When looking for land register information in a foreign jurisdiction, it is always a challenge to know which websites are official, which documents are binding, and which information needs to be double-checked with official sites. This online guide on land register information aims to highlight how to access land register information in numerous jurisdictions around the world, what information and which documents are available to the public at what cost, in what language are the websites, what other land-related information is available and whether buildings are treated differently than the land.
How to Find Real Estate and Land Register Information in Испания
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How is it possible to access land register information in Spain?
In Spain, the information of all land registries can be accessed online through the following website: https://sede.registradores.org/site/home?lang=en_EN
The website is available in English and Spanish. It should be noted that the registry information, by default, is in Spanish. However, it is possible to request certain registry information also in English. Translations of land registry excerpts are done by skilled translators specialized on registry issues to obtain the closes and most accurate translation of the original document issued by the land registry office.
As it is a public register, anyone (with a legitimate interest) has access to it. It can be accessed both online and in person.
The advantage of online access is the possibility of requesting registry information from any land registry in Spain, as in person you can only request registry information from the registry you go to in person. Most of the registration information can be obtained without registration.
Registry information can be searched in different ways:
- CRU/IDUFIR code: numerical code that identifies each property in any land registry in Spain.
- Current owner: It is necessary to indicate at least name and surname. It would also be advisable to have a personal identification number.
- Registry details of the property: For this it is necessary to have at least the location of the property, the competent registry (registry number if there are several) and the number of the property. Sometimes it is necessary to have more information such as the section, subproperty or any other information that allows the property to be located.
- Other information: It is also possible to search for the registry information through the address or cadastral reference of the property. However, this search can sometimes give several results, so it is not possible to locate the desired information with certainty.
What property information is publicly available in Spain?
In Spain, publicly available real estate information includes details of the property and its ownership. This information is found in the land registry and generally covers the description of the property, its limitations (such as easements), current ownership, and registered charges and encumbrances. The registry publicity guarantees transparency in real estate transactions and provides legal certainty.
Such information usually includes:
- Property Ownership: Details about the current owner(s) of the property. The name and identity card number are usually indicated.
- Property Description: Information regarding the physical characteristics of the property, including its size, location, and boundaries. It does not include a visual description.
Encumbrances and Liens: Details about any existing mortgages, liens, or encumbrances on the property. - Cadastral Reference: The cadastral reference number, which is a unique identifier assigned to each property by the Cadaster (Cadastre). This reference is not always registered.
- Registration Details: Information about when the property was registered and any subsequent registrations or modifications.
- Building Information: If applicable, details about buildings or structures on the property, including their legal status and registration.
- Restrictions and Easements: Information on any legal restrictions or easements that affect the property.
Which property related documents are available in Spain?
In the land register, various documents related to property, such as deeds of sale, mortgages, cancellations of mortgages, and other contracts that affect the ownership and rights to the property, can be found. The registration of these documents in the registry provides legal evidence of the rights and obligations associated with the property.
- Simple excerpt: This is a concise document providing basic information about a property. It contains the current owner and, if applicable, holder or holders of the registered rights over the property (e.g. usufruct), brief description, its data and encumbrances. Cost: low (around 10€).
- Literal Certificate: A more comprehensive certificate that includes detailed information about the property's history since its inscription, i.e. both current and former owners, and in respect of both existing and lapsed rights. Cost: The cost depends on the length of the information requested.
- Certificate of Ownership and Charges: A combined certificate providing information about the property's ownership and any associated charges or encumbrances. It includes current data on the full description of the property, its owner(s), any rights that may have been constituted on the property, and any encumbrances on the property. Cost: The cost depends on the length of the information requested. The difference with the simple excerpt is that while the certification is signed by the land registrar and has legal effects that can be enforced against third parties, the simple excerpt has merely informative character.
- Certificate of Discharges: This certificate confirms that there are no charges or encumbrances on the property.
What other property-related information is available in Spain?
In addition to the publicly accessible land register information, there is also a range of other public information provided by various authorities. For example:
- Zoning Information: Municipalities in Spain often provide information about zoning regulations and urban planning. This includes details about the permitted land uses, building regulations, and zoning classifications for specific areas.
- Environmental Contamination Reports: Environmental agencies may offer reports on the environmental status of a particular area, providing information on contamination levels, environmental risks, and any remediation efforts.
- Tourism Designations: Information on areas designated for tourism development can in some cases be obtained from local tourism offices or municipal planning departments. This may include details about special regulations or incentives for tourism-related projects.
- Flood Risk Maps: Spain's Ministry of Agriculture, Fisheries, and Food may provide flood risk maps, which indicate areas prone to flooding. This information can be crucial for assessing potential natural hazards. • Seismic Risk Information: Spain is not known for high seismic activity, but seismic risk maps can be available from geological or civil protection authorities. These maps may provide insights into areas with a higher risk of seismic events.
- Public Infrastructure Plans: Local government websites may have information on upcoming public infrastructure projects, such as roads, utilities, or public transportation developments, which can impact property values and accessibility.
- Historical and Cultural Heritage Designations: Details about historical and cultural heritage designations for certain areas or properties can also be obtained from Spanish authorities.
Is it possible to obtain information on pending litigation concerning the property?
In the case of legal proceedings relating to real estate, it is possible to apply for a preventive annotation of the lawsuit in the land register as a precautionary measure. The purpose of this preventive annotation is to ensure effective judicial protection. However, such a preventive annotation must be requested, as it cannot be granted ex officio by the court.
The preventive annotation does not indicate the subject of the lawsuit or legal proceeding, but generally the details of the proceedings and the competent court.