Spanish Declaration of new building by antiquity character: enforceability or not of certification of the Town Hall about the special nature of the land where it is located
In continuous effort of our law firm in Spain to update our knowledge in order to give better advice to our clients, a resolution of the General Directorate of Registries and Notaries has fallen into our hands. Due to geographic proximity and interest, we bring it this forum.
By WeLex, your multilingual property lawyer in Marbella, Málaga, Spain
This is a resolution of 13 December 2018, of this organism, for an appeal filed against a qualification note issued by the register of the Land Registry in Ronda, which suspends the registration of a New Building Deed for antiquity, to understand the register that has not been provided certification issued by the Town Hall in which it is confirmed that the building is not located in a special protected ground.
Imagine that we have some rural land, in Spain of course, on which there are several buildings over six years old. We approach the notary to declare these buildings, and among other documents we provide a certificate of competent technician which establishes that the Spanish buildings are more than six years old and the same are not in a classified area or subject to special protection. However, not attached to this Spanish Title Deed is a certification issued by the Town Hall, which is later required by the register as proof that the buildings are not in a protected area and that the restoration of the urban legality is no longer necessary due to their age.
In the absence of certification from the City Council, the registrar suspends registration. For its part, the appellant alleges that it has requested this certification from the municipality on repeated occasions and that it has not received a response.
In general terms and not to extend too much, since each case has to be studied individually, we maintain that the regulation establishes that for the registration of ‘new works by antiquity’, only the following points would be required:
- To attach to the Spanish Title Deed the documents that certify that the work is finished and its description matches with the Title.
- That the buildings are also older than the limitations required for the restoration of urban legality.
- That there is not an annotation at the Land Registry for the initiation of an urban discipline file.
- That the land is neither of a public nature nor subject to easements for general public use.
Having said the above, the Spanish General Directorate of Registries and Notaries in this resolution resolved in favour of the appellant to understand that a certification issued by the competent Town Hall is not compulsory in all cases and in general terms. In any case, this Certification would be required when, consulting the different means of qualification legally available to the Land Registry, we find a land of a legal nature, affected for public easements or under a specially protected regime. In this sense, the register must express it in a motivated qualification note.
In these types of situations, our office recommends approaching the Town Hall offices associated with the location of the building to be declared, in order to avoid situations in which the Land Registry suspends the registration. Each case is different, and many details must be taken into account to avoid registration troubles.
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