What to Do if There’s a Difference in the Square Meters Between Your Deed and Reality

It’s not uncommon to find a difference between the square meters listed in your property deed and the reality. This can also happen between the deed and the official records in Spain’s cadastral system (Catastro). Such differences can lead to issues when selling or inheriting property, or even during administrative processes like expropriation or urban planning.

So, what happens if your property’s square meters don’t match? Let’s explore the possible scenarios and explain whether your deed or the Catastro is more important.

Understanding the Difference Between Your Deed and Reality

The deed (escritura) is a legal document that outlines the details of a property, including its location, boundaries, and size. However, three “realities” can differ:

1. Physical Reality: The actual size and location of the property.
2. Cadastral Reality: The official description and map in the Catastro.
3. Legal Reality: The information in the deed or from the Property Registry.

Since the introduction of Law 13/2015, Spain has worked to align the Catastro and the Property Registry to reduce discrepancies. This coordination between systems aims to offer better legal certainty when buying, selling, or inheriting a property.

What Happens When There’s a Difference in Square Meters?

A mismatch between the square meters in your deed and the reality can cause issues in the following situations:

• Selling or gifting the property.
• Settling inheritance details.
• When the property is part of an urban development project or expropriation.
• During administrative processes, such as when a property’s data is updated due to changes in the law.

Deed vs. Catastro: Which is More Important?

Here’s what each system offers:

• Property Registry: Information about the property’s ownership, legal encumbrances (like mortgages), and legal status.
• Catastro: Geolocation, property boundaries, and surface area. It also provides the cadastral value (used for taxes).

In the case of discrepancies between the Catastro (cadastre) and the Property Registry in Spain, the data recorded in the Property Registry (Registro de la Propiedad) generally prevails. This is because the Property Registry provides legal protection and certifies ownership rights, boundaries, and property details with legal certainty.

While the Catastro is an administrative register that records data related to property for taxation purposes, it may contain inaccuracies or outdated information since its primary focus is on determining the value of properties for tax assessments rather than providing a legal framework for ownership.

The Property Registry, on the other hand, is designed to safeguard the rights of property owners. It creates a presumption of accuracy and correctness, meaning that any changes or discrepancies with the Catastro must be addressed and reconciled based on the legal record of ownership in the registry. Thus, in legal disputes, the Property Registry is the authoritative source.

It’s important to note that while both systems coexist, their purposes are different, and the registry holds more weight in matters of ownership and legal standing.

What to Do if There’s a Difference in Square Meters?

If you find that the square meters in your deed differ from reality, follow these steps:

1. Hire a Surveyor: Have a professional survey the property and provide a technical report.
2. Compare the Report: Compare the survey results with the data from the Property Registry and the Catastro.

If there are discrepancies between the Catastro and the Property Registry in Spain, the Property Registry generally takes precedence. The Catastro is primarily used for tax purposes, whereas the Property Registry offers legal protection for property ownership and is considered the definitive source in legal matters. Here’s a more detailed breakdown of potential scenarios:

1. If the Catastro is incorrect: You’ll need to correct the data by submitting a formal request to the Catastro, along with your property deed, a survey, and a cadastral error correction form. This is a relatively straightforward administrative process aimed at aligning the tax records with the true legal state of the property.
2. If the Property Registry is incorrect: In cases where the error lies in the Property Registry, you’ll need to request a correction. This might involve presenting a cadastral certificate or other documentation to justify the correction, depending on the discrepancy. You might also need to initiate a domain file process, which is more complex and may involve court proceedings.
3. If both records are incorrect: Resolving this situation requires more extensive documentation, such as historical maps, older property deeds, and possibly the consent of neighboring property owners. In some cases, you may need to hire a surveyor or other professional to provide evidence supporting the necessary changes.

The process of correcting discrepancies can vary based on the nature of the error and the specific situation

Legal Procedures for Fixing the Discrepancy

If you don’t want to handle this issue on your own, you can always hire a legal expert specializing in real estate, construction, and urban planning law. The Spanish Mortgage Law offers several procedures to correct these discrepancies, depending on the size of the difference:

• Less than 10% difference: A cadastral descriptive certificate is enough, and no formal notary procedure is required. If the difference is less than 5%, the owner’s statement is sufficient.
• More than 10% difference: You’ll need to appear before a notary with the necessary documents. The notary will notify neighbors or other interested parties, giving them the opportunity to accept or contest the changes. The modification must then be formalized with a new public deed, and the registrar will issue a resolution.

Conclusion

If you’ve noticed a difference between the square meters in your deed and the reality, don’t panic. There are clear legal steps to correct these discrepancies, whether through the Catastro or Property Registry. It’s important to ensure everything is in order, especially if you plan to sell or pass down the property.

If you’d rather not go through this process alone, consider hiring an expert in property law to guide you. At Costaluz Lawyers, we specialize in helping property owners resolve these types of issues quickly and efficiently.

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Need Help? Contact Costaluz Lawyers

At Costaluz Lawyers, we have extensive experience in dealing with property discrepancies and ensuring everything is legally in order.

Contact us  today to discuss your situation, and we’ll help you find the best solution.