DECLARATIONS BY HORIZONTAL DIVISION OF  REAL STATE

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:

THE CADASTRAL DECLARATIONS BY HORIZONTAL DIVISION OF REAL ESTATE MUST BE ACCOMPANIED BY:

. Certification or simple registration note accrediting the horizontal property regime or constitutive title of the horizontal division regime of the property.

. Plans of each floor of the building or installation with different distribution indicating each premises or private element with differentiated use, such as housing, garage or storage room, which must match the existing description in the horizontal division and the work actually executed, as well as the representation of all common elements.

. If the declaration affects storage rooms or parking spaces in proindivís assigned to the exclusive and permanent use and enjoyment of a holder, which must be considered real estate for the purposes of article 6.2.a) of the revised text of the Real Estate Cadastre Law, the public deed accrediting said affiliation will also be attached, as well as the plan of each affected plant.

Do you have to do some cadastral management and you don’t know where to start? We are technicians with cadastral assessments and we have extensive experience with these types of procedures, we can manage it for you! Contact HERE