RUSTIC PROPERTY OWNERS - BEWARE!
An error in the update of cadastral property ratings in your area can put your property rights in danger.
The fiscal property registry office carries out periodic updates in each municipality. Owners are not notified personally of these changes. They appear in edicts in the Provincial Official Journal (Boletin Oficial de la Provincia) and on the Town Hall notice board.
Owners should watch out for these changes and make sure that plots are in their name, with the correct surface area etc.
When changes are made, and if the owner takes no action personally, there is a risk that the property can be considered as belonging to an unknown person (DESCONOCIDO), or to the town hall, or to a third party through error or fraud.
In order to avoid this situation:
-Ask the Cadastral Survey Office (Gerencia Territorial del Catastro) to provide an official description and plan of your plot(s), so as to make sure the details match those given in the property deed (escritura), name, identity card or passport number, fiscal details, size and form of the plot.
-When buying a rustic property, go to the provincial Survey Office (Gerencia Territorial del Catastro) and hand in the duly completed form no. 903 "Declaracion de Alteracion de titular catastral de bienes inmuebles de naturaleza rustica". The buyer must do this and in this way ensures the plot figures with the correct name.
If you do not agree with the details given by the Cadastral Office, then you must present a "recurso de reposicion" to the "Gerencia Territorial del Catastro" for your province, together with a copy of the property deed (escritura de propriedad), an official plan of the plot drawn up by a qualified, authorized surveyor, photocopy of identity card or passport, and an explanation of the details to be corrected.
It is important to make sure that your property figures in your name in the Fiscal Property Register:
1 – to make sure no one takes your property illegally
2 – if you are affected by a LRAU development plan, you will only receive notification if the property appears in your name in the Cadastral Register. Even though you are the rightful owner, you must figure on the register otherwise you will not be notified and will not be able to defend your interests.
3 – the developer (urbanizador) draws up his plans based on Cadastral Register data. It is important to have all details correctly registered, surface area, plot boundaries, etc because the deadlines set down by the LRAU give you no time to correct them in time.
CONCLUSION: You are personally responsible for correct registration of your property. We therefore recommend that you obtain authorization to consult the database of the Cadastral Office as and when necessary to check your property details.
To obtain this authorization go to Web page:
http:// www.cert.fnmt.es/clase2 (NB only if you have a NIF)
and follow instructions to get a request code (codigo de solicitud) which, together with your identity card, will enable the office of the "Fabrica Nacional de Moneda y Timbre" in any official organism of the "Ministerio de Economia y Hacienda" or the "Seguridad Social" to provide you with your access code to your personal data in any Ministry Department.
Once you have your access code, go to: http://ovc.catastro.minhac.es to obtain your cadastral property details.
The information provided on abusos-no.org is not intended to be legal advice,
but merely conveys general information related to issues commonly encountered.