Declaration of property and annexes in the Spanish Cadastre, step by step.

Procedures and formalities: Declarations

The purpose of the declaration of facts, acts or business relating to real estatePrs is the registration or modification of data in the Real Estate Cadastre for:

The acquisition of ownership and its consolidation, the constitution, modification or acquisition of the ownership of an administrative concession and of usufruct and surface rights, as well as variations in the share corresponding to each of the spouses in the common real estate, or in the internal composition and in the share of participation of each of the co-owners, members and participants in the cases of concurrence of several owners or the existence of entities without legal personality.
The construction of new buildings, as well as the extension, refurbishment or reformation of existing buildings, whether total or partial.
The total or partial demolition or demolition of constructions.
The segregation, division, aggregation and grouping of properties.
The constitution of the regime of horizontal division of real estate.
The change of type of cultivation or use.
Modification of the use or destination of real estate or premises that are part of buildings or installations.

The obligation to declare is exempted:

The acquisition or consolidation of ownership or the acquisition or constitution of the rights of usufruct, surface area or of an administrative concession, whether they refer to the whole of the real estate or to an undivided share of the same previously incorporated in the Cadastre, when the following requirements are met:
Likewise, there is no obligation to declare when, within the established period (two months) for submitting the corresponding declaration, the transferor of the right, has submitted a request for cancellation of cadastral ownership.
1. The act or business is formalised in a public deed or its registration in the Land Registry has been requested.
2. That the cadastral reference of the property has been accredited by any of the following means: Cadastral certification obtained from the Electronic Headquarters of the Cadastre (https://www.sedecatastro.gob.es), public deed or registry information, last receipt justifying payment of the Real Estate Tax or certificate or other document issued by the Cadastre Office.
Segregations, divisions, aggregations or groupings of real estate, which notaries must notify to the Cadastre, provided that the cadastral reference of the affected real estate is recorded, there is a correspondence between the real estate subject to such actions and the description appearing in the Cadastre and that a plan is provided, represented on the cadastral cartography, which allows the identification of these alterations.
The events, acts or businesses likely to generate a cadastral registration, cancellation or modification for which the corresponding municipal licence or authorisation has been granted, in those cases in which the Town Council has made use of the legally established system of communications by means of a tax ordinance.
Alterations to real estate arising from land consolidation, administrative boundaries, compulsory expropriation and acts of urban planning and management that the acting Administrations must notify to the Cadastre and, where applicable, the property registrars, provided that the cadastral reference of the affected properties is recorded, as well as the plan that allows the identification of said actions on the cadastral cartography.
Segregations, divisions, aggregations or groupings of real estate that the registrars must notify to the Cadastre, provided that the cadastral reference of the affected real estate is recorded, as well as the plan that allows the identification of said actions on the cadastral cartography and that their registration in the Land Register is requested within two months of the event, act or business in question.
The unregistered participation shares of the spouse and of the co-owners, members or participants of communities or entities without legal personality, in those cases in which the State Tax Administration Agency must send this information to the Cadastre.
Changes in the cultivation or use of rural real estate that the Ministry of Agriculture, Food and the Environment notifies to the Cadastre, of which it becomes aware on the occasion of applications for aid under the Common Agricultural Policy.

Regulations

Revised text of the Law of Real Estate Cadastre approved by Royal Legislative Decree 1/2004, of 5 March, Royal Decree 417/2006, of 7 April, which develops the revised text of the Law of Real Estate Cadastre and Order HAC/1293/ 2018, of 19 November, which approves the model of declaration of cadastral alterations of real estate and determines the graphic and alphanumeric information necessary for the processing of certain cadastral communications.

Competent body

The Cadastre Management Offices.

Form of initiation

At the request of a party.

Legitimation

Holders of administrative concessions on real estate or on the public services to which they are attached, of rights in rem of surface, of usufruct or owners of real estate.

Start date

Two months from the day following the date of the declared event, act or business.

Place of filing

At the Electronic Headquarters of the General Directorate of Cadastre (Assistant for cadastral declarations).
At the local Directorates or Units of the Cadastre or the Delegations of Economy and Finance in which they are integrated.
In the other bodies and offices listed in article 16.4 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations.
At the town council in whose municipal district the property to which the declaration refers is located.

Submission of declarations

Cadastral declarations will preferably be filed electronically through the Electronic Headquarters of the General Directorate of Cadastre (https://www.sedecatastro.gob.es).
The declarations will be completed using the assistant for the preparation and presentation of declarations available at the Electronic Headquarters of the General Directorate of Cadastre (cadastral declarations assistant). As a result of this completion process, a pre-declaration will be generated, identified by its reference number or code.
When the means of identification and signature described in the following point are available, said pre-declaration may be presented via the Electronic Headquarters of the General Directorate of Cadastre.
In the absence of such means of identification and signature, the pre-declaration may be printed and presented in the places indicated in article 28.1 of Royal Decree 417/2006, of 7 April. In these cases, the declaration model may also be used, which may be obtained from the Portal of the Directorate General of Cadastre (Declaration model 900D), duly formalised.
For electronic filing, interested parties must have the electronic signature systems incorporated in the National Identity Document, an advanced electronic signature based on a qualified electronic certificate, or any other means of identification and electronic signature accepted by the General Directorate of Cadastre.
The electronic filing of declarations will be obligatory when they are made:
1. The Administrations, entities and public bodies listed in article 17.2.d) of the revised text of the Law of Real Estate Cadastre.
2. Legal persons.
3. Communities of property, inherited estates or entities without legal personality that are constituted and identified electronically in accordance with tax regulations.
4. Those exercising a professional activity for which compulsory registration is required, in the exercise of said activity.
5. Those who represent an interested party who is obliged to interact electronically with the Administration.
Those obliged to file cadastral declarations electronically must state their e-mail address and mobile phone number or any other means of electronic communication. In the rest of the declarations, interested parties may include this information on an optional basis.
The Directorate General of Cadastre may send notices or communications to interested parties using e-mail, mobile phone, electronic device or any other means of electronic communication that the interested parties state in the cadastral declarations.

Documentation to be presented by the interested party

The declaration must be presented together with the following documentation: (cadastral declaration assistant) (900D declaration form)

The document accrediting representation in the event that the declarant acts as the representative of the party obliged to declare. For this purpose, the standardised representation document published on the Cadastre Portal may be provided (Representation document), or accreditation of the registration of the representation in the electronic register of powers of attorney of the General State Administration, without prejudice to the power of the interested parties to grant their representation in different terms, accrediting it by any other means valid in law.
When the presentation of a declaration may affect the graphic representation of plots adjoining those that are the object of the declared event, act or legal business, in addition to the documentation relating to the declared alteration, the graphic representation of the final situation of all the adjoining plots affected must be provided, together with the following specific documentation.
In these cases, the declared alteration will be processed according to its nature. However, failure to submit the documentation foreseen in sections a and b above will prevent the processing of the modification of the graphic representation of the adjoining plots.
1. Documentation accrediting the proposed graphic representation (public deed, administrative document or other equivalent).
2. List of all the plots affected by said graphic representation.
3. Written statement or document stating the conformity or non-opposition to the proposed graphic representation by the cadastral owners of all the adjoining plots affected.
4. If this information is not provided, the Directorate General of Cadastre may obtain it by its own means.
All declarations whose specific documentation must include a graphic representation must be made on cadastral cartography.

In addition, depending on the alteration declared, the following documentation must be submitted:

Declarations for alteration of the cadastral titleholder and for variation in the share of participation in real estate, must be accompanied by:
1. Documentation accrediting the alteration, whether it be a certificate or simple registry note, court ruling, public deed, private contract or other, in which the acquisition of ownership of the corresponding property or the constitution or modification of the right is stated, as well as the share of participation of the different co-owners, members or participants if the acquisition of the property or right has been made ‘pro indiviso’ by a plurality of persons, or the share of each of the spouses when it has been acquired jointly by a married couple.
2. If a right of superficies or an administrative concession is constituted over part of an immovable property, it must also be accompanied by a graphic representation showing the portion of land over which the administrative concession or right of superficies is granted.
3. If it affects premises or elements of constructions or buildings, a sketch or floor plan of the premises or elements of the construction or building affected must be submitted.
Declarations for new construction, and for the extension, refurbishment or reform of existing buildings must be accompanied by:
1. Deed of new construction, if this document has been granted.
2. Certificate of completion or technical certificate, endorsed by the corresponding professional association, deed of declaration of completion or, failing this, any other document that allows accreditation of the date of completion of the work.
3. Colour photograph, of the appropriate quality, of each of the façades of the building or installation.
4. Site plan of the building or installation on the plot, represented on the cadastral map.
5. Plans of each floor of the building with a different distribution, in accordance with the work actually executed, indicating each premises or private element with a differentiated use, and the resulting table of surface areas.
6. Summary or, where appropriate, document of the report on materials and qualities.
7. Documentation accrediting the cost of the material execution of the works.
8. In the case of a building under any public protection regime, the definitive qualification certificate must be provided.
Declarations for demolition or demolition must be accompanied by:
1. Document accrediting the alteration, either the licence or administrative authorisation, the approved project and a technical certificate or equivalent document stating the date on which the demolition was carried out.
2. In the case of partial demolition or partial demolition, a plan of the location of the construction or installation remaining on the plot, represented on the cadastral map, must also be provided.
Cadastral declarations for the segregation, division, aggregation or grouping of properties that affect plots or portions of land must be accompanied by:
1. Public document that accredits the alteration, whether it is a certificate or simple registry note, judicial sentence, public deed, administrative certification of the act in which it is agreed for public domain property, or other equivalent public document, accompanied when this is mandatory, by the corresponding licence or authorisation. It may also be accredited by means of a private document provided that, in the case of the segregation or division of properties, it is accompanied by the appropriate licence or administrative authorisation or certification that this is not necessary in accordance with the applicable legislation, in which the cadastral reference of the property or properties affected is stated.
2. Graphic representation of the resulting cadastral parcels on the cadastral cartography.
When cadastral declarations of segregation, division, aggregation or grouping of properties affect premises or parts of a building, they must be accompanied by:
1. Document accrediting the alteration, stating the new shares in the common elements, if any. If the property in which the premises are located is subject to the special regime of horizontal division, a document justifying the modification of the constitutive title must be provided.
2. Plans or sketches of the affected premises showing the previous and subsequent situation in accordance with the alteration actually carried out.
Cadastral declarations for horizontal division of properties must be accompanied by:
1. Certification or simple registry note that accredits the horizontal property regime or constitutive title of the horizontal division regime of the property.
2. Plans of each floor of the building or installation with a different distribution indicating each premises or private element with a different use, such as a dwelling, garage or storage room, which must coincide with the existing description in the horizontal division and with the work actually carried out, as well as the representation of all the common elements.
3. If the declaration affects storage rooms or parking spaces in pro indiviso assigned to the exclusive and permanent use and enjoyment of one owner, which must be considered real estate for the purposes of article 6.2.a) of the revised text of the Law on Real Estate Cadastre, the public deed accrediting said assignment must also be attached, as well as the plan of each floor affected.
Cadastral declarations due to a change in the type of cultivation or use of the property must be accompanied by the following:
1. Document accrediting the alteration and its date, whether it be a licence or authorisation, certificate from a competent technician, approved project or other equivalent public or private document.
2. In the case of a change of cultivation that requires administrative authorisation, this must be provided. In particular, in the case of a change to an irrigated crop, one of the following documents must be provided: the administrative concession of the right to the private use of water, the certificate of registration in the Water Register or the certificate of the irrigation community issued by the Secretary of the same with the approval of the President. In this case, a project or technical certificate must also be provided that accredits the presence or possibility of sufficient water at the foot of the plot or plots for which the change of crop is requested.
3. In the case of a change of type of crop or use that affects only part of a plot or sub-plot, a plan showing the resulting situation, represented on the cadastral map.
Cadastral declarations due to total or partial modification of the use or destination of the properties or premises must be accompanied by:
1. Document accrediting the alteration and its date, whether it is a licence or authorisation, certificate from a competent technician, approved project or other equivalent document.
2. In the case of a modification of use or destination that does not affect all the buildings located on the property, a sketch or plan of the part of the building affected that reflects the resulting situation, in the terms indicated in section 2 of article 3.

Phases of the procedure

Registration of the file.
Reports and/or requirements, if necessary.
Hearing of the interested parties, if necessary.
Resolution.
Notification of the decision.

Resolution period

Six months.

Effects of failure to reach a decision within the time limit

Rejection.

Appeals

The resolution of the procedure does not put an end to administrative proceedings. Within one month of notification of the resolution, the following may be lodged:

Economic-administrative claim before the Regional or Local Economic-Administrative Court. If the cadastral value of the property exceeds 1,800,000 euros, this claim may be lodged directly with the Central Economic-Administrative Court.
As an alternative and prior to this economic-administrative claim, an appeal for reconsideration may be lodged with the Cadastre Management Office that issued the act, and it is not admissible to lodge both appeals at the same time.