Only three documents are required to be able to register the purchase of your new home in the Land Registry and benefit from the advantages that this entails: a notarised copy of the public deed of sale; the Self-assessment Form justifying payment of the Property Transfer Tax corresponding to your Autonomous Community, and proof of having presented the document for payment of the municipal capital gains tax.
These documents must be presented either in person at the Registry Office in whose territory the purchased property is located, in which case they may be presented directly by the purchaser, by an agency or by the notary's office, if it provides management services, or telematically, directly by the notary before whom the deed is executed.
Once this procedure has been completed, registration shall be carried out within the following fifteen working days. The registrar will check that the contract has been executed with all the requirements established by law in order for it to be fully effective and for the purchaser's property rights to be able to access the Register.
If he considers that the document has any defect that prevents its registration, he will notify it in a reliable manner so that it may be rectified or, in the event that the interested party does not agree with the qualification of the registrar, a review of the qualification may be requested by any of the procedures established by law.
After registration in the Register, the latter notifies the Cadastre of the change of ownership of the property and once registered, the right lasts forever, as long as the owner does not dispose of it or a court so decides, without it being necessary to renew it or pay again any amount for the maintenance of the registration protection.
1.- that the purchaser is fully protected in the right he has acquired, since only if he registers his right in the Register:
- He will be considered the sole and true owner until the contrary is declared in a court judgement.
- He will be protected against the seller's creditors.
- You will be protected against hidden charges that may affect the property.
- You will be able to obtain judicial protection of your right in the event that it is disputed by others or your possession is disturbed.
- Once you have registered your right, no one can effectively acquire any right to your property without your prior consent.
2.- The buyer can obtain a mortgage loan with which to finance the purchase of the property, because only if the buyer registers his property right can the bank register the mortgage that guarantees the repayment of the loan.
