Registering a property with the land registry (registro de propiedad in Spanish) is a fundamental step to consider when purchasing a property. Although this process is voluntary, it provides the owner with additional legal protections and rights over their property.
As a result, many people wonder how to register a property, when it is necessary, and the steps involved. This article will clear up any questions you may have about this procedure.
Why register a property?
There are several reasons to register a property with the land registry, along with any transactions related to it.
Registering ensures that you are recognised as the rightful owner (or holder of other rights over the property) and protects you from third parties who might claim ownership. It also safeguards against creditors who could demand the sale of the property as collateral for debts incurred before the transfer of ownership.
Among other reasons, regularising the property’s registration status is essential for obtaining a mortgage. Additionally, many buyers require that the property be registered in the seller's name before they are willing to proceed with the purchase.
Documentation required to register a property
The documentation required to register a property depends on the type of transaction being registered. For instance, in the case of a property purchase, only three documents are needed:
- A notarised copy of the public deed of sale
- The self-assessment form confirming payment of the Property Transfer Tax (ITP in Spanish)
- Proof of payment of municipal capital gains tax
The documentation required to formalise the sale is different and must be submitted to the notary. In this case, the list is more extensive and includes the following: the identification documents of both the buyer and seller, the energy efficiency certificate, certificates of payment for property tax (IBI in Spanish) and the community of owners, proof of being up to date with utility payments, the property title, a certificate of habitability (only required in some autonomous communities), among others. Most of these documents must be provided by the seller.
How to register a property with the land registry step by step?
There are various situations that may require you to contact the land registry to update information about a property. Here are the steps you should follow in each case:
- Gather the necessary documentation: This will typically include the relevant deed and proof of payment for any applicable taxes and fees, depending on the specific case.
- Submit the documentation either in person at the land registry office where the property is located or directly to the notary before whom the deed is granted.
- If necessary, correct any errors or defects in the application, or file a claim to assert your position.
- Once the registrar confirms that all legal requirements have been met, the registration will be processed.
- After registering with the land registry, the change of ownership will be officially recorded and communicated.
Once registered, the right will remain in effect permanently, unless the owner (or a court) alters it. There is no need to renew it or pay any additional fees to maintain the protection provided by the registration.
Registering a property for the first time
If you're wondering how to register an old property with the land registry, the legal process involves filing an "expediente de dominio" before a notary. An "expediente de dominio" is a legal process in Spain used to register a property with the land registry when there is no existing record. It involves proving ownership through documentation or witness testimony to align the property's physical and legal status, ensuring legal recognition and protection for the owner.
When it comes to registering a new property with the land registry, you will need to provide the same documentation as for any other sale. However, in the case of a first transfer, you will likely be required to pay VAT or IGIC (general indirect tax applicable to the Canary Islands) instead of the property transfer tax (ITP).
How much does it cost to register a property with the land registry?
One of the most common questions regarding any registration procedure is how much it costs, and the answer is that there is no fixed price. To calculate the cost, you need to know the cadastral value of the property and refer to the rates outlined in Royal Decree 1427/1989, of 17 November, which governs the valuation of deeds.
How much does it cost to register a house with the land registry?
How long does it take to register a property?
As a general rule, any document submitted to the land registry should be processed within 15 business days. This period starts from the date of submission, provided all legal requirements are met, including the prior settlement and payment of any applicable taxes. If any of these requirements are not fulfilled, the 15 days will begin from the moment the outstanding requirements are completed.
If you have any further questions, we will tell you everything about registering homes with the land registry .