Sometimes, when for example you are going to sell your house, it can happen that in the Registry it does not appear described as it is in reality. It may be that the extensions that have been made are not reflected in the Registry. Another example would be when you go to the Registry to get information about the deeds of your property and the reality does not match the description, an inherited house that in the deeds only appears the plot but not the building... If this is your case we explain you how you can proceed to correctly register an existing building, an extension or other elements in the Land Registry. The procedure that regulates it is the DECLARATION OF ANTIQUE NEW BUILDING.
Not always, and it is more common than what we can think, the physical reality of our property, that is to say what we perceive, we live, what exists physically is not what legally is written in the Registry. That is to say, it differs from the registry Reality that is the information relative to the property that appears in the Registry of the Property.
This may derive from an undeclared extension, buildings out of order, pre-existing constructions to planning, or even may not be registered for other reasons other than purely urbanistic, such as avoiding paying higher taxes or simply ignorance of the rule.
This does not mean that we cannot adapt the registry reality to what physically exists, and this is done through the REGISTRAR'S DECLARATION.
There are two options for declaring these buildings or constructions: LEGALIZE A CONSTRUCTION SITE
We usually call Legalization when the construction is less than 10 years old and therefore we have to request the License from the City Hall.
REGULARIZE A CONSTRUCTION SITE
If the house was completed more than 10 years ago, we can proceed to regularize it due to its age, this case is simpler, cheaper, faster and easier.
To deed a property and register it in the Property Registry in order to make its existence and age public and reliable, thus we will have recognized rights over the property.
In order for a building - a dwelling or other construction - to meet the requirements for Regularization, it must have the following characteristics:
1. Possess a title deed of said dwelling
2. This deed must be registered in the Property Registry.
3. Pay all taxes, contributions and fees for said property.
4. Have almost the same rights as a legal dwelling
If a house or dwelling is 10 or more years old, we can proceed to its regularization in a fast, simple and economical way.
TO REGULARIZE A HOUSE OR TO REGULARIZE AN EXTENSION OF A HOUSE
The procedure of DECLARATION OF ANTIQUE NEW BUILDING must be carried out by NOTARIAL PUBLIC DEED, that is to say, a notary will be in charge of issuing the declaration to later request its inscription in the Registry. For this purpose, the Notary must have the following documentation relating to the property:
1.- TECHNICAL CERTIFICATE OF AGE OF BUILDING
2.- NOT TO HAVE OPEN URBAN INFRACTION FILES.
3.- NOT TO BE LOCATED IN URBAN PROTECTED LAND.
A building must comply with a series of requirements, including the fact that the urban development crime is time-barred in order for the Public Administration not to act against it. In that case, it could be registered in the Land Registry and thus be regularized.
TO REGULARIZE A HOUSE OR REGULARIZE A HOME EXTENSION
Before REGULATING any action carried out without a license, we recommend that you seek the advice of a competent technician in the matter. The regularization of a house is a simple process in almost all cases, but it is not always possible.
1 PREVIOUS: TECHNICAL ADVICE
Either by means of a confidence technician or from your City Hall, you will have to resolve some previous questions to know if and how the regularization is feasible.
2 DRAFTING: TECHNICAL DOCUMENTATION
In order to apply for the regularization of your house or extension you will need a series of technical documents.
3 NOTARY: DECLARATION OF NEW CONSTRUCTION
A notary will be in charge of issuing the declaration through a public deed to subsequently request its registration in the Registry.
4 LAST STEP: REGISTRATION IN THE LAND REGISTRY
This is the last step. The Registry will register the property as stated in the notarial deed.
TO REGULARIZE A HOUSE OR TO REGULARIZE A HOUSE EXTENSION
The most obvious advantage of regularizing a property is a considerable increase in value for the regularized property.
This is accompanied by another series of benefits such as being able to mortgage the entire property for sale, leave a property in inheritance without any problems...
REVALUE YOUR PROPERTY
The appraisal will reflect the full value of the property. Sometimes it can be as much as double the value of the property or even more.
DEED YOUR HOME
Obtaining equity security and the possibility of requesting a mortgage loan using your home as collateral.
SELL YOUR HOME
It will be easier to sell your property. Obtaining the 1st occupancy you give the guarantee for third parties who acquire your property.
REGULARIZE A HOUSE OR REGULARIZE A HOME EXTENSION
The budget to regularize a house will depend on the surface area and whether it is our primary residence or a second home.
The price to regularize a house or extension of a house can be broken down into concepts and their cost per m2 :
1. Technical Regularization Report. The cost is about 300€.
2. Certificate of Georeferential Coordinates: The cost is about 500€ (this is an approximate cost as it will depend on the characteristics of the plot and building).
3. Deed of Declaration of New Construction: It is around 350-400€. 4. Registration of Deed of Declaration of New Construction: Around 300€- 350€ plus taxes**.
The taxes are calculated on the value of the construction. They are "0.15% X Value" if it is for habitual residence and "1.5% X Value" if it is for NON habitual residence. VAT would have to be added except for Taxes and Fees.
