionally, you can request the translation of this informative document into English for an additional 30 euros, taxes not included. Once requested, you will receive the property report within 24-48 hours. You will receive an email at the email address you provided and will be able to download the document through a link.

How do you register a property in the Land Registry?

Registering your new property in the Land Registry is quite simple and, since it is not a compulsory formality, there is no specific deadline for doing it. However, we recommend you do it as soon as possible. Moreover, once the property is registered, the right to this does not expire, in other words, it lasts forever (or until, for example, there is a change in ownership) without the need for renewal.

What documents do you need to register your property?

To register the property, you will need just 3 documents:

• A notarised copy of the purchase deeds.
• The receipt for the payment of the corresponding taxes. You can check which taxes you will have to pay depending on the type of property you purchase in our article These are the taxes you will pay when buying a property.
• The receipt for the payment of the plusvalía municipal which is a municipal capital gains tax. Although this tax is paid by the seller, the payment receipt must be submitted.

Where do you need to submit the documentation?

Once you have prepared the documents, you will need to submit them to the office of the corresponding Registry. The documents must always be submitted in the same autonomous community that the property is located in. For that reason, we advise you to use this search tool to find the nearest registry. To do so, click on “Registries” and then “Locate your registry”. You will be able to search by either the property’s address or the cadastral reference.

You can carry out this process yourself or you can do it through a ‘gestoria’ (a private agency that handles legal and administrative work) or a notary that offers these services. There is also the option of submitting the documentation telematically through the Spanish Land Registry website.

How much does it cost to register a property in the Registry?

The fees to register a property in the Spanish Land Registry are regulated by law and vary according to the value of the property. There is a minimum fee of €24.04 euros for properties under €6,010.12 euros and a maximum fee which increases to €1,181.67.

What happens once all the documents have been submitted?

Once you have submitted all the documentation the property must be registered within 15 days. During this time, the registrar will need to check the documentation is correct and, if there are any flaws, they will contact you in order to resolve it. Once the property has been registered correctly, the Registry will inform the Catastro (Cadastral Registry) of the change of owner. It is mandatory for all properties to be registered here.

Once this formality is completed, you will be recorded as the owner of your new home. Now it’s time to start the move, if you haven’t already done so. As we know that this can be a rather stressful time, we want to make it easier for you with this list for your move that will help you to make sure you don’t forget anything.