Spanish Land Registry and Cadastre Coordination Everything you need to know

The Cadastre-Registry Coordination consists of the incorporation of a Cadastral Graphic Representation (C.G.R.) to a registered property in such a way that, for all legal purposes, the delimitation, location and surface area data of this graphic representation will be presumed to be true.

This coordination assistant aims to provide all interested parties (administrations, citizens, technicians and notary publics) with the information related to the same through the different sections available. The tools, reports, documentation, terminology and procedures inherent to the world of coordination will be detailed with the aim of establishing a ‘common language’ that facilitates interaction between citizens in general and public notaries-Cadastre in particular.

Once the co-ordination is effective, the Land Registry will expressly indicate this co-ordination with the Cadastre in the publicity it issues and the date on which it has taken place.

 

General Information

The Mortgage Law and the revised text of the Real Estate Cadastre Law, following its reform by Law 13/2015, of 24 June, establish a system of coordination between the Real Estate Cadastre and the Land Registry, so that the latter incorporates the georeferenced graphic description of the registered properties, using the cadastral cartography as a basis. This is intended to give greater security to the data on the location, delimitation and surface area of the registered properties that are the object of legal transactions.

The technical requirements for the exchange of information and better coordination between the Cadastre and the Land Registries have been developed by means of the following resolution

In accordance with the provisions of the Mortgage Act and the revised text of the Cadastre Act, and in accordance with the provisions of the aforementioned resolutions, the incorporation of the cadastral graphic representation (CGR) will be used in the following cases:

  1. At the time of the formalisation of any registrable act, or as a specific registration operation.

 

The incorporation of the Cadastral Graphic Representation (CGR) will take place, exclusively, in two ways:

  • 1_By providing the Certificación Descriptiva y Gráfica (CDyG) of the corresponding real estate. This will be compulsory for immatriculation and optional, for example, in the case of a purchase and sale (without rearrangement of the land), as well as at any time, without the need to wait for the registration of a new act.

  • 2_By providing the Alternative Georeferenced Graphic Representation (RGA), which is compulsory, for the registration of operations involving the reorganisation of the land, such as subdivision, reparcelling, land consolidation, segregation, division, grouping or aggregation, compulsory expropriation or demarcation, as well as in the immatriculation of estates and the correction of discrepancies. The alternative graphic representation will be executed, in turn, by means of the Informe de Validación Gráfica Alternativa (IVGA).

    This second option requires the completion of the corresponding procedure, which will result in the incorporation of the new Alternative Graphic Representation (RGA) to the Cadastre, enabling the registration of the corresponding Descriptive and Graphic Certification (CDyG).

According to the objective of this assistant, in all its different sections and links, when referring to the IVGA, reference will be made, exclusively, to the CADADASTRAL PARCEL

  • According to the situation, with the contribution of the CDyG or of the IVGA, it will be possible to execute, where appropriate, the Cadastre-Registry coordination, and other actions linked to legal traffic in relation to the Registry and Cadastre in such a way that:

    • Legal security in real estate traffic is increased since, once the cadastral information has been incorporated, the data on the delimitation, location and surface area of the graphic representation of the registered plot will be presumed to be true for all legal purposes.
    • The publicity granted by the Land Registry will indicate whether the property is coordinated with the Cadastre and on what date.
    • It also entails a reduction of administrative burdens, given that the citizen will not have to declare to the Cadastre the alterations communicated by the Land Registry.
    • In a commitment to the Cadastre, the Land Registry will be informed of the changes made to the property.
    • In a commitment to digital administration, the supply of information will be carried out continuously between the Electronic Headquarters of the Cadastre and that of the Association of Property and Mercantile Registrars of Spain. In addition, citizens and competent technicians also have at their disposal the computer services required to obtain the Cadastral Graphic Representation or for the preparation and validation of the Alternative Graphic Representation.

 

Citizens

This part of the assistant focuses on the two different scenarios that, in relation to cadastre-registry coordination, the citizen may be faced with:

1. Obtain a graphic representation that differs from the graphic representation of the cadastre as the holder understands that the latter does not correspond to the physical reality.

2. To express conformity with the information contained in the cadastre.

We will also indicate the steps to follow in the different procedures that we have at our disposal to materialise these situations.

The intention is that the citizen becomes familiar with the different concepts, terminology and existing procedures in relation to the Cadastral Graphic Representation (RGC) and Alternative Graphic Representation (RGA) that allow him, on the one hand, to record the conformity with the current parcel (RGC) or non-conformity (RGA) and on the other hand, to initiate communications with the public notaries and/or the cadastre to materialise one or the other situation.

For a better understanding of this part of the assistant, it is recommended to have previously navigated through the General Information section.

 

GLOSSARY OF TERMS

Aggregation of plots. When one or more independent plots are joined together with a cadastral plot, provided that the latter has an area representing at least five times the sum of those being added. All the plots included in the operation must be adjoining and the resulting plot must have the same outer contour as all the intervening plots. All the plots included in the operation must be adjoining and the resulting plot must have the same outer contour as all the intervening plots.

Grouping of plots. When one or more independent plots are brought together to form a new plot and none of them represents, in surface area, five times or more the sum of the surface areas of the remaining plots. All the plots included in the operation must be adjoining and the resulting plot must have the same outer contour as all of the intervening plots.

Cadastral alteration. Any geometrical editing of the cadastral graphic plot that correlates with a subdivision or reparcelling.

File in GML format. The GML file (Geography Markup Language) is a plain text file in nested structure according to the XML standard and is the standard file to interact with the Cadastre Electronic Headquarters (S.E.C) in order to obtain an Alternative Graphic Validation Report (IVGA). The format used by the General Directorate of Cadastre follows the specification defined in the INSPIRE Directive (Data Specification on Cadastral Parcels - Technical Guidelines 3.1.

Descriptive and graphic certification. Electronic document issued by the General Directorate of Cadastre containing the basic cadastral data describing a real estate property, graphic and alphanumeric, at a given date. The descriptive and graphic cadastral certification contains protected data (ownership, cadastral value), so it can only be obtained by the cadastral owner (or duly authorised third party) or registered user of a competent territorial or institutional administration. Cadastre certification is a document issued by the General Directorate of Cadastre.

Secure Verification Code (CSV). The Secure Verification Code guarantees the integrity and authenticity of the electronic documents of the aforementioned administrative centre by means of a check at the electronic headquarters of the General Directorate of Cadastre. This code, regulated by Order HAP/12002/2012, is displayed on the right-hand margin of all pages of electronic documents issued by the General Directorate of Cadastre.

Division of plots. When a single cadastral plot is separated into two or more portions of land to form independent plots and any resulting plot comprises less than 80% of the surface area of the original plot. All of the resulting plots must have the same outer contour as the original plot.

Editing of the cadastral cartography. Process by which we obtain an Alternative Graphic Representation (AGR) of the cadastral cartography that fits the cadastral alteration that we wish to present to the Cadastre and/or to a Notary Public (Notary or Land Registrar).

Parcel Editor. Online tool of the Electronic Headquarters of the Cadastre that allows the edition of the cadastral cartography.

Georeferencing. Location of a geometry univocally in space, defined by the coordinates of its vertices, in a given reference system. The georeferencing of a cadastral parcel is carried out using the ETRS89 reference system (for the Peninsula and Balearic Islands) and REGCAN95 (for the Canary Islands). In both cases the Universal Transverse Mercator (UTM) projection is used in its corresponding geographical zone.

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