DECLARATIONS FOR SEGREGATION, DIVISION, AGGREGATION OR GROUPING

Registry

In the past, cadastral management was divided into different types of applications. They are currently all grouped with the 900D model but depending on the action to be performed will have to be supplemented with one documentation or another.

Generally

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

.The acquisition of the property and its consolidation, the constitution, modification or acquisition of the ownership of an administrative concession and of the rights of usufruct and surface, as well as the variations in the quota of participation that corresponds to each of the spouses in the common real estate, or in the internal composition and in the share of participation of each one of the commoners, members and participants in the cases of concurrence of several holders or of existence of entities without legal personality.

.The realization of new constructions, as well as the extension, rehabilitation or reform of the already existing ones, either total or partial.

.The total or partial demolition or demolition of constructions.

.The segregation, division, aggregation and grouping of real estate.

.The constitution of the regime of horizontal division on real estate.

.The change of cultivation class or use.

.The modification of the use or destination of real estate or premises that are part of buildings or facilities.

Regulations

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

Documentation to be submitted by the interested party

The declaration must be submitted together with the following documentation:

. The document accrediting the representation in the event that the declarant acts as a representative of the person obliged to declare.

. When, due to the presentation of a declaration, the graphic representation of adjacent plots to which they are the object of fact, act or declared legal business may be affected, in addition to the documentation of the declared alteration, to provide the graphic representation of the final situation of all the adjacent plots affected, together with the following specific documentation.

. Documentation accrediting the proposed graphic representation (public deed, administrative document or other equivalent).

. List of all plots affected by this graphic representation.

. Written or document stating the compliance or non-opposition with the proposed graphic representation by the cadastral holders of all the adjacent plots affected.

In the event of not providing this information, the General Directorate of Cadastre may request it by its own means.

In these cases, the declared alteration will be processed according to its nature. However, the lack of presentation of the documentation provided for in the previous sections will prevent the processing of the modification of the graphic representation of the adjacent plots.

In all those declarations that have to include between the specific documentation a graphic representation, this will have to realize on cadastral cartography.

In addition, according to the declared alteration, the following documentation must be submitted:

CADASTRAL DECLARATIONS FOR SEGREGATION, DIVISION, AGGREGATION OR GROUPING OF PROPERTIES THAT AFFECT PLOTS OR PORTIONS OF LAND MUST BE ACCOMPANIED BY:

.Public document accrediting the alteration, whether certification or simple registration note, court ruling, public deed, administrative certification of the act in which it is agreed for the public domain property, or other equivalent public document, accompanied when this be mandatory, of the corresponding license or authorization. It may also be accredited by private document provided that, in the event of segregation or division of real estate, it is accompanied by the appropriate license or administrative authorization or by the certification that this is not necessary in accordance with the legislation applicable to it. applicable, stating the cadastral reference of the property or properties affected.

. Graphic representation of the resulting cadastral plots on the cadastral cartography.

WHEN THE CADASTRAL DECLARATIONS OF SEGREGATION, DIVISION, AGGREGATION OR GROUPING OF REAL ESTATE AFFECT PREMISES OR PARTS OF A BUILDING, THEY MUST ACCOMPANY:

. Document accrediting the alteration stating the new participation fees in the common elements, if any. If the property in which the premises are located is subject to the special horizontal division regime, you must provide a document justifying the modification of the constituent title.

. Plans or sketches of the affected premises reflecting the previous and subsequent situation in accordance with the alteration actually made.

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