A very important thing to do before buying a house is to register it with the land record, or registro de propiedad in Spanish. This step is optional, but it gives the property owner more formal security and rights over their land.
Because of this, a lot of people are curious about how to register a property, when it’s needed, and what the steps are. If you have any questions about this process, this piece will answer them.
- Why should you register a house?
- The paperwork needed to register a property
- How to sign up a house with the land record, step by step?
- Setting up a home for the first time
- What is the fee to register a house with the land registry?
- How long does it take to get a house registered?
- Why should you register a house?
A property and any deals that happen with it should be registered with the land office for a number of reasons.
Signing up makes sure that everyone knows you are the true owner (or someone with other rights to the property) and keeps other people from claiming ownership. It also protects the property from creditors who might try to take it back to pay off bills that were made before the transfer of ownership.
Among other things, getting a mortgage requires that the property’s register status be made official. Also, before they are ready to buy, many buyers need to see proof that the property is listed in the seller’s name.
The paperwork needed to register a property
What paperwork is needed to register a Spanish property varies on what kind of deal is being registered. One example is when someone buys a house: only three papers are needed:
- A copy of the public contract of sale that has been notarised
- The self-assessment form that shows the Property Transfer Tax (ITP in Spanish) was paid
- Proof that the city’s capital gains tax was paid
The different papers that must be given to the notary to make the sale official are listed below. These days, the list is longer and includes things like proof of who you are as a buyer or seller, an energy efficiency certificate, proof that you have paid your property tax (called IBI in Spanish) and the community of owners, proof that you have paid all of your bills on time, the property title, and sometimes, a certificate saying the house is habitable. Most of these papers need to be given by the seller.
How to sign up a house with the land record, step by step?
There are times when you may need to update details about a place by calling the land office. In each case, you should do these things:
- Get the paperwork you need. Depending on the situation, this will usually include the appropriate title and proof that you’ve paid any taxes and fees that are due.
- Present the paperwork either in person at the land register office where the property is located or straight to the notary, who will sign the deed.
- If you need to, fix any mistakes or flaws in the application or file a claim to make your case.
- The registration will be handled once the registrar is sure that all the legal requirements have been met.
- The change of ownership will be properly recorded and sent out after being registered with the land office.
- The right will last forever once it is registered, unless the owner or a court changes it. To keep the safety that the license gives, you don’t have to renew it or pay any extra fees.
Setting up a home for the first time
When you want to legally register an old property with the land office, you need to file a “expediente de dominio” with a notary. In Spain, there is a formal method called “expediente de dominio” that can be used to declare a property as owned when there is no record of it already. It involves establishing ownership through paperwork or witness statements so that the property’s legal and real status are in sync. This protects and recognises the owner legally.
To register a new home with the land registry, you will need to bring the same paperwork that you would for any other sale. In the event that this is your first move, you will most likely have to pay VAT or IGIC (a general secondary tax that applies to the Canary Islands) instead of the property transfer tax (ITP).
What is the fee to register a house with the land registry?
Anyone who wants to register something usually wants to know how much it costs. The answer is that there is no set price. To figure out how much it will cost, you need to know the property’s cadastral value and the rates set out in Royal Decree 1427/1989, of November 17, 1989. This decree controls how deeds are valued.
How long does it take to get a house registered?
To be safe, any paper work sent to the land register should be handled within 15 working days. If all legal requirements are met, such as the settlement and payment of any taxes that are due, this time starts from the date the entry is made. If any of these conditions aren’t met, the 15 days will start when the conditions that are still missing are met.
