Cadastral regularisation procedure in Spain

 

What is the cadastral regularisation procedure and what is its purpose?

The cadastral regularisation procedure is one of the procedures for the incorporation into the Real Estate Cadastre of urban and rural real estate with construction, as well as alterations to their characteristics, in cases of non-compliance with the obligation to declare completely and correctly the circumstances determining a cadastral registration or modification. Its purpose is to guarantee that the cadastral description of the real estate is in accordance with reality.

The regularisation of the description of the real estate is subject to the cadastral regularisation fee.

Access to the description of the procedure


When and where does it apply?

The regularisation procedure will be applied in those municipalities and during the period determined by resolution of the General Directorate of Cadastre, which must be published in the "Official State Gazette".


How is the procedure initiated?

The cadastral regularisation procedure is initiated ex officio by the Administration. This initiation must be communicated to the interested parties, who have a period of 15 days to make any allegations they deem appropriate.

In those cases in which there are no third parties affected by the procedure, the procedure may be initiated directly with the notification of the regularisation proposal, together with the payment of the cadastral regularisation fee.


When are the effects of the incorporation or modification in the Cadastre of the properties affected by the regularisation produced?

The cadastral alterations resulting from the regularisation procedure take effect from the day following that of the events, acts or businesses that give rise to the cadastral incorporation or modification.


How is a cadastral declaration submitted during the period of application of the regularisation in a municipality processed?

Declarations submitted within the legally established period, i.e. two months from the day following the event, act or business that is the object of the declaration, will be processed like any other declaration, in accordance with the procedure regulated in article 13 of the revised text of the Law on Real Estate Cadastre.

In the event that the declarations are submitted outside this period, if the regularisation procedure is being applied in the municipality, they will be processed in accordance with this procedure, without prejudice to the fact that the information contained in them and the accompanying documents will be taken into account in this procedure.


What is the cadastral regularisation fee?

The cadastral regularisation tax is a state tax whose taxable event is the regularisation of the description of real estate resulting from the cadastral regularisation procedure.

The amount of the tax is 60 euros for each of the properties subject to regularisation.

This tax must be paid by whoever is liable to pay Property Tax in the year in which the cadastral regularisation procedure has been initiated.

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