Since the Law of the Soil and Urban Planning of May 12, 1956 it has been a permanent aspiration to carry out an adequate coordination between the Land Registry and the urban administrative action that, however, until the date had never been addressed in a comprehensive way despite repeated legislative calls on this point. By means of the additional provision of Law 8/1990 of 25 July (Articles 307 to 310 of the recast text of 26 June 1992), the subject has been dealt with by a few brief but essential rules for development. Further detailed regulatory, as in the legal text itself is acknowledged. Thus, although the precepts that make up this Royal Decree refer to urban matters, their content is exclusively registered, so as soon as mortgage rules-legal and private-are called to have an independent survival of the vicissitudes of the rules on urban planning. In this regard, it has been sought in the present Royal Decree to avoid specific references to urban legislation, since the competence for its elaboration is attributed exclusively to the Autonomous Communities, except in the matters expressly reserved for the State.

The urban action and the Land Registry are developed in different spheres, because the first is not matter properly registered and the legal mutations-real, when they are reflected in the Land Registry, plasman according to his own rules and independently of the urbanistics. However, if the urban action itself causes an alteration in the real estate entitlements, a point of contact of necessary coordination arises. At the same time, it is appropriate for the public authorities to serve as an institution that, although it develops in the private sector, can be an effective contributor to urban planning. The regulatory development of the legal precepts has been carried out since this double aspect, since, on the one hand, there has been a great deal of urban information, which in another time was outside the register, but without to distort the content and the effects that are inherent to the Land Registry and, on the other hand, the legal mandate has been developed seeking solutions that without weakening the public action are, however, respectful and consistent with the regulations Register.

The legal mandate orders the modification of the Mortgage Regulation necessary for the development of the additional provision of the 10th of Law 8/1990, of July 25, and, logically, of the Royal Decree-Law 7/1996, of 7 of The Commission has also proposed a number of measures to improve the quality of the environment. The path that has been chosen has been to produce a single text that is incorporated as complementary rules to the Mortgage Regulation; this solution has been considered preferable to an intercalation of the precepts within the Regulation. In most cases, they would have a difficult systematic placement, while at the same time it would break the necessary overall vision that the subject has to offer. With such background and form approaches a normative set is offered that is anchored not only in the additional provision that serves as support but also in the rest of the urban norms and in the general precepts of the legislation It also contains sufficient mechanisms to deal with the problems that may arise in the face of the Land Registry, offering solutions that, as soon as they are registered, must be uniform throughout the State, in a matter, the registration, also necessarily uniform, for affecting the fundamental rights and guarantees of citizens and be of public order. Regulatory regulation has been distributed in twelve chapters, which are accompanied by a derogation provision and two final inserts in the Royal Decree.

Chapter I on the general provisions does not contain a special development, since the list of the subject matter is already sufficiently detailed in the legal standard. It is only made clear in relation to the administrative document, as a formal title, that it should be issued in duplicate (with this, it is stated that for most cases it is already established-cfr., for example, Article 307 of the Mortgage Regulation-) and, in relation to the agreement it contains, that the latter must exhaust the administrative route, unless otherwise specified for certain acts.

The registration of the projects of balance is regulated in Chapter II. In particular, the requirements and effects of the marginal notice of initiation of the file for the repair or the condition of the land included in a unit of execution are covered in compliance with the obligations inherent in the system of compensation. With regard to the practice of the aforementioned marginal note, it is worth noting that a special forecast is made for the possibility of practicing on farms located outside the unit, but attached to the project, and on the use of urban planning. In addition, the necessary request for the practice of the marginal note, its duration and the action to be observed by the Registrar of the Property are also detailed.

As for the title to practice the registration of the repair operations, careful attention has been given to the document, since it constitutes a document of great technical complexity, with clear distinction of the course in which the title repaircelatory is produced by unanimous consent of the holders poured in public deed, whose content is submitted for administrative approval, of the one in which the actual mutation has its origin in the public will.

However, in this chapter the most important is the regulation of the effects of the execution process, be it those of the marginal note of initiation of the project of balance, or those that are derived from the approval The project was final. With regard to the former, the Regulation does not but take up the legal mandate, although it stands out with greater rigour, if any, the cancellation of those seats which, after the date of the marginal note, correspond to the holders who do not they have been included in the balance file, thus choosing one of the possible solutions to other solutions which could have been adopted by maintaining those charges or charges brought on by the recipient of the contract. replacement farm; the greatest rigor in the cancellation (which has a formal character, so there is no It is assumed that the right which consists in the cancelled seat is extinguished) is countered with the establishment of a regulatory mechanism that allows the registration of the farm of result or the rights constituted on the origin in favor of the holders of the cancelled seat, even if it is not possible to obtain the conformity of the new registrant.

With regard to the effects arising from the final approval of the equaldistribution project, the legal standard grants a wide range of powers that the Regulation has used with restraint. Thus, the title may have an unmatriculating virtuality and may rectify the fundaily descriptions, but when the project has been carried out by unanimous agreement of the interested parties, or at the sole instance of the sole owner, since in these cases The advertising of the file is limited, the submission of the project is expressly required to the ordinary procedure of public information previewed in the urban legislation. As for the resumption of the interrupted tract and the cancellation of contradictory seats, solutions inspired by article 202 of the Mortgage Law have been established; likewise, solutions that are far from extreme are those that are contemplated. for cases of double registration and of unknown or controversial entitlements or the holder of which is in an unknown location.

On the other hand, the regime established for the distribution of loads and levies of a farm of origin several replacement and the need for the acting organ to determine the quota of the only farm of result to replace, by actual subrogation, to a number of origin, as well as the requirement that in the cancellation of seats which refer to conflicting rights with the planning, it is necessary that this has been declared and, where appropriate, assured the recovery of the compensation which corresponds, constitute new developments not provided for in the existing legislation which are considered basic to simplify and facilitate enrollment. Finally, in the field of compliance with urban requirements, an appropriate wording has been sought for the registration of specialty and priority registers.

In Chapter III, the registration of urban expropriations is regulated, the presence of which is justified as the current administration may apply the joint assessment procedure and its special rules. Register for any type of expropriation. For which the application of the general rules of expropriation takes place, Article 32 of the Mortgage Regulation is sufficient, but when the expropriation falls on the farms included in whole or in part in an implementing unit, the Administration may opt for the joint registration of all or part of the expropriated estates, in which case it is necessary a special forecast of the possible pathologies that can be presented. This has been done, collecting some solutions contained in the recast text of the Law of the Soil of 9 April 1976, today in large part, giving a special intervention to the Fiscal Ministry in defense of the interests of the owners. In the case of an unknown or non-comparative and establishing the possibility that, by means of a reputation, problems of registered pronouncements may be solved, without the need for judicial approval. The regulation of the issue is completed by seeking the collaboration of the Registrar of the Property for cases where there are registered farms that have not been included in the expropriation file.

Chapter IV regulates the registration of land disposals on a compulsory basis that result from the Planning Plans. In the case where such transfers take place within a project of balance or between individual individuals and the administration, there are no special difficulties, except in the case of the unnecessariness of the distribution in the Member States. Single owner or agreement on the location of the use that needed to be resolved. However, the problem arises when it is not possible to have an ordinary degree or when the appropriation of all the urban faculties in favour of individuals has been previously produced and the areas of compulsory disposal provided for in planning. In this case, a mechanism has been established which allows the administration to register the areas of compulsory disposal, although with the adoption of a series of guarantees and channels that prevent the use of this procedure when with (a) the right to a particular prejudice, if the compulsory transfer and the cost which it entails should be the subject of a balance.

Especially new is Chapter V regarding the registration of the urban development, since a regulation has had to be established that being respectful with the registry institution is adapted to a concept, that of Urban development, which forms part of the content of urban property, but is nevertheless susceptible to legal traffic (albeit for a pre-established purpose) or is even considered as a registered estate in certain cases. Thus, the acquisition of the right to appropriate urban development can be indicated by a marginal note on the farm of which the transmission or distribution between different farms is recorded in an entry and its registration seat. Treatment as an independent cash register leads to the opening of a separate portfolio as well.

The transmission of utilization units receives a different treatment depending on whether it is co-active (in which case the rules of compulsory expropriation are to be applied) or voluntarily; in this second case the regulation has taken into account the need to connect the farms that are put in relation in order to give way to the problems that can arise from the existence of possible and complex legal situations on each one of them. In the solution offered, it can be seen as a clear echo of what already exists in the mortgage legislation when it regulates the preventive annotation of refactional credits, distinguishing value quotas on which the legal situation will be maintained. (i) there is no question of the nature of the original farm; but the regulation would not be complete if it did not have the registration of a higher efficiency than that of a normal registration, which is justified in the fact that we are faced with a legal situation which is not susceptible to post-oratory contact; specific regulation is also provided for the coordination of the civil transfer business with the administrative authorisation or the registration in administrative registers, as soon as such a requirement is required by the Urban Administration.

The raison d' être of this regulation, once the judgment of the Constitutional Court of 20 March 1997, is published, is that the legislation on assistance is declared null and void due to the lack of State, may be the subject of new regulation by the Autonomous Communities, as has happened in Cantabria through its Law 1/1997, of April 25, of Urgent Measures in the field of Soil and Urban Planning.

Independent portfolio opening assumptions are established in those cases where the units of use in the portfolio for the farm that they come from cannot be registered. Its regulation has taken into account the need to always maintain the real character of the portfolio and the fact that it will be forced to disappear because its situation is transitory, as a bridge between other farms.

Chapter VI refers to new work inscriptions, the legal regulation of which is found in Article 37.2 of the recast text of 26 June 1992. The established regulation seeks to respond to the objective pursued with the legal precept: to prevent the legal life of real estate units susceptible of legal traffic that do not exist and cannot exist in the real world. It has not (nor would it have been appropriate) to alter the mechanisms through which the new work can access the Land Registry, but it has been necessary to determine the descriptive requirements to be contained in the this class, since the rules in force do not indicate them. The purpose of the action is to ensure that both the public and the construction work, in which it is already constructed, is necessary for a technician (an expression of the Regulation specified in its scope) to rule that by the person legitimized to do so coincides with the projected or with the projected and constructed, though only in that which is the own content of the new work scriptures.

In order to avoid an incomplete regulation, other extremes have been foreseen, such as the possibility of licenses obtained by an alleged administrative act, the constancy of the completion of the construction work, the the consequences that could arise in the event that such termination would not be reflected in the Land Registry, the registration of buildings in respect of which there is no need to adopt measures of urban planning, the need for to connect the new work declarations with, where appropriate, the constitutions of property regimes horizontal and the collaboration of the Registers of the Property with the urban authorities.

Chapters VII and VIII regulate the preventive annotations enacted in administrative proceedings and in the administrative-administrative procedure, be they the latter at the request of the Administration as well as the individuals. One of the objectives pursued in the new legislation has been to ensure that the Registrar of Property could be an effective aid worker in the area of urban planning-without, as was previously stated, its function will be undermined. This is why even if the opening of sanctions or non-compliance with obligations of this nature can access the Register by means of a preventive annotation, this will only be possible as soon as the infringement or non-compliance has The Court of the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of The regulation of these preventive annotations has been made by specifying the title to practice them, their duration, extension, cancellation and effectiveness.

But there is also the legal provision that the Registry may, at the request of the private individuals, be able to access the interposition of a judicial-administrative appeal seeking the annulment of planning instruments, instruments of the same or of the licences. The preventive annotation in these cases must be surrounded by the necessary channels in order to prevent public action from being unjustifiably resented; it is therefore established in Chapter VIII that the Courts must require adequate caution. Moreover, as regards the practice of seats arising from the preventive annotation, account has been taken of the possible confluence of different jurisdictional orders.

Chapter IX refers to marginal notes. It is not a question of regulating any manifestations of this seat in the urban area, since throughout the text there is already a large reference to them. The chapter develops Article 307.4 of the recast text of 1992 which allows access to the Register of special conditions for the granting of licences, conditions which may only be reflected when they are directly complied with. on the farm on which the licence is granted. The marginal note of the declaration of illegality of the building license, the granting of licenses for works and provisional uses, and the marginal note of the acquisition of the urban development are also regulated.

The regulation of the registration of the acts of parcelation is done in Chapter X. In this regard, the existence of different material urban norms in different Autonomous Communities has been taken into account, so the articles are strictly tabular leaving to those rules the substantive issues; this means that the application of the mortgage solutions-unique and uniform-will depend, to a great extent, on the previous application of the various regulations (i) the need to ensure that, in the light of the situation in the Community, the parcelation. On the other hand, it is intended, in any case, for a balanced regulation, taking into account, at the same time, the necessary work of administrative police in the repression of the illicit, of any kind that is, and the security of the traffic real estate, which is basically reflected in the accuracy of the Register.

As a consequence of the criterion of the opinion of the State Council, in the matter of parcelation the Regulation refers exclusively to the performance of the Registrar of the Property, without the articulated between in the regulation of the notarial performance.

In Chapter XI, the inscription of the transmissions subject to the planning and the urban backspace is regulated. The legal mechanism has been completed by requiring individuals to declare in public deed whether the land or dwelling transmitted is included in the area of tanteum and retract, when in a municipal term they have been These areas are defined. It also sets out how the Registrar has to cooperate with them for the greater effectiveness of the forecasts that have been regulated. On this point, it should be noted that the regulatory regulation is developed for the same reasons as the above mentioned in the comment to Chapter V of the Regulation.

The last chapter is devoted to the forcible sale regime, collecting unitedly the different assumptions that, in accordance with the Law, can lead to it; for this the marginal note of the inclusion is regulated of the estate in the Administrative Registry of Solares and Terrain without Urbanization, the marginal note that shows the application of the regime of forced sale, the rules that have to regulate the registration of the sale thus realized and the situation in that the seats after the moment the registrant was recorded will remain application of the co-active transmission system.

The present text has taken into account, in addition to the provisions in force, the judgment of the Constitutional Court of 20 March 1997, which admits the constitutionality of the precepts that the Laws prosecuted, that is, the Law 8/1990, of 25 July, and the recast of the Law of the Soil approved by Royal Decree of 26 June 1992, destined to the Registry of the Property, for being exclusive competence of the State, based on article 149.1.8.a of the Constitution Spanish. It has also taken into account the suggestions that result from the mandatory State Council report, especially as regards the registration of the regulatory standard and other issues of style.

In short, the standard adopted has a legal clarification aim in a complex matter, the application of which will involve the streamlining of the urban processes of soil transformation and, therefore, a measure of basic to facilitate the provision of buildable land and avoid speculation. In a determined manner, it is necessary to give course to the full effectiveness of the foundation and dictation of the Royal Decree-Law 5/1996 of 7 June, of liberalizing measures in the field of Soil and of Professional Colleges, origin of Law 7/1997, of April 17, facilitating the creation of urban land with the appropriate technical instrument for the legal protection of the right of ownership through registration (qualification, priority, legitimisation, public faith, inopreadability), guarantee of access to the credit, personal and territorial, as set out in the constitutional provisions reflecting their role social and impose the right of citizens to decent housing.

In its virtue, on the proposal of the Minister of Justice, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 4, 1997,

D I S P O N G O:

Single item. Adoption of the additional rules to the Regulation.

Additional rules are passed to the Regulation for the implementation of the Mortgage Law on the Registration of Property of Acts of Urban Nature attached.

Single repeal provision. Regulatory repeal.

All the provisions contained in the Urban Management Regulations of 25 August 1978 have been repealed as soon as they relate to the access to the Land Registry of acts of an urban nature. Likewise, all the provisions of the Regulation of Parcelations and Reparations of the Soil affected by Plans of Urban Planning, of 7 April 1966, and of the Regulation of Forcible Building and Municipal Registry of Solares, are repealed. declared in force by Royal Decree 304/1993 of 23 February, as soon as they contain references to the Land Registry.

Final disposition first. Character of the disposition.

The content of this Royal Decree will have the consideration of Complementary Rules of the Regulation for the application of the Mortgage Law.

Final disposition second. Entry into force.

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to July 4, 1997.

JOHN CARLOS R.

The Minister of Justice,

GANTE AND MIRON MARISCAL MARGARITA

CHAPTER I

General provisions

Article 1. Inscribable acts.

They will be registered in the Land Registry, in addition to the acts expressly regulated in this Royal Decree, the following:

1. The final acts of approval of the planning execution files, as soon as they entail the modification of the registered farms affected by the Plan, the attribution of the domain or other real rights on the same or the establishment of actual conditions or guarantees to ensure the obligation to execute or to preserve urbanisation.

2. Land disposals on a compulsory basis in the cases provided for by the Laws or as a result of transfers of land use.

3. The acts of transfer and taxation of urban exploitation, even as when they give rise to a separate right from the soil, through the opening of an independent portfolio.

4. The special conditions for licensing in the terms provided for by the Laws.

5. The opening of files which have as their object the declaration of non-compliance with the duty to urbanise or build or to be instructed in the field of urban planning on certain farms, as well as the initiation of the procedure it has for the purpose of the administrative award to ensure compliance with the penalties imposed.

6. The interposition of a judicial-administrative appeal seeking the annulment of the plans of ordination, of its implementing instruments or of the licences, as well as of the application made in that appeal.

7. The final judgments in which the cancellation referred to in the previous paragraph is declared, when they relate to certain farms and have participated in the procedure.

8. Any other administrative act which in development of the planning or its implementing instruments modifies, of course or in the future, the domain or any other real right on certain farms or the description of such properties.

Article 2. Enroll title.

The title for the registration of the acts referred to in Article 1 shall be subject to the following rules:

1. Those who have their origin in business or contracts between private persons must be in public deed and those who have their origin in judicial proceedings shall be entered by virtue of the order of the Judge or the Court concerned, in the that the providence or the order is entered in the order or the registration of the judgment in question is ordered.

2. Unless otherwise provided for in the legislation, administrative acts shall be entered in the form of certification of the same nature which meets the following requirements:

(a) To be issued, in duplicate, by the Secretary of the acting entity or body and with the literal insertion of the agreement adopted.

b) To express that the act has ended the administrative route, except as provided for in this Regulation for certain agreements.

(c) To be included in it, in the form required by the Mortgage Legislation, the circumstances concerning the persons, rights and estates to which the agreement is affected.

3. In the case referred to in paragraph 2, the Registrar shall, after taking the appropriate seat, file one of the copies of the certificate and return the other one with a note of the operations carried out. In the event of a total or partial refusal or suspension of the registration, it must include the means which, in its opinion, was appropriate to remedy the defect which led to the suspension, or the most appropriate form, if any, of obtaining the registration if the defect, due to its insubsainable character, would have led to the refusal of the title.

Article 3. Situation plans.

The public documents referred to in Article 2, whatever their class and the nature of the act or business, shall be filed with the Registrar for the qualification and practice of the respective seats, accompanied by the plan of the farm or farms to which they affect, in accordance with the following rules:

1. The plan shall be filed in accordance with the second subparagraph of Article 51 (4) of the Mortgage Regulation. It may also be accompanied by a copy of the same in magnetic or optical support.

2. The Registrar shall send a copy of it to the competent cadastral office, so that, in the terms laid down in the applicable legislation, that Office refers, where appropriate, to the data identifying the farm or property covered by the act of in question.

3. Where the act entered into is in proceedings before the Urban Administration, the plan to accompany the title shall be that which serves as the basis for the administrative agreement or the licence to be granted. requirement for registration. In the other cases, an appropriate level of the farm or property covered by the title shall be accompanied by an appropriate scale.

CHAPTER II

Enrollment of balance projects

Article 4. Farms and rights subject.

They will be subject to the equidistribution procedure applicable to farms, parts of farms or land use rights, within the limits of the execution unit, and the farms, parts of farms or urban planning rights attached to them, the holders of which have the right to participate in the recognition of such a unit, even if such farms or holdings constitute or relate to land outside the territory of the limits of the same.

Article 5. Marginal note of initiation of the process.

1. At the request of the Administration or the acting urbanistic entity, as well as any other person or entity that is authorized by the applicable autonomic legislation, the Registrar shall practice the note on the margin of each affected estate by expressing the initiation of the procedure and issuing, stating in the note, certification of domain and charges. The application shall include the farms, portions or rights of use, affected by the unit of execution. In the case of units subject to the clearing system, it is sufficient for the practice of the abovementioned marginal note that the entity's public deed of incorporation has been granted.

2. The marginal note shall be three years and may be extended by three years at the request of the acting administration or the contributing urban entity.

3. Where any seat in the register is practised after the note, the content of the certificate shall be entered in the note for the entry of the title.

4. The note shall, in any event, produce the effects provided for in Articles 14 and below.

Article 6. Title sign-up.

It will be a suitable title for the registration of the reorganization of the property the certification of the acting administration accrediting of the definitive approval of the project. Such certification may be granted by means of the minutes referred to in Article 211 of the notarial Regulation, at the request of the Acting Administration or of the contributing urban entity to whose request the project. The public deed granted by all the holders of the farms and the units included in the unit, to which the certification of the administrative approval of the operations carried out is accompanied, shall also be registered.

Article 7. Circumstances to contain the title.

The title, without prejudice to the requirements of the applicable urban legislation, must contain the circumstances required by the mortgage legislation and in particular:

1. Reference to the implementing unit and to the final approval of the Plan being implemented and, where appropriate, to the dossier for the delimitation of the unit itself, specifying the date of approval of the balance project and its publication in the relevant Official Journal.

2. Description of each of the farms, parts of farms and units of use included in the unit of execution or assigned to it, with specification of their ownership and the charges and encumbrances attached to them and, where appropriate, your log data.

3. Specification for each farm of origin of the modifications that occur in its description or in its ownership, when the data resulting from the Register does not coincide with those of the project.

4. Determination of the correspondence between the areas or the use made of the project and the results of the farms awarded, in accordance with the project, to the owners of the first.

5. In the case of the project being carried out by the instrumental grouping of all the farm of origin that are part of the unit of execution, the grouped farm, which shall only comprise the land physically, shall be described. included in the unit in question.

6. Specification of the charges and rights entered on the farm of origin to be transferred or cancelled as referred to in Article 11.

7. Description of the constructions that are maintained and specification of the result farms in which they are located. Existing constructions shall be expressed, where appropriate, even if they have not been subject to registration.

8. Description of the result farms formed by virtue of the balance plan, in accordance with the provisions of the Mortgage Legislation, either for the replacement of the original farms or for the segregation of the instrumentally grouped these effects.

9. Determination of the quota to be attributed to each of the result farms in the settlement account of the balance project, in accordance with the provisions of Article 20.1.

10. Award of the results to the holders to whom they correspond by means of subrogation or compulsory assignment.

11. Relationship of the owners of the farms and of the use, as well as the holders of the charges and charges affected by the balance, with specification of their personal circumstances, in accordance with the provisions of the Law Mortgage, and with express indication of having been notified in the file.

12. Plane of the result farms. Where they have been included in the unit of execution situated outside the unit or have been the subject of direct occupation, with an independent portfolio opening for use, it shall be provided separately. The title of the register will be accompanied by duplicate copies of the plans for your file in the Land Registry.

Article 8. Registration, correction of description and formation of farm of origin.

The final approval of the balance project will be sufficient to:

1. The registration of farms that lack the registration and the rectification of their superficial extension or of their lines or of any other descriptive circumstance, without the need of another requirement. Where the project has been carried out by the unanimous agreement of the persons concerned or by the sole owner, in order for it to produce the effects provided for in this paragraph, it shall be subject to the ordinary procedure for public information provided for in this paragraph. urban legislation for the projects of balance.

2. The implementation of the operations of modification of mortgage entities that are precise for the formation of the farms to be included in the unit of execution.

Article 9. Resumption of the successive tract interrupted on the farms of origin.

Where any of the farms included in the unit of execution shall be registered in favour of a person other than the one who justifies in the file the best right of ownership over that, the resumption of the successive interrupted can be performed according to the following rules:

1. Where intermediate public titles are only pending registration, the practice of the latter shall be carried out in advance. If necessary, in order to obtain copies of such titles, it shall be of legitimate interest to request the issuing of the act, the Board of Compensation or the entity responsible for the execution of the unit.

2. If the registration contradictory with the ownership alleged in the file is more than thirty years old, the registral shall be quoted in the address that I shall record of the seat and if that circumstance is not the result of the Register, by edicts. If the holder does not appear, nor shall the Prosecutor's Office object, the registration of the farm of origin shall be carried out in favour of the person who has justified his right to any degree. In the same way, the registration shall be carried out if the holder has appeared in the file and does not object to the content of the project.

3. If the contradictory registration is thirty or less than thirty years old, the resumption of the interrupted tract within the file may take place only when the registrant has been informed personally and not has formulated opposition.

4. The completion of the formalities referred to in the preceding paragraphs shall be carried out by the Acting Administration and its result shall be incorporated into the final approval agreement of the project, which shall contain the reference to the documents supporting the resumption of the tract, the notifications made, the addressee and the appearances which, if any, have taken place on the part of the parties concerned.

5. If the requirements of the preceding paragraphs are not met, the acting administration shall award the results to the registrant of the origin, stating in the title inscribable that the file has been understood with person different. The Registrar of the Property will make the inscription without any indication of the possible contradiction.

6. The procedure laid down in paragraphs 2 to 5 may be processed by Notary competent to act in the District where the farm is located, at the request of the owner of the farm included in the execution unit. If this is the case, the Notary required shall give an account of the fact to the acting body and the result of the file shall be formalised in the act of notoriety, the first copy of which shall also be sent to the acting body before final approval. of the balance project.

Article 10. Double registration. Unknown or controversial ownership of the home farm. Holder in ignored whereabouts.

When the property included in the balance project has been the subject of double registration, it shall be a holder of unknown or registrally established that its ownership is controversial, the following shall apply rules:

1. If the farm is doubly unregistered, the relevant note has been made prior to the initiation of the equaldistribution procedure, or such double registration will be tested as a result of the operations of the project itself, the registral holders of the property will have to be considered interested in the process, according to each registration, which will result in the maintenance of this situation in the award of the results and in the your registration, which will be practiced in favor of the one who accredits the best right in the ordinary declaratory judgment corresponding to its amount in the civil court order. All this, without prejudice to the agreement between the affected holders formalised in public writing. The registration of the result farms shall include the circumstances relating to the farms of origin which have been the subject of double registration.

2. When the farm of origin is of unknown owner, the farm of result shall be registered in favor of the Acting Administration, with a fiduciary character and for its delivery to the one who accredits the best right on it. If the owner of the farm of origin is in an unknown location, the defense of his interests, during the processing of the process, shall be the responsibility of the Prosecutor's Office, unless the absent person has designated a representative with sufficient powers.

3. A contested ownership shall be deemed to exist when it consists of a preventive record of ownership. In this case, the registration of the result farm will be practiced in favor of the registrant of the farm of origin, but also moving the preventive annotation that on the same record.

Article 11. Regime of limited entitlements and the rights and encumbrances registered on the farms of origin.

When on farms of origin contributed to the project of balance, rights, charges or non-Dominican entitlements are registered, without prejudice to the provisions of the applicable urban legislation on notification the following rules apply to their respective holders:

1. The conditional entitlements, rights and charges on the farms of origin, which the project declares incompatible with the urban planning, provided that in this project it is expressly requested, with specification of the compensation which, if applicable, is to be satisfied to the holder and provided that the amount of the payment has been paid or entered, shall be cancelled.

2. Where such entitlements, rights and charges are not expressly declared incompatible with the planning determinations, they shall be deemed compatible and the Registrar shall forward them, by way of royal subrogation, to the farms of results that are awarded to the holders of the first ones, with compliance with the following rules.

3. If the holder of a farm of origin is awarded a single farm of result, it will be sufficient for the shipment that the project mentions its existence on the farm of origin.

4. Where the holder of a single farm of origin corresponds to the award of a number of result farms by actual subrogation, the provisions of paragraph 3 above shall apply, without it being necessary for the project to distribute between them. the last load or right moved.

5. Where the same holder of two or more farms of origin corresponds to the award of a single farm of result, the project shall determine in respect of the percentage quota corresponding to each of the origin. Determined that quota, the Registrar will carry the pre-existing rights or charges on each of the farms of origin on the percentage quota corresponding to that in the farm of result.

6. Where the same holder of several farms of origin corresponds to the award of different income farms, the rules contained in paragraphs 3, 4 and 5 shall be taken into account as soon as they are applicable to the case.

7. Where the project mentions the existence of non-dominant charges or rights registered after the date of the marginal notice of initiation of the file and of which the acting body has the right to be established and processed, the provisions of paragraphs 3 and 4 shall apply without the need for the fixing of the quota referred to in paragraph 5.

8. When I measure the unanimous agreement of all the active and passive holders of the pre-existing rights on the farms of origin in order to their subsistence, distribution, concreteness in certain estates of result or specification of their rank, the Registrar shall register the shipment in accordance with the agreement. Such an agreement may be formalised by the appearance of all the holders concerned by the file or by virtue of additional notarial deed.

Article 12. Impossibility of subsistence of loads compatible with the planning determinations.

In the case of rights or charges that are compatible with the management or its execution, but whose subsistence is not possible given the situation or characteristics or uses of the result farm, the following rules shall apply:

1. In the event that the situation referred to in this Article results from the draft registered, as in the case that it is directly appreciated by the Registrar, the Registrar shall proceed to the transfer of the charge or the right to be treated in accordance with the the rules contained in the previous article. The Property Registrar who appreciates such incompatibility will record this in the respective seat.

2. The Registrar shall record the transfer and the situation of impossibility of subsistence affecting the right or cargo transferred in the note of dispatch of the project certification, stating in that note whether the situation affecting the right or load in question has been appreciated by the Acting Administration or in the registrant qualification of the title. In the latter case it shall also state the reasons it considers appropriate to understand the right or the burden of impossible subsistence on the farm.

3. In any event, the active and passive holders of the right or cargo in question may agree to write their cancellation or conversion into a guaranteed right of credit, if any, with a mortgage.

4. If any of those holders were not in conformity with the registration mark on the impossibility of subsistence of the right or burden or did not agree with the other party on their assessment or the mortgage to be secured by the credit they may refer to the Court of jurisdiction in the civil court, in order to obtain a declaration of compatibility or incompatibility, and, in the latter case, to determine the assessment of the burden and the This mortgage guarantee.

5. In the event that the litigious situation referred to in the previous issue is raised, the preventive annotation may be requested in the Register of Property of the corresponding claim.

Article 13. Registration of the result farms.

The registration of the result farms will be practiced in favor of the registral holder, except for the supposed resumption of the tract or the previewed in the following articles. If the farms of origin are registered in favour of a number of holders in proindivision or of married persons and the project does not specify the form of the award, the results of the farms shall be recorded in the proportion in which they are registered. the origin or subject, where appropriate, to the matrimonial property regime applicable to them.

Article 14. Practice of seats after the marginal project initiation note.

Practiced the note referred to in Article 5, the following rules shall apply:

1. If the project will award the results to the holders of the farm of origin, according to the seats in force at the time of the presentation of the title of balance in the Register, the registration will be practiced in favor of these, although they were different from those that were the holders at the time of the issue of the certification and the practice of the note.

2. If the project awarded the results to those holding the farm of origin at the time of the issue of the certification and the practice of the marginal note referred to in Article 5, the registration shall be carried out in accordance with the (a) the date of the entry into force of the entry into force of the entry into force of the entry into force of the first paragraph of Article 3 (1)

the Treaty;

3. Where there are several registrations of domain of origin of origin after which it results from the certification and the title of balance shall award the farm of result to the holder of any of them, the inscription shall be practiced of this and only the post-successful domain registrations will be cancelled.

4. The cancellations referred to in this article and the following are performed on a marginal note.

Article 15. Cancellation of rights and charges entered after the date of the note.

Where the farm of origin is subject to rights or charges not mentioned in the project of balance and entered after the date of the note, the corresponding seats shall be cancelled, in any case, any which is the date of the title on whose virtue they were constituted.

Article 16. Marginal note of reference to formal cancellation.

When the formal cancellation of seats, in accordance with the provisions of the preceding articles, is carried out, it shall be stated, by note on the margin of the registration of the farm of result, the existence of the seats that have been the purpose of such cancellation, the title which has been motivated and their respective date.

Article 17. Title for the rectification of the registration of the farm of result in case of formal cancellation.

Practiced the formal cancellation and taken the note referred to in the previous article, the following rules apply:

1. For the purposes of registration of the domain of the farm of result or of the rights constituted on the origin, in favor of the successors in title of the latter, the presentation of the title that motivated the practice of the cancelled seat will be necessary, accompanied by the corresponding rectification, formalised in public deed, in which the circumstances and description of the farms resulting from the project and the conformity for the practice of the new seats of the holder are recorded. registration of the property awarded and the holders of the rights cancelled.

2. Where the conformity of the holder of the farm of result cannot be obtained, or of all the holders of cancelled rights, for the purposes of the rectification, it may be practised by virtue of a firm agreement of the current administration. in which the following requirements are met:

(a) To be adopted, at the request of all or any of the rights holders cancelled, formally in accordance with the provisions of Articles 14 and 15.

b) That the draft of the rectification of the registral, the successful tenderer of the result farm and those of rights and charges formally cancelled and that they have not been called upon to be notified. The notification shall be made at the address to be recorded by the Registry and, in other cases, by edicts.

3. The registration of the registral holders shall not be required and the Registrar of the holder of the right cancelled shall be sufficient when the correspondence between the farm of origin and the result farm is deducted directly from the seats of the Record.

4. As long as the rectification referred to in this article is not carried out in respect of each and every one of the rights which have been the subject of formal cancellation, no seat on the farm of result awarded to the Primitive holder of the farm of origin.

Article 18. Rules for the registration of the project of balance.

The enrollment of the equdistribution project will be practiced according to the following rules:

1. The inregistration of farms, the rectification of descriptive data, the resumption of the interrupted tract and the cancellation of incompatible rights will be entered on the farms of origin with character prior to the registration of the operations of balance.

2. If the farm of origin has been grouped in the project, the registration of the group shall be carried out in favour of the community of those interested in the procedure and the reference note shall include its instrumental character.

3. If the farms of origin are not grouped together, the cancellation of their seats shall include the data of the farms of result that the project awards, by actual subrogation, to its owner and, where appropriate, the farm of result to which it has been transferred each load or right compatible with the sorting. The result farms will be registered in a portfolio and under independent number, with the transfer of the corresponding charges.

Article 19. From the condition of the result farms to the fulfillment of the obligation to urbanize.

Will be affected to the fulfillment of the obligation to urbanize, and the other duties of the project and the planning legislation, all the holders of the domain or other real rights on the farms of result of the a balance file, including those whose rights were recorded in the Register prior to the approval of the Project, with the exception of the State in respect of the appropriations referred to in Article 73 of the General Law Tax and other of this character, which were defeated and not satisfied, which were recorded in the Register Property prior to the practice of the condition. This condition shall be entered in the Register in accordance with the following rules:

1. The registration of each farm of result subject to the condition shall include the following:

(a) The property is affected by the payment of the balance of the final settlement of the project account.

(b) The amount corresponding to the balance of the provisional account of the repair and the fee attributed to it in the payment of the final settlement for the costs of urbanization and the other of the project, without prejudice to the compensation from the compensation which may be paid out.

2. In the event of non-compliance with the payment obligation resulting from the settlement of the account, if the Administration opts for its collection by way of a prize, the corresponding procedure shall be directed against the holder or holders of the domain and notify others that they are of other rights that are registered or are subject to the condition. This is without prejudice to the fact that, in the event of payment by any of the latter of the urban planning obligation, the person who satisfies it is subrogated in the credit with powers to repeat against the owner who fails to comply, as is the result of the legislation civil, which shall be noted on a marginal note.

3. The recording of the condition shall not be necessary when the project of balance turns out that the work of urbanisation has been carried out and paid or that the obligation to urbanise has been secured by other types of guarantees accepted by the applicable urban legislation.

4. The project may establish, with the requirements which, in each case, require the acting body, that the condition does not have an effect on subsequent mortgage creditors when the mortgage is intended to secure loans granted for to finance the construction or construction works, provided that, in the latter case, the work of urbanization is guaranteed in its entirety.

Article 20. Expiration and cancellation of the condition.

The expiration and cancellation of the condition referred to in the previous article will be subject to the following rules:

1. The condition will expire seven years after your date. However, if the provisional liquidation account of the project for repair or compensation has been definitively lifted during its lifetime, the expiry date shall take place for two years from the date of the establishment of the the Land Registry of the final balance, without, in any event, the time limit of seven years from the date of origin of the condition.

2. The condition may be cancelled before its expiry date:

(a) In case of repair, at the request of any of the holders of the domain or other rights subject to the same, accompanying the application certification of the express acting organ of having been satisfied the account of the final settlement concerning the farm in question.

(b) In the case of compensation, when the holder's instance is accompanied by the certification of the acting organ of the development, and, in addition, when the Board of Compensation has been constituted, certification of the same proof of payment of the obligation in favour of the urban entity.

(c) The rule contained in paragraph (b) above shall apply in all cases where the planning legislation confers the obligation to perform the urbanization materially on those administered.

Article 21. From the expropriation of the non-attached holder to the Board of Compensation.

In the event that certain owners do not adhere to the compensation system, if the expropriation file to be followed was declared as a matter of urgency in accordance with the provisions of each case The rules contained in Chapter III of this Royal Decree on registration of the expropriation by joint assessment may be applied to that file. In this case, taken the preventive annotation referred to in the expropriatory legislation, the draft compensation will be processed and concluded in an ordinary way and, once definitively approved said project, the farm or farm of result that In order to ensure that the owner of the property is a beneficiary of the expropriation, the owner of the property must be registered in favour of the Board of Compensation, without prejudice to the actions which the urban legislation has attributed to the owner in order to determination of the justicpricing.

CHAPTER III

Urban Expropriations

Article 22. Initiation of the case.

1. When the Administration becomes aware that the expropriation affects registered farms, it will ask for certification by which the domain and charges of the same are credited. Such certification may also be requested by the registrant, justifying that the appropriate file is initiated, either by reference to its advertising in official newspapers, or by accompanying the administrative documents required.

2. The issue of such certification shall be recorded on a marginal note, expressing its date and the procedure in question, and may also be indicated at the same, at the same time or at the same time, that the application of the procedure has been applied. joint assessment. That marginal note shall be cancelled for expiry, three years after its date, if there is no new seat in the Register relating to the same file.

3. Where the Administration does not use the joint assessment procedure, the recording of subsequent transactions shall be governed by the general provisions of the mortgage and compulsory expropriation legislation. In another case, the following items will be available.

Article 23. Practice of enrollment.

In the case of expropriation by the joint appraisal procedure the seats may be practiced in any of the following ways:

1. Through the individualized registration of each farm.

2. By registration as one or more farms of all or part of the areas included in the expropriated unit.

In both cases the registration shall be carried out in favour of the Acting Administration or the beneficiary of the expropriation, provided that it is credited that it has been paid, or, if applicable, entered, the amount of the value assigned to the farm.

Article 24. Title sign-up.

The title of the forcible expropriation will conform to the following rules:

1. Where the Administration shall opt for the individual registration of the registered farms or of any of those included in the expropriated unit, the title shall be constituted by the occupation and payment act, in accordance with the provisions of the general legislation on compulsory expropriation.

2. Where the Administration opts for the joint registration of all or part of the land expropriated, in which several registered farms are understood, the title shall be the certification of the administrative decision in which the must consist of:

a) Description of the resulting farm or property, as provided for in the mortgage legislation.

(b) Reference to the expropriated estates that form the resulting or resulting property and their respective holders.

c) Plano of the resulting farm or farms.

d) Date of final approval of the expropriation project.

e) The making of publications that are legally sourced.

f) Indication that the personal notifications of the domain holders and loads that will be recorded in the certification have taken place.

Article 25. Supporting documents for administrative certification.

To the administrative certification referred to in paragraph 2 of the previous Article, and in respect of each farm of origin, shall be accompanied, as appropriate:

1. The act of occupation.

2. The act of payment of the Justiprice in favour of the holder registral of the domain, and of the payment or consignation, as appropriate, of the necessary part of it corresponding to other registered rights, when the certification of the the domain and charges referred to in Article 22.

3. The act of payment of the Justiprice in favour of the person with whom the file has been understood, if it provides evidence of proof that the estate, as described in the file, is not registered in favour of any person and duly justified their right.

4. The document certifying the entry of the Justiprice in favour of the person with whom the file was understood, where the certification referred to in Article 22 has not been provided.

5. The document certifying the entry of the necessary part of the Justicel in favor of the person concerned, when the registration certificate results in the existence of an annotation of demand on the expropriated right or charges or charges prior to the marginal note, the holders of which have been duly referred to in the file without having appeared in the file.

6. The act of deposit of the Justiceprice, in which the appearance of the Prosecutor's Office is recorded if it is made of unknown or non-comparative headlines, or the holder of the right is minor or incapacitated, who is not duly represented, as well as in other cases where, under the law, the intervention of the Public Ministry is mandatory.

7. The act of deposit of the Justiprice in all other cases, in accordance with the provisions of the legislation of compulsory expropriation.

Article 26. Rules for the registration of the results and the operations to be carried out on the farms of origin.

With respect to the resulting farm or property and the origin to which the compulsory expropriation file refers, the Registrar shall proceed according to the following rules:

1. The resulting farm or property shall be free of charge, in favour of the Acting Administration or, where appropriate, of the beneficiary of the expropriation.

2. If the certification is accompanied by the minutes of occupation and payment of the corresponding farm of origin, the Registrar will practice, in the margin of his last registration of domain, note of grouping, with effects of transfer. The same criterion shall be followed when the deposit act is accompanied and the circumstances referred to in the previous article are provided.

3. Where the amount paid or deposited has been fixed by the Administration acting in the final approval of the project, and it will not be in the file that the price has been definitively fixed in administrative way, the Registrar will do Record in the registration of the farm of result that the property is practised without prejudice to the rights of the holder of the farm of origin in question to review, in the appropriate administrative or jurisdictional procedure, the amount final of the price paid or deposited.

4. The domain and the charges, levies, real rights and limitations of all classes, registered on the estates of origin after the date of the marginal note referred to in Article 22, shall be cancelled when the registration of the farms resulting from the project, even if the stakeholders had not been party to the procedure. In order to be able to cancel the seats of the date preceding that note, it must be stated that the persons concerned have been cited in a legal manner and that they have been, in themselves or duly represented, to the payment, or, in another case, that the price or the necessary part of it, as the case may be.

Article 27. Alleged conflicting record data in the case.

When the Justiprice has been deposited for the result of the file statements contrary to the reality alleged by the individuals, in order to cancel the corresponding seats it will be necessary to present the minutes dealt with under Article 209 of the Notary Regulation in respect of which the right of the person claiming to be the holder is justified. This act shall be accompanied by the payment or supporting document for the entry of the price in favour of the same person.

Article 28. Assumption of farms or rights not included in the file.

If at the time of the registration of the farm or property resulting, or, subsequently, the Registrar has doubts as to whether any estate or registered right has not been included in the file, it will transmit a literal certification of its seats to the expropriating body and shall take note of its referral to the margin of the last registration of the domain; this note shall be cancelled for expiry of one year from its date. In order to cancel the registration, it will be necessary to request the expropriating administration, accompanied by a supporting document that the holders of the farms or rights have been duly compensated, after processing the appropriate file complementary.

CHAPTER IV

Enrollment of mandatory disposals

Article 29. Disposals susceptible to registration.

The land that in compliance with the Laws must be subject to compulsory cession, shall be entered in favor of the Acting Administration and for its affectation to the intended destination in the plans of ordination. The land to be transferred must be free of charge, unless otherwise provided by the applicable urban legislation.

Article 30. Title for the registration of compulsory disposals.

The registration of compulsory disposals shall be made by the following titles:

1. Where the execution of the disposals is carried out as one of the balance operations, the registration shall be effected by the same securities as this Regulation provides for such operations. In the cases of unnecessariness of reparation for belonging to sole owner or to several pro indivisos the totality of the farms that make up the unit, or for the resignation of the owners to the repair file, with acceptance by the Administration of the location of the use, for the registration of the land of compulsory cession, shall be processed in which, at least, the plots which are susceptible of exploitation are determined and the areas that have been described compulsorily to be transferred.

2. The areas of compulsory disposal defined by planning instruments aimed at regularizing or legalizing land in which the building permitted by the plan is fully consolidated may be registered in favour of the acting body, without the consent of the registrant, by virtue of the certification referred to in the following Article.

3. In other cases, it shall be necessary to record the agreement of the registrants with the Acting Administration, formalised in administrative minutes of which it shall issue the corresponding certification, in the terms provided for in Article 2 of this Regulation. Regulation, or in public deed.

4. In the resolutions, acts or deeds referred to above, the segregations or mortgage modifications that proceed may be carried out, for the determination of the property that is the object of the assignment.

Article 31. Registration of land of compulsory cession under the certification of the acting body.

In the case provided for in paragraph 2 of the previous Article, the certification issued by the acting body shall state:

1. The resolution in which the occupation of the estates that have to be transferred in favor of the Acting Administration, with specification of their destination to cession, according to the forecasts of the plan, was agreed.

2. That the file prior to the decision has been notified to the registral holders of the properties that are transferred and that have been granted a period of not less than thirty days to request the processing of the project of balance, if it were appropriate.

3. Whether or not there was such a request and, if so, the terms in which the reasoned decision was issued in which it is expressed that the balance requested is not appropriate because the permitted or legalized building has been fully consolidated. by the planning in whose virtue the cession is required.

4. That the administrative decision in which the unilateral occupation was agreed is not liable to any recourse, administrative or judicial, except for the possible review appeal.

Article 32. Other soil disposals.

The disposals of land that do not legally have the character of compulsory or that do not result from urban conventions typified in the legislation on the soil, will conform to the formal requirements for donations of real estate.

CHAPTER V

Enrollment of urban development

Article 33. General rules on the transfer of urban development.

In cases where the applicable urban legislation supports or provides for the transfer of urban development, it is already a transmission between farms belonging to different or different holders of land. distribution of the same among those belonging to a single owner, their registration in the Land Registry will be practiced according to the following rules:

1. For registration by the Registrar of the Property it will be necessary for the transmission or distribution to be formalized in public deed granted by the holder or holders of the farms on which the use is distributed, or that they result affected by the transfer, as well as by the holders of the rights entered or registered on the same and who are affected by the transfer of use in the terms established in this article.

2. The transmission or distribution shall be the subject of registration in the portfolio of the farm to which the use grows or between which it is distributed, and shall be recorded by note on the margin of the last registration of the domain of the property to which it proceeds.

Article 34. Circumstances of the title and seats.

The seats to be used shall include, in addition to the applicable general circumstances, the following:

1. Number of units of use corresponding to each of the affected farms before transmission or distribution, specified according to the parameters on buildability and uses to be established by the urban legislation applicable.

2. The amount of the use transmitted or distributed, the proportion attributed to it in relation to that of the farm of destination and the amount of the use to which the farm of origin is reduced.

3. Determination of the registered rights of farms of origin and of destination that are not affected by the transmission or distribution of use.

4. Determination of the registered rights which are transferred in whole or in part of the farm from which the use is transmitted or distributed to the farm of destination.

Article 35. Agreement on transfers of use.

For the purposes of your registration in the Land Registry, in the transfer of use you will have to consent to the Sunday headlines and any other rights or charges registered on the country of origin and the country of destination. Where the charge or charge for which the transfer is intended pursuant to the agreement has been entered in the Land Registry under a judicial injunction or administrative decision, the writing of transmission or distribution shall be approved by a firm resolution of the authority which ordered the entry or registration of the actual right transferred. This is without prejudice to the provisions of Article 38 of this Regulation.

Article 36. Transfer or distribution of exploitments between farms registered in different Registers.

When farms of origin and destination of the use transmitted or distributed are registered in different mortgage districts, the following rules apply:

1. The Registrar competent to practice the registration at the farm of destination of the use will not take this to effect until it is established that the note has been practiced in the folio corresponding to the farm from which the use proceeds.

2. The Registrar competent to practice the note on the margin of the farm of origin of the use, once extended, will return the title accompanying the literal certification of the existing inscriptions on the farm, as well as of the note practiced. The Registrar to whom it is appropriate to extend the registration of the transfer at the farm of destination, once practiced, will inform the Registrar in whose district the farm of origin is located by means of remission of certification of the Seats practiced.

3. The Registrar who has practiced the marginal note of the farm of origin shall note below that the registration of the transfer has taken place.

4. In the event of a governmental appeal against the registered refusal of the Registrar competent to practise registration at the finca of destination, the latter must communicate such a circumstance and, where appropriate, the extension of the seat of presentation to the Registrar in whose district the farm of origin is located. The Notified Registrar will record the existence of the resource outside the country of origin, until it is notified by the Registrar, to whose district the farm of destination corresponds, the negative resolution of the resource, in which case it will cancel the note, or the practice of the corresponding registration, in which case it shall be carried out in accordance with paragraph 3 above.

Article 37. Urban authorisation for transfers of urban land use.

When the applicable urban legislation requires the prior authorization of transfers of urban planning, the granting of a specific license or the taking of prior reason in administrative records intended for record their performance, the respective grant or registration shall be a requirement of access to the Land Registry of the transmission or distribution.

Article 38. Coactive transfers of use.

For the purposes of their registration in the Land Registry, the co-active transfers of use imposed by the Administration to the private individuals in the cases provided for by the law will be subject to the provisions of the Expropriations in favour of the beneficiary, being considered as such, where appropriate, to the holder of the farm of use, in whose favour the registration is to be carried out.

Article 39. Independent Portfolio Enrollment Assumptions.

The urban development will be registered as a special estate disaggregated from the soil and through the opening of an independent portfolio, in the following cases:

1. When the Administration requests that the appropriate use be entered under this modality, as disaggregated from the farm or farms from which it comes.

2. When the direct occupation of farms takes place by means of the recognition of units of use in the cases provided for by the laws.

3. In cases of forced expropriation of certain farms where the justiceprice consists in the subsequent allocation of future farms pending training.

4. In the private management systems in which the execution of the urbanization corresponds to the individuals, when a quota of value of the same is recorded in conventional units of use and they are awarded to the urbanizing companies or are transmitted by any title to a third party, prior to the final approval of the corresponding balance project.

Article 40. Administration of the administration.

The independent portfolio enrollment of the Administration will be subject to the following rules:

1. It will be taken note to the margin of the last inscription of the domain of the estate that the approval comes and will be opened independently with attribution of own number of own estate to the use. The use corresponding to different farms of origin may be registered in a single sheet, provided that they belong to the same City Council or Section. Also, the use of farms from the same City Council or Section will be able to register in the already opened portfolio, by means of aggregation specifically requested by the Administration.

2. In the portfolio opened for use, the records of the farm where the use is made must be recorded, in any case, and, in the case of several, the units corresponding to each farm of origin.

3. The registration of the use in the terms provided for in this Article shall be free of charge or charge.

Article 41. Transfer of leverage by the Administration.

Without prejudice to the compliance with the rules of disposition of your goods, in the transfers made by the Administration in respect of the benefits entered in your favor, the following shall be observed: rules:

1. The administrative certification of the transfer agreement or notarial public deed shall be sufficient for the registration in the Registry of the Property, accompanied, in each case, by the certification of the seat practiced in the Register Municipality of Transfers of Use, in which it is found in the circumstances referred to in Article 2 of this Regulation.

2. The registration will be carried out in the portfolio corresponding to the farm whose use grows and will result in the cancellation of the independent portfolio open to it, as provided in the previous article. The registration data for the destination farm shall be entered in the cancellation seat. Where the transmission is intended solely for a part of the use of a single sheet, it shall be taken on the same marginal note in which the units for which it is used shall be recorded, the units remaining registered in favour of the Administration and the registration data corresponding to the destination farm of the units transmitted.

Article 42. Registration of the farms and their use in case of direct occupation.

The urban development of farms that are the object of direct occupation by the current administration, because they are destined to plan for general systems or to provide local resources, Register by the Registrar of the Property according to the following rules:

1. The appropriate certification shall be the title of the certificate in which the following circumstances are found:

a) Place and date the occupation is lifted.

b) Determination of the Acting Administration and Transcript of the Occupation Agreement.

c) Data for the identification of rights holders on occupied farms.

(d) Circumstances of the notifications made to such holders and the specification that the time limit set by the law for making claims has elapsed.

e) Description of the farms or parts of the farms under occupation together with the same, their data registers, the area occupied, the units of use corresponding to it and the unit of execution where they are take advantage of these leverage.

2. If the occupied area corresponds to part of a registration farm, the corresponding segregation with specification of the description of the parent farm shall be carried out in the certification.

3. The farm object of direct occupation will be registered in favor of the current administration, for its affectation to the use for which it has been occupied and will be made to note that the corresponding urban development is pending of consolidation definitive for the award of the replacement farm. On the margin of the registration, the register data of the open sheet shall be recorded for use.

4. The use of the farm or occupied farms will lead to the opening of an independent portfolio for each one of them, which will be transferred to all the existing seats on the occupied estate. The certification shall express the corresponding rights which, by reason of their nature, cannot be extended over the use.

5. The shipment of loads shall not take place when the certification is accompanied by public writing to which the holder of the domain and the previously registered charges for which the use corresponding to the occupied farm is distributed. between all of them for domain title. In this case, a portfolio will be opened for the use of each of the holders under the agreed distribution.

6. The titles of constitution, transmission or charge of the domain or of the actual rights which are the subject of the registered use of an independent portfolio, as well as those relating to the occupied property whose access to the Registry takes place with after the occupation, they shall be entered in the open sheet for use until the provisions of the following subparagraph are made.

7. When registering in favour of the holder or holders of the use of the farm or result farms in the unit of execution designated for the purpose to be made effective, the portfolio or sheets opened for use shall be cancelled.

Article 43. Partial transmission of urban development for certain units of execution.

When planning companies are awarded, or to a holder other than those who provide land or land use, part of the use that is the subject of balance under a private execution project in the obligation to urbanize corresponds to the owners of the farms that are part of the unit, the following rules shall apply:

1. For registration in the Land Registry, the transmission of the use must be formalized in public writing.

2. The transmission units transmitted shall be entered in an independent form in favour of their acquirer and such transmission shall be made on the basis of a note on the grounds that the use is made.

3. The registered use may be the subject of transmission or lien and its independent registration shall be cancelled at the time the award takes place in favour of its holder of the corresponding replacement farm in the unit of execution.

Article 44. Expropriation in exchange for future finca.

When, in accordance with the provisions of the urban legislation, in the expropriation file it is determined that the Justiprice is constituted by a future farm that the expropriating Administration will give to the expropriated, apply the following rules:

1. The urban development corresponding to the future farm can be registered in the Land Registry through the opening of an independent portfolio.

2. The description of the use may be made by the determination of the units comprising or by the description of the future farm, with specification of its surface, intended uses, buildability, occupation in plant or other urban circumstances allowing identification.

3. The opening of the independent portfolio will be carried out under the occupation act of the expropriated estate.

4. The portfolio opened for use will be cancelled at the same time as the registration in favour of the expropriation of the estate that constitutes the Justiprice in kind.

5. The use of the rules contained in paragraphs 2 to 6 of Article 42 of this Regulation shall apply to the use made in accordance with this Article.

CHAPTER VI

Enrollment of new works

Article 45. Registration of new works.

The buildings or improvements thereof that are incorporated into the estate, when they are executed according to the applicable urban planning, will be entered in the Land Registry under the titles provided for in the for mortgage legislation. For this purpose, the number of plants, the area of parcel occupied, the total number of square metres built, and, if the approved project is specified, the number of dwellings, apartments, studies, and the number of plants shall be recorded in the same number of plants. dispatches, offices or any other element that is capable of being used independently.

Article 46. Requirements for title enrollment.

To register the titles included in the previous article you will need to comply with the following requirements:

1. To be credited with obtaining the appropriate license, unless legally enforceable.

2. If the building is under construction, to be credited by the technician referred to in Article 50, the description of the new work, as regards the ends included in the previous article, is in line with the project for which, if necessary, obtained the license.

3. If the building is declared complete, the certificate shall, in addition to the provisions of the earlier numbers, prove that the work has been completed and that the project concerned is adjusted, as regards those extremes.

Article 47. Title and marginal note of completion of the work declared under construction.

When the work has been declared and enrolled in construction, the following rules apply:

1. Its completion must be recorded on the basis of a margin of registration. This note shall be made in the form of a notarial act in which any of the persons entitled, in accordance with the provisions of this Article, certify that completion by incorporation of the certificate referred to in Article 3 (3). previous.

2. The minutes referred to in the preceding paragraph shall be entered in the register where the holder's grant has been required by the registrant or by the following persons:

a) That which has declared the new work under construction, even if it has transmitted the domain in whole or in part.

(b) If the farm belongs to a number of pro-indiviso holders, those holding the majority necessary to carry out administrative acts.

(c) The chairman of the owners ' meeting, if the building had been incorporated into a horizontal property regime.

d) Any of the spouses, if the property was attributed to their conjugal society.

Article 48. Onboarding or notarial testimony of supplementary documents.

For registration of the titles for which the new work is declared, or its termination, it will be necessary for the incorporation of complementary documents to be subject to the following rules:

1. In the new work declaration scripts, the license granted will be literally written.

2. In the event that the grant of the license takes place by an alleged act, they shall be incorporated in the deed, in original or by testimony:

a) The administrative certification of the alleged act.

(b) In the event that the latter has not been issued, the written application for the license and, where applicable, the complaint of the default, the written application for the certification of the alleged act, all sealed by the Acting administration, and the express expression of the declarant that, within the legally established time limits for the granting of the licence applied for and for the issue of the certification of the alleged act, it has not been communicated by the Administration of the relevant decision rejecting the licence applied for or not issued by the licence certification of the alleged act.

Article 49. Certificate of technician.

The justification by competent technician of the extremes referred to in the above articles may be made:

1. By appearance of the technician in the same act of granting of the deed or authorization of the act which, in each case, proceeds.

2. By incorporation into the matrix of the writing or the act of prior certification of the technician, with a signed legitimized signature, containing the description of the new work, coincident with that of the title itself as to the ends that must accredit.

3. For the presentation of the certification of the technician, with the character of complementary document of the title inscribable. In this case, the signature of the certificate must be the object of a notarial legitimation, and in its contents must be made express reference to the description of the work in construction or finished object of the writing or the act, as well as the name of the Authorizing notary, document date, and protocol number.

Article 50. Competent technician.

For the purposes of this Chapter, the competent technician shall have the following:

1. The one that alone or in union of other technicians has signed the project for which the building license was granted.

2. The one who alone or in union of others has entrusted the direction of the work.

3. Any other technician, who by certification from their respective professional college, accredit that they have sufficient faculties.

4. The municipal technician of the competent City Council responsible for this function.

Article 51. Registration of titles that have as their object the work declared under construction.

When in the seat I shall not record the completion of the new work, the titles which have the object of the building or any of its floors or premises, shall be entered with the description resulting from that, with the Registrar in the release note that the work is pending the registration of the registration note, the only means of advertising "erga omnes" of the compliance of the prevented in the corresponding license.

Article 52. Rules applicable to other constructs.

New work declarations for completed buildings may be entered by the Registrar of the Property, in which the following requirements are met:

(a) To be tested by certification of the Catastro or the City Council, by technical certification or by notarial act, the completion of the work on a given date and its description coincident with the title.

(b) that the date is before the time limit laid down by the applicable law for the limitation of the infringement in which the edifying could have been incurred.

(c) That the practice of preventive annotation by the opening of an urban planning file on the farm which has been the subject of construction is not recorded.

Article 53. Requirements for horizontal property constitution titles.

To register the titles of horizontal division or modification of the already registered regime, the following rules apply:

(a) They may not be constituted as elements capable of independent use more than those which have been recorded in the new work declaration, unless it is credited, by means of a new licence granted in accordance with the forecasts of the current urban planning, which is allowed to be greater. The provisions of this number shall not apply to areas intended for commercial premises or to garages, except where the number of commercial premises or garage places is an essential condition of the licence text. concession.

(b) Where the purpose of the transfer is an undivided holding of land intended for garages, which involves the exclusive use and enjoyment of a given area, the detailed description of the area shall be included in the title; with the fixing of their order number, linderings, perimeter dimensions and useful surface, as well as the description corresponding to the common elements.

Article 54. Notifications to be made by the Property Registrar.

The Registry of the Property shall give the respective Town Hall of the inscriptions made in the cases referred to in Articles 48.2 and 52, paragraph (a), second, and shall record in the inscription and in the the practice of such notification.

Article 55. Registration qualification.

The Registrar shall, under his/her responsibility, qualify the compliance with this Regulation for the registration of new work declarations, in such a way that the documents that do not meet the required requirements shall not be fulfilled. be registered, without prejudice to the provisions, on the registration of the urban irregularity, in the legislation applicable in each case.

CHAPTER VII

Preventive annotations given in administrative procedure of urban discipline

Article 56. Preventive entry for the opening of cases of urban planning.

The legally competent administration, in order to ensure the outcome of the planning cases and the replenishment of the goods affected to the state that they have before the infringement, may agree to take preventive action against the initiation of such dossiers. The entry may be made only on the farm where the offence is presumed to have been committed or the obligation in each case is breached.

Article 57. Title to practice logging.

The title of the endorsement shall be the certification issued by the Secretary of the competent Administration, stating, in addition to the circumstances provided for in Article 2.2, the following:

1. Date of the agreement and body that has adopted it.

2. That the agreement has been notified to the registrant.

3. The object of the case, its start date, and the express request for the annotation to be taken.

Article 58. Action of the Registrar of the Property. Certification and note of dispatch.

Practiced the annotation, the Registrar shall return one of the copies with note of having extended the seat to which he will accompany certification of the domain and loads of the property entered, in which the address of his or her respective holders, if this is recorded in the Register. From the issue of certification, note will be taken out of the last domain registration.

Article 59. Notification of the annotation.

The Acting Administration will notify the adoption of the agreement by which the annotation practice was ordered to all domain and cargo holders, according to the certification issued.

Article 60. Duration and extension of the annotation.

The registered entry shall be four years and may be extended for one more year at the request of the Administration which has requested it.

Article 61. Extension of the annotation in case of a litigation-administrative resource.

Notwithstanding the provisions of the previous article, when an administrative dispute is brought against the agreement that prompted the pretrial, the Administration may ask the Tribunal to know about the process. the preventive endorsement is extended until the final administrative decision has been taken in the procedure.

Article 62. Cancellation of the preemptive annotation before the completion of the case.

The preemptive entry in the case of the opening of the sanctioning procedure may be cancelled prior to the termination of the file, when the latter expires, at the request of the administration which ordered it, when judicial resolution, or when the procedure is terminated without express resolution on the substance.

The title to practice cancellation will be, as the case may be:

1. The administrative certification of the agreement in which the cancellation is ordered or the file is declared outstanding, or the application of the registrant of any right on the annotated farm to which the certification is accompanied.

2. The court order issued in execution of the judgment or of the order in which the cancellation was decreed.

The cancellation will be performed without prejudice to the compensation that, if any, may correspond to the owner of the estate in the event that the agreement that ordered the practice in the cancelled annotation is declared unjustified.

Article 63. Record effects of the completion of the case.

When the resolution of the Administration has been established to which the endorsement has been taken, declaring the existence of the infringement or the failure to comply with the corresponding obligations, they shall be carried out, depending on the cases, the following seats:

1. If the decision imposes the duty to give up certain farms or specific parts thereof, entry shall be made, provided that the certification concerned complies with the requirements laid down in Article 2 of this Regulation. Regulation and the agreement were not subject to judicial review.

2. If the final agreement of the Administrative Administration imposes an economic penalty which gives rise to the award procedure, the precautionary endorsement referred to in Article 66 shall be taken, if ordered.

3. In other cases the termination of the file shall be recorded on a marginal note, which shall produce the general effects referred to in Article 73.

4. The certification of the agreement declaring the termination of the file shall, in any event, result in the cancellation of the preventive annotation.

Article 64. Registration effects of the termination of the file in court.

Where the administrative file has been brought before the court, the judgment, order or order terminating the proceedings shall give rise to the practice of the seats which it orders, on the terms and with the the effects provided for in Article 71 for judicial decisions to terminate the administrative-administrative appeal.

Article 65. Cancellation of seats practiced as a result of the completion of the file.

The cancellation of the seats practiced as a result of the completion of the file, as referred to in the previous articles, may be carried out according to the cases:

1. In the case of registrations, they may only be cancelled in accordance with the provisions of the Mortgage Law.

2. In the case of the marginal notes referred to in Article 63.3, their cancellation may be obtained by agreement of the Administration, or by virtue of a judicial decision declaring the non-existence of the infringement, the the orders for the restoration of the legal order or the failure of the corresponding duties to be carried out. It may also be practiced at the request of the registrant to which the certification of the agreement of the Administration in which the cancellation of the note is resolved, or the documentation that accredits, in accordance with the provisions of the Law, the to obtain such a positive silence or, where appropriate, the relevant judgment.

Article 66. Embargo annotation in case of an economic penalty.

In cases that may result in the imposition of an economic penalty, the Acting Administration may apply for the practice of preventive annotation, in accordance with the provisions of the legislation for the award of For the public finances. In the event that the annotation is practiced in favor of a contributing urban entity, it will be a prerequisite that the constitution of the same one is credited. The effects of the precautionary endorsement shall be produced from its own date, even if the preventive annotation of the opening of an urban planning case has been previously practised.

CHAPTER VIII

Preventive annotations ordered in administrative-litigation process

Article 67. Preventive annotation by interposition of litigation-administrative resource.

The one that will promote litigation-administrative action against the acts of the public administration that have the object of the definitive approval of the plans of ordination, of its instruments of execution or of licenses, will be able to request, in writing or after, if there is sufficient justification, that preventive action be taken on specific and determined estates which are affected by the contested act, offering compensation for the damage which could be followed if the appeal was dismissed, in such a way that the lack of If necessary, the Court shall, where appropriate, require the Court to avoid damage to the holder of the property or the right to be entered, shall prevent the practice of the annotation.

Article 68. Processing of the annotation request.

The application of the annotation, accompanied by certification of the registry of domain and charges, will be substantial by the formalities established in the Law of the Jurisdiction-Administrative Jurisdiction. It shall be necessary for the practice of the seat to have heard, in any case, the holder of the farm and those who, according to the certification, are holders of rights and charges which they contain in this case, and the provision of the security referred to in the Previous article.

Article 69. Title for the annotation.

The annotation shall be performed by virtue of a judicial injunction in which the judgment given is recorded and that the appropriate caution has been provided, where appropriate.

Article 70. Preventive annotation of the demand.

The application filed under the procedure will also be annotated in the terms provided for in the above articles.

Article 71. Effects of the judgment terminating the court proceedings.

The final judgment ending the administrative-administrative procedure in which the preventive annotation was ordered will produce the following effects:

1. It will be titled enough to practice the seats laid out in it.

2. Where the judgment results in the creation, modification or extinction of the domain or of any real rights, the relevant seats shall be applied in the form established by Article 198 of the Mortgage Regulation. This Article shall also apply in respect of the cancellation of contradictory seats on the basis of titles from the date prior to the preventive entry, where the ownership of the rights comes from acts subject to the control of the Courts and administrative courts, in which case, for the purposes of the cancellation of the seats arising from the titles referred to in this Article, a decision shall be taken in this judicial order as to the execution of the judgment, subject to the citation of the rightholders affected by the possible cancellation.

3. Where the judgment does not result in the creation, modification or extinction of the domain or of any real right, or the modification of the description of the estates on which it has been practiced, the judgment itself will be a sufficient title for the cancellation of the annotation.

Article 72. Extension and cancellation of the annotation.

The duration, extension, and other issues not specifically provided for in the foregoing articles shall be governed by the provisions of the mortgage legislation for the preventive annotation of demand.

CHAPTER IX

Marginal Notes

Article 73. Duration and effects of marginal notes.

Unless otherwise specified, the marginal notes covered by this Regulation shall have an indefinite effect.

Such notes will not take another effect than that of making known, to those who consult the contents of the Land Registry, the urban situation of the estate at the moment to which it refers the title that the origin, except the cases in the applicable legislation provides for a different effect.

Article 74. Marginal note of conditions imposed on certain farms.

When, in the event of the granting of licenses or the authorization of other administrative decisions, conditions are imposed that must be fulfilled on the farm to which they affect, in accordance with the Laws or the Plans, such as conditions may be entered by the Registrar of the Property by a marginal note.

1. The marginal note shall be taken on the basis of an instance of the holder of the farm to which the administrative certification is accompanied, in which the agreed agreement is recorded.

2. It will literally transcribe the agreement that gives rise to its practice and will specify that it does not produce another effect than that provided for in the previous article.

3. The marginal note may be cancelled:

(a) By virtue of the administrative certification of the record that the conditions imposed or of the application of the holder to which it is accompanied have been fulfilled or the supporting documentation of the agreement obtained by an alleged act, in accordance with the provisions of the Law.

(b) When the licence is subject to any kind of duties to the holder of the farm and does not indicate a period of compliance with them, nor is the condition of a definitive nature, the note shall be cancelled by expiry four years after its date. If the licence has been issued, the expiry of the notice shall be two years after the date of compliance of the notice. Article 75. Marginal note of the declaration of illegality of the building license.

When the building license, under which a new work has been carried out, is subsequently declared illegal, in breach of the applicable urban planning, it shall be recorded on a marginal note. The note shall be taken on the basis of certification of the final administrative decision, or, where appropriate, of the judgment, in which the illegality of the licence is declared and the registrant has been summoned in the proceedings.

Article 76. A marginal note on the granting of licences for works and provisional uses.

The granting of the licenses for provisional uses and works and for the buildings out of order shall be recorded in the Land Registry by note to the margin of the last registration of the property of the estate corresponding. The note shall be taken at the request of the registrant, or with his/her hearing at the request of the Acting Administration, to which the verbatim certification of the licensing agreement is accompanied, and shall be expressed, in the light of the administrative certification, the duty of demolition of buildings when the City Council will agree, without the right to compensation in their case, and with the other consequences provided for in the urban legislation.

Article 77. A marginal note of the acquisition of urban development.

The acquisition of the right to take advantage of urban development that can be appropriated in each individual farm, as a consequence of the compliance by its holder of the requirements established by the applicable urban legislation, may be entered in the Land Registry, by note on the margin of its last registration of the domain, to which the following rules apply:

1. The seat shall be carried out by transfer of the agreement of the acting administration, by certification of the agreement, or at the request of the person to whom the certificate is accompanied, with a description of the farm concerned. Where the agreement of the Acting Administration is obtained by an alleged act, the application for the marginal note shall be accompanied by the documentation certifying the acquisition in accordance with the provisions of the Law.

2. For the purposes of the content of the domain registered on the farm, the third parties acquiring the property shall be subrogated to the urban rights and duties resulting from the use which has been the subject of the marginal note according to the plan each case is applicable.

3. In the event of an administrative declaration of non-compliance with urban planning duties by the holder of a property subject to mortgage law, the mortgage creditor may exercise the powers that the guarantee shall give him the legislation in force. In addition, the Judge, in accordance with the provisions of the Mortgage Law, at the request of the holder of the credit, may grant the latter the administration and interim possession of the estate, with the possibility of subrogating itself in the performance of the urban duties, if it has been agreed in the title of incorporation of the charge.

CHAPTER X

Enrollment of Parcel Acts

Article 78. Action of the Registrar of the Property.

Property Registrars will require to register the division or segregation of land, which is credited with the granting of the license that was provided for by the applicable urban legislation, or the municipal declaration of its unnecessariness, which must be documented literally in the document.

Article 79. Divisions and segregations.

In case of division or segregation of farms carried out on non-urbanized soil, when the corresponding operation is lower than the minimum unit of cultivation or, in any case, even higher, when for the circumstances of description, dimensions, location or number of farms resulting from the division or successive segregations, there is doubt founded on the danger of creation of a population nucleus, in the terms indicated by the legislation or the applicable urban planning, the Registrar of the Property will act with fixed to this article.

1. The Registrar of the Property, when, in spite of having authorized the public deed, have the doubt founded to which the previous number refers and the corresponding license is not provided, will send copy of the title or titles presented to the Council agreement, accompanied by a written request for the adoption of the agreement which, in each case, is relevant and with the express warning that in the event of non-response, it will proceed in accordance with the provisions of this article. The referral of the documentation referred to shall be made on the margin of the seat of presentation, which shall be extended to a limit of one hundred and eighty days from the date of the referral.

2. If the City Council communicated to the Registrar of the Property that the existence of illegal urban parking is not derived from the authorized title, the Regis Trador will practice the registration of the requested operations. This shall be without prejudice to the provisions of Article 80.

3. If the City Council refers to the Registrar certifying the agreement of the competent body, which has been adopted after hearing the parties concerned, in which it claims the existence of danger of formation of an urban core or of possible illegal parking, refuse the registration of the requested transactions and the Registrar of the Property will reflect the municipal agreement by note to the margin of the estate or the rest of the estate. That note shall produce the effects provided for in Article 73.

4. Four months after the date of the note on the margin of the seat of presentation, as provided for in paragraph 1 of this Article, if no evidence of the opening of the file referred to in paragraph 1 is presented. The following with effect of prohibition of availability, the Registrar of the Property will practice the registration of the requested operations.

5. If the City Council or, where appropriate, the competent urban authority, initiate the case of an urban infringement by illegal parcelation, the corresponding agreement may be requested from the Registrar of the Property that the preventive annotation It has the effect of an absolute prohibition on the provision of the mortgage law in the terms provided for in Article 26.2.o of the Mortgage Law.

Article 80. Farms with a dimension lower than the minimum crop plot.

In the case of acts of division or segregation of farms lower than the minimum unit of cultivation, the Registrar of the Property shall send copies of the documents submitted to the competent agricultural administration, in the terms provided for in paragraph 5 of the previous Article. If that Administration adopts the relevant agreement on the nullity of the act or on the assessment of the exceptions in accordance with Articles 23 and 24 of Law 19/1995 of 4 July 1995, it shall forward to the Registrar content of the resolution relapse. In the case of four months from the referral or the Land Administration appreciating the existence of an exception, the Registrar shall practise the requested seats. In the event that the aforementioned decision declares the nullity of the division or segregation, the Registrar shall refuse the registration. If such a decision is the subject of a judicial-administrative appeal, the holder of the farm concerned may request the preventive entry of his or her interposition on the farm object of fractionation.

Article 81. Indivisible urban plot.

In the event that the plot is indivisible as a result of the provisions of the urban legislation, the following rules apply:

1. In order to be able to reflect in the Land Registry the quality of indivisible of a plot, the corresponding City Council will communicate to the Registrar the dimensions of the minimum plot, according to the forecasts of the urban planning in force, with reference to the specific farms on which the action is intended.

2. When the total of the materializable use on the farm has been exhausted with the permitted or existing building, the City Council will inform the Registry of the Property when granting the building license. Where the building is only part of the use, the communication shall specify the portion of the land that is susceptible to segregation.

3. The quality of the indivisible part of the plot will be indicated by note to the margin of the last registration of the current domain, when the Registrar of the Property receives the communication of the previous number and when new farms are created consequence of mortgage modification operations.

Article 82. Division of built-up plots.

When the parcels resulting from the balance file are constructed, according to the neation, different buildings, these may constitute independent registered farms without the need for a parking license. If the plot is indivisible, only independent registered farms may be established if the different buildings are located on common ground and subject to a single horizontal or real estate system.

CHAPTER XI

Enrollment of Transmissions Subject to Tanteo and Urban Backspace

Article 83. Communication to the Registrar of the Property of the delimitation of the areas of tanteo and retract.

When in the general municipal planning, or in the case dealt with in particular for this purpose, comprehensive areas of land or dwellings that have to be subject to the right of withdrawal or retraction have been defined. in accordance with the provisions of the town planning legislation, the City Council shall forward to the Registrar of the Property, to whose district the mortgage district corresponds wholly or in part, that area, certified copy of the Agreement of delimitation of the same and of drawings reflecting such delimitation, as well as a detailed list of the streets or sectors included in those areas and of the affected owners and property, as soon as such data are held by the City Council and the Registrar will record it by note to the margin of the last registration of the property of the farms.

Article 84. Requirements for transmissions subject to tanteo and urban retraction.

When in a municipal term or section of the Mortgage District there were limited areas of tanteo and retraction, in the terms provided for by the urban legislation, the titles of onerous transmission of land or housing must contain the following circumstances:

1. Express declaration of the parties, under the responsibility of the order that proceeds, that the land or dwelling transmitted, as the case may be, is located or not included in the area of tanteum and retract.

2. If the declaration is positive, the notifications referred to in the following Article have been carried out.

Article 85. Circumstances of the notifications.

For the purposes of the registration by the Registrar of the Property of the transmission titles subject to tanteum and retraction, the regime of the notifications in favor of the Administration shall conform to the following rules:

1. Prior to the disposal, the affected owners must notify the City Council of that decision, stating the characteristics of the farms, the data recorded in their case, their description, price and the form of payment projected, the circumstances of the future acquirer and the remaining essential conditions of the transmission.

2. After the transmission has been carried out, the acquirer shall communicate the same to the City Council by way of delivery of the copy of the deed or document in which it is formalized. 3. In order to be able to register with the Registrar of the Property the documents for the acquisition of the goods referred to in this chapter, it must be justified that the notifications provided for in the respective cases have taken place in their respective cases. paragraphs 1 and 2 of this Article, with the required requirements. The lack of justification will constitute a subsable defect with the suspension of the registration, with the possibility of taking a preventive annotation with a duration of one hundred and eighty calendar days, which will become an inscription if in that period of validity it will be credited the practice of notifications in legal form.

Article 86. Effects of the declaration of attachment or non-attachment of the land to tanteo and urban retraction.

The translational titles referred to in this chapter will apply the following rules:

1. If, in the title, it is expressly stated that the dwelling or land is not included in the area of tanteum and retract, the Registrar shall practice the registration, without prejudice to the provisions of paragraph 4 below.

2. If the declaration is positive and the relevant notification has not been carried out, the Registrar shall suspend the registration, although he may take preventive action by default, which shall become an entry if during his or her term of office. The practice of the notification shall be credited.

3. If in the title there is no express statement on the inclusion or non-inclusion of the dwelling or land in the area of retraction, it shall not be entered by the Registrar of the Property.

4. If the declaration is negative, but of the details of the description of the farm, its location in relation to certain vials or other data which may result from the content of the documentation submitted in accordance with the provisions of the article 83, as a result of indications that the property may be understood in the area of retraction, the Registrar, without prejudice to the practice of the registration, shall inform the competent City Council of the fact of its granting and the other circumstances indicated in the previous article.

5. The Registrar shall take note of his date on the margin of the seat of presentation and shall extend the validity of the notification referred to in the preceding paragraph to 15 days. After 15 days without the City Council expressly stating that the property or properties transmitted are located in the area of tanteo and retracted, it will practice the requested registration. If the answer is positive, the Registrar shall proceed in the manner set out in paragraph 2 of this Article.

CHAPTER XII

Forced Selling Regime

Article 87. A marginal note of the inclusion of the farm in the Administrative Registry.

The inclusion of an estate in the Administrative Registry of Solares and Unurbanized Land will take note of the margin of its last registration of the domain by the Registrar of the Property, according to the following rules:

1. The title shall be the certificate in which the literal transcription of the agreement of the inclusion of the farm is contained in the Administrative Registry of Solares and Terrain without Urbanization, for which the competent administration requests expressly the practice of the note and in which it is stated that the registrant has been notified.

2. Where the procedure for inclusion has been initiated at the request of a person other than the Administration, the notice shall be made on the basis of a request from the Administration, accompanied by the certificate referred to in the preceding paragraph.

3. The note will include the registration data in the Administrative Registry and the cause of the inclusion in the same of the estate submitted for forced sale.

4. The note shall be cancelled by virtue of the certification of the cancellation of the seat practiced in the Administrative Registry or by expiration, three years after its date, if no seat has been practiced on the farm concerning the extension of the note or any act corresponding to the forced sale procedure.

Article 88. A marginal statement of the declaration for forced sale.

The final administrative decision declaring the non-compliance with the urban planning duties that led to the inclusion of the estate in the administrative register, with the application of the forced sale regime, will be stated by note in the Land Registry, on the margin of the last registration of domain of the estate. This note will be practiced by virtue of the agreement's literal certification, which must be sent to the Registry of Property by the Acting Administration. The Registrar, simultaneously with the practice of the note, will issue certification of domain and loads of the estate. Likewise, when the administrative decision that has caused the estate to be included in the Administrative Registry, the forcible sale is agreed upon, the Registrar, simultaneously with the practice of the note, shall issue the certification to which it refers this article.

Article 89. Registration of the award under a forced sale scheme.

The enrollment of the award in the forced sale procedure will be subject to the following rules:

1. The title of the contract shall be the administrative certification of the agreement to resolve the contest in favour of the successful tenderer, accompanied by the minutes of occupation, in which it shall be stated:

(a) The payment of the price paid by the successful tenderer to the holders of the domain of the estate or other rights entered before the date of the note referred to in the preceding article, or the entry of the same if, duly cited, they have not appeared in the file. The payment of the amounts to which the Acting Administration is entitled shall also be recorded, according to the applicable urban legislation.

b) The literal specification of the contest conditions. 2. The registration of the farm shall be carried out, free of charge, in favour of the successful tenderer, who shall have the character of the beneficiary.

Article 90. Load cancellation.

At the time when the registration of the forced sale is practiced, all domain registrations and charges registered after the date of the note and the certification referred to in Article 88 shall be automatically cancelled.

Article 91. Acquisition by the Administration.

If the Acting Administration declares the contest to be deserted and the estate is awarded to the Municipal Heritage of the Soil, the registration shall be carried out in its favor, in the terms provided for in the previous articles, it is stated in the same that the estate is subject to the provisions of the urban legislation on the effects of non-compliance with the obligation to build.