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Law 13 / 2015, Of 24 Of June, Of Reform Of The Law Mortgage Approved By Decree Of 8 Of February Of 1946 And Of The Text Consolidated Of The Law Of Land Registry Real Estate, Approved By Royal Decree Legislative 1 / 2004, Of 5 Of March.

Original Language Title: Ley 13/2015, de 24 de junio, de Reforma de la Ley Hipotecaria aprobada por Decreto de 8 de febrero de 1946 y del texto refundido de la Ley de Catastro Inmobiliario, aprobado por Real Decreto Legislativo 1/2004, de 5 de marzo.

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TEXT

FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

The Council of Ministers agreed on 26 October 2012 to set up a Commission for the Reform of Public Administrations, in order to prepare a report with proposals for measures that will give the Administration the size, efficiency and flexibility demanded by the citizens and the economy of the country. On 21 June 2013 the report was received at the Council of Ministers and, by Royal Decree 479/2013 of 21 June 2013, the Office for the Implementation of the Reform in the Administration was set up for the purpose of coordinating the implementation and momentum of the necessary measures, and can also propose new measures.

The field of administrative duplication is wide and it is not difficult to find aspects in which coordination between different public institutions, including the Catastro and the Land Registry, can be improved.

The Registry of Property and the Real Estate Registry are institutions of nature and differentiated competences that, however, fall on the same scope: the real estate. The coordination of existing information in both institutions is essential for better identification of buildings and for the provision of services to citizens and administrations.

This need has been felt since times and numerous have been the attempts made to achieve it. But it is not until the publication of Law 13/1996, of December 30, on fiscal, administrative and social measures, when the first pillars for effective coordination began to be established, introducing the cadastral reference as an element of identification and exchange of information and in incorporating descriptive and graphic cadastral certification as an indispensable requirement for the registration of farms in the Registry. This Law was supplemented in the mortgage field by the publication of Royal Decree 1093/1997, of 4 July, which approved the supplementary rules to the Regulation for the implementation of the Mortgage Law on registration in the Register of the Property of acts of an urban nature. The adoption of Law 48/2002, of 23 December, of the Land Registry, marked a further step forward in the field of collaboration and information exchange, as laid down in the previous legislation, which was recast in the recast text of the Law of the Land Registry, approved by the Royal Legislative Decree 1/2004, of 5 March, currently in force, that established the collaboration of the Catastro with the Registry of the Property in the exercise of their respective functions and competencies, and facilitated the cadastral mapping to be used for identification of the estates in the Land Registry.

Since then, the Registry has referred data of relevance to the Catastro, but to this day there is no connection that allows a two-way exchange of information that allows the necessary coordination between both. There are cases in which, due to the voluntary nature of the registration, to carry out registration or cadastral alteration operations without this communication, or other causes, there are situations of divergence. There is also no coordination procedure that allows for the resolution of discrepancies between the Registry and the Land Registry in the description of the real estate.

II

Taking into account the above background and the proven difficulty of meeting the common objective with the existing procedures, the purpose of this Law is to achieve the desirable and indeferable coordination. Catastrophe-Registration, with the technological elements available today, through a fluid secure exchange of data between both institutions, enhancing the interoperability between them and providing the procedure of a suitable normative framework, and thus of a greater degree of success in the graphic representation of buildings, increasing legal certainty in real estate traffic and simplifying administrative processing.

III

The first effect of the reform will be to promote coordination between the Catastro and the Land Registry. From an economic point of view and from legal certainty it is essential for the Registry to determine as accurately as possible the portion of land on which it projects its effects. For the Catastro it is essential to know and to reflect in cartography all those modifications or alterations recorded that occur on the physical realities of the farms by any fact, business or legal act. This coordination should be carried out through agile procedures but, at the same time, provided with sufficient legal guarantees for the potential affected, through procedures that avoid any situation of defensiveness.

The Law defines when it is understood that there is agreement between the registral estate and the cadastral plot and when it is understood that the coordination is reached, and, at the same time, establishes the ways to leave record and cadastral of the coordination reached, as well as to give publicity of such circumstance.

The reliability of information increases legal certainty. Legal certainty in transmissions is an important added value to property ownership, which will avoid litigation and the costs, both direct and indirect, of any dispute, as well as indirect costs arising from the pendens, giving the real estate market more transparency.

From the point of view of the citizen, in addition to being benefited by the legal certainty referred to above, he will also be benefited by an administrative simplification in his relations with both countries. institutions-the registry and the cadastral-as it will not be necessary, in many cases, to provide information on the description of the properties already presented.

IV

The reform has a global content and reaches the relations between Catastro and Registro and all the procedures in which they exist. This explains the incorporation into the reform of the registration procedures that could affect the physical realities of the farms, such as the ones for the registration of individuals, as well as for the administrations, deslindes, excesses or (a) to be amended as a form of amendment, referred to in Articles 198 et seq. of the Mortgage Act. In this way, it is envisaged, on the one hand, a general regulatory framework for relations, which is set out in Articles 9 and 10, and also a specific one, relating to those that occur within each of the particular procedures.

The modifications introduced in the procedures regulated in Articles 198 to 210 of the Mortgage Law are aimed, on the one hand, at the dejudicialization of the same by eliminating the intervention of the organs The Court of Justice does not have any of the citizens ' rights to the effective judicial protection, which will always be governed by the right of appeal, and, on the other hand, its modernization, especially in the relations that must exist between Notaries and Registrars and in the publicity to be given to them.

In Article 199, the procedure of incorporation of the register of the cadastral graphic representation is regulated, as well as the procedure to enable the interested party to reveal and rectify the cadastral representation if it does not correspond with that of the registral estate; in both cases with safeguard of the rights of the adjoining ones. Article 201 regulates the file for the rectification of the description, surface and line of farms on the basis of which it is set out below for the registration, except for cases where, due to its small entity, it is considered not be required. The inregistration of the farms will be carried out through the domain file that is regulated in a thorough manner without judicial intervention. This file replaces the judicial system governed by the previous article 201 of the Mortgage Law and is characterized by its special concern for the defense of the rights of all the possible affected. It is also appropriate to regulate in a more thorough manner the registration by public title of acquisition of the old Article 205.

Article 206 deals with the registration of the estates of public administrations and public law entities. The disappearance of the possibility that the legislation of 1944-1946 gave the Catholic Church to use the special procedure that regulated that article is remarkable. The authorization for the Catholic Church to use that procedure must be placed in a socio-economic context that is very different from the current one, influenced even by the effects of the Deamortizing Laws-to which the Mortgage Regulation dedicates still four articles-and the subsequent recovery of part of the goods by the Catholic Church, in many cases without an authentic degree. But the progressive disappearance of the historical circumstances to which his inclusion responded, as well as the passage of sufficient time since the reform of the Mortgage Regulation of 1998 that already allowed the inscription of the intended temples the Catholic cult, proscribed until then, united to the current ease and normality, in a developed society, with an exact awareness of the value of the real estate and its registration in the Registry of the Property, which makes it possible to obtain an appropriate qualification for the registration of goods, make it considered that the Use of this special procedure by the Catholic Church, having its reason to be indisputable in the past, is today unnecessary.

In addition, the procedures for unwinding; double or multiple inregistration of farms; the release of charges or charges-with a specific rule for the cancellation of censuses, forums, and other similar charges-are regulated. constituted for an indefinite period, continue to be carried out without known headlines for generations-and the resumption of the successive tract interrupted.

V

Finally, a series of precepts of the recast text of the Law of the Real Catastro are modified in this reform, in addition to the derivatives of the new system of coordination with the Land Registry.

The recent case-law criterion is collected, which considers that land-based land without detailed or detailed development planning should be classified as a real estate of a rustic nature and new criteria for their assessment taking into account their location circumstances. In order to speed up and regulate the change in the classification of these land-based soils, the transitional provisions of the Law are adapted and the simplified procedure for collective valuation is amended, which will also enable it to be adapted further. agility the assessment criteria contained in the Ponences of cadastral values to changes in the urban circumstances of the buildings, without the need to approve new Ponences.

Similarly, the aim is to improve the updating of the cadastral data by simplifying some procedures and extending the scope of the communication procedure to certain alterations in real estate by the Public administrations and fedatarios, lightening administrative burdens on taxpayers.

VI

The norm is structured in two articles, referring the first to the precise reform in the Mortgage Law and the second to the necessary one in the recast text of the Law of the Real Estate Catastro approved by Royal Decree Legislative 1/2004 of 5 March; the rule is completed with five additional provisions, one transitional, one repeal and five final provisions.

Article first. Amendment of the Mortgage Law in its wording approved by Decree of 8 February 1946.

The Mortgage Law, in its wording approved by Decree of 8 February 1946, is amended as follows:

One. Article 9 is worded as follows:

" The real portfolio of each farm will necessarily incorporate the unique registration code. The seats of the Registry shall contain the expression of the circumstances relating to the subject, object and content of the registration rights as they result from the title and the seats of the registry, after qualification of the Registrar. To this end, the registration shall contain the following circumstances:

(a) Description of the farm object of registration, with its detailed physical situation, the data relating to its nature, borders, surface and, in the case of buildings, the expression of the record of the book of the building, unless they were not required for their seniority. Likewise, the cadastral reference of the real estate or real estate that is integrated and the fact of being or not the farm is graphically coordinated with the Catastro in the terms of Article 10.

When accredited, the relevant urban, environmental or administrative rating shall be expressed by note with the expression of the date to which it relates.

(b) Whenever an estate is registered, or operations are carried out for parcels, repair, parcelery concentration, segregation, division, grouping or aggregation, compulsory expropriation or the determination of a reordering of the land, the georeferenced graphic representation of the estate that completes its literary description, expressing itself, if duly accredited, the georeferenced coordinates of its vertices.

In addition, this representation may be incorporated with a potestative character at the time of formalizing any inscribable act, or as a specific registration operation. In both cases the requirements laid down in Article 199 shall apply.

For the incorporation of the graphic representation of the estate to the real portfolio, the descriptive cadastral and graphic certification of the farm must be provided together with the title, except in the case of one of the cases in question. which the law supports another alternative georereferenced graphical representation.

In any case, the alternative graphical representation will have to respect the delimitation of the matrix farm or the perimeter of the set of the farms contributed that results from the cadastral mapping. If the alternative graphical representation will affect part of the cadastral plots, the delimitation of the affected and unaffected parts must be specified, and the set of them will have to respect the delimitation that consists in the cadastral cartography. This graphic representation must comply with the technical requirements that allow its incorporation into the Catastro after the registration operation is practiced.

The graphical representation provided will be subject to incorporation into the real estate of the estate, provided that no doubts are raised by the Registrar about the correspondence between said representation and the registered estate, valuing the Lack of matching, even partial, with other previously incorporated graphical representation, as well as possible invasion of the public domain.

It is understood that there is correspondence between the graphical representation provided and the literary description of the estate when both enclosures relate basically to the same portion of the territory and the differences of place, if There shall be no more than ten per cent of the registered place and do not prevent the perfect identification of the registered farm or its correct differentiation in relation to the adjacent ones.

Once the georereferenced graphical representation of the farm has been entered, its place will be the result of this representation, correcting, if necessary, the one that will be previously recorded in the literary description. The Registrar shall notify the holders of registered rights of the fact that such rectification has been carried out, unless the title or the formalities of Article 199 have already been notified.

For the purposes of assessing the correspondence of the graphical representation provided, in the cases of lack or insufficiency of the documents provided, the Registrar may use, on a purely auxiliary basis, other available graphical representations, which will enable you to ascertain the topographical characteristics of the farm and its polygonal line of delimitation.

All Registrars will have, as an auxiliary qualification element, a single computer application provided and designed by the College of Registrars and integrated into their unique computer system, under the principle of technological neutrality, for the treatment of graphic representations, that allows to relate them to the descriptions of the properties contained in the real portfolio, preventing the invasion of the public domain, as well as the consultation of the limitations to the domain that may be derived from the classification and urban classification, environmental or administrative. This application and its different updates shall be approved by the General Directorate of the Registers and the Notary, in order to establish compliance with the protection and safety requirements appropriate to the quality of the data.

The Registrar of the Property shall not issue more graphic advertising than that resulting from the cadastral graphic representation, without being able to be the object of such advertising the graphic information contained in the said application, in the auxiliary element of the rating. Only in cases where the law admits another graphical representation of the alternative, the latter may be the object of registration until the moment the Registrar notes that the farm has been graphically coordinated with the Catastro. Until then, the fact that the graphic representation by the Catastro has not been validated will be stated in this publicity. It may also be the subject of registration of information from other databases, relating to farms whose graphical representation is or is to be incorporated into the actual portfolio.

(c) The nature, extent and conditions, suspension or resolution, if any, of the right to enrol, and its value when I shall be in the title.

(d) The right on which the object of the registration is constituted.

(e) The natural or legal person to whom the registration is made or, where applicable, the separate patrimony to which that person must be practiced, when the latter is legally liable to be the holder of rights or obligations. The real estate and the real rights of the temporary unions of undertakings shall be entered in the Register of Property provided that the composition of the same and the administration and disposal arrangements are established in accordance with Article 3. on such goods, the registration in favour of the members or members which make up them subject to the system of administration and provision referred to above. Preventive actions may also be carried out in favour of the communities of owners on a horizontal property basis.

At any time, the registered holder may directly urge the Registrar to indicate the circumstances of an address, e-mail address for the purpose of receiving communications and notifications. electronic and telematic related to the registered right. Communications by electronic and telematic means shall be valid provided that there is evidence of the transmission and reception, their dates and the full content of the communications, and is identified in an authentic or authentic manner. sender and the recipient of the same.

f) The person from whom the goods or rights that are to be registered immediately originate.

g) The title that is entered, its date, and the Court, Court, Notary or official who authorizes it.

h) The filing date of the title in the Register and the date of registration.

i) The registration record and the signing of the Registrar, which shall mean the conformity of the registration with the full text of the seat.

The provisions of this Article are without prejudice to the particular provisions of certain inscriptions. "

Two. Article 10 is worded as follows:

" 1. The graphical representation base of the registered farms will be the cadastral mapping, which will be available to the Registry of the Property.

2. In the case of incorporation of the georereferenced graphic representation in accordance with the provisions of Article 9 (b), it shall be provided, together with the title inscribable, descriptive and descriptive cadastral certification of the farm, except that deal with one of the assumptions referred to in paragraph 3 of this Article.

The Registrar will incorporate into the actual portfolio the cadastral graphic representation provided that corresponds to the literary description of the estate in the form set out in the letter b) of the previous article, stating expressly in the seat which at the corresponding date the estate has been graphically coordinated with the Catastro. Likewise, the Registrar will move the registration code of the farms that have been coordinated to the Catastro.

In the event that the correspondence has not been accredited, the Registrar will transfer this circumstance to the Catastro by telematic means, motivating through a report the causes that have prevented the coordination, in order to ensure that, where appropriate, the Catastro initiates the appropriate procedure.

3. Only a complementary or alternative geo-referenced graphical representation may be provided for graphic and descriptive cadastral certification in the following cases:

(a) Procedures of agreement between the Registry of Property and the extraction of Title VI of this Law in which an alternative graphical representation is expressly accepted.

(b) Where the act is an act of division, division, aggregation, aggregation or judicial separation, which shall determine a rearrangement of the land.

In the cases in which an alternative graphical representation has been provided, the Registrar shall transmit the information to the Catastro, in accordance with its regulatory regulations, in order for it to practice the alteration that corresponds.

To practice the alteration, the General Directorate of the Catastro will transfer it to the Registry of the Property, in order for the Registrar to record the corresponding cadastral references, as well as the circumstance of the coordination, and incorporate the cadastral graphic representation into the real portfolio.

4. In all forms of advertising registration there will be express, in addition to the cadastral reference corresponding to the farm, whether or not it is graphically coordinated with the Catastro to a certain date.

5. The graphic coordination with the Catastro and the graphic representation of the estate in the Registry, shall be presumed, in accordance with the provisions of Article 38, that the property subject to the registered rights has the location and delimitation geographical representation expressed in the cadastral graphic representation that has been incorporated into the actual portfolio.

This presumption shall also govern when an alternative graphical representation has been incorporated into the actual portfolio, in the cases where such representation has been previously validated by a public authority, and have six months after the communication of the registration corresponding to the Catastro, without the latter having communicated to the Registry that there are impediments to its technical validation.

6. In order to ensure the exchange of information between the Catastro and the Land Registry, as well as the interoperability between their information systems, by joint resolution of the General Directorate of the Registers and the Notary and of the General Directorate of the Catastro, shall be regulated:

(a) The form, content, deadlines and requirements of the mutual supply of information that is relevant to the fulfilment of the respective functions.

b) The characteristics and functionalities of the information exchange system, as well as the identification and graphical representation of the farms on cadastral mapping.

c) The requirements to be met by the technical description and the alternative graphical representation that is provided to the Land Registry in the legally intended assumptions. "

Three. Article 11 is worded as follows:

" In the registration of contracts in which the price has been mediated or the delivery of cash, it shall be recorded as the result of the title, as well as the manner in which the payment was made or agreed upon, the means of payment being credited. used in the form set out in Articles 21, 254 and 255 of this Law.

The expression of the deferral of payment shall not have any effect on the detriment of the third party, unless the latter is secured by mortgage or the non-payment of the character of an explicit resolutive condition. In both cases, if the deferred price refers to the transmission of two or more farms, the corresponding one shall be determined for each of them.

The provisions of the preceding paragraph shall apply to swaps or awards in payment where one of the parties has to pay the other a difference in money or in kind. "

Four. Article 198 is worded as follows:

" The agreement between the Registry of Property and the physical and legal reality beyond registration may be carried out by any of the following procedures:

1. The inscription of the georereferenced graphic representation of the estate and its coordination with the Catastro.

2. º The landline of the farm.

3. º The rectification of its description.

4. Registration of plantations, buildings, installations and other improvements incorporated into the farm.

5. Inregistration of farms that are not registered in favor of any person.

6. Registration operations on goods of the Public Administrations, by virtue of administrative certification.

7. The Resume of the Successive Tract interrupted.

8 ° The procedure of double or multiple inregistration (multiple) subhealing.

9. º The record of the registration of charges or encumbrances extinguished by prescription, expiration or non-use.

The procedures contained in this Title may be cumulated when their purpose is compatible and the same official shall be responsible for the processing, and must be integrated, if possible, in another case, all the formalities required for each of them.

The dismissal of the promoter's claim in any of the files covered by this Title shall not prevent the opening of a subsequent court process with the same object as that. "

Five. Article 199 is worded as follows:

" 1. The registral of the domain or any real right on the registered estate may complete the literary description of the same accrediting its location and graphic delimitation and, through it, its borders and surface, through the contribution of the corresponding descriptive and graphic cadastral certification.

The Registrar will only incorporate into the real portfolio the cadastral graphic representation after being notified to the registrals of the domain of the estate if they have not started these the procedure, as well as those of the farms The registered registers. The notification shall be made on a personal basis. In the event that one of the persons concerned is unknown, the place of notification is ignored or, after two attempts, the notification is not effective, it shall be done by means of an edict inserted in the "Official Gazette of the State", without prejudice to the use, in any case, the alert system provided for in Article 203 (7). The registered or notified may appear within the next twenty days before the Registrar in order to claim what is right. Where the adjoining farms are divided into horizontal ownership, the notification shall be made to the representative of the community of owners. Notification shall not be required of the registrants of the adjoining farms in the case of flats, premises or other elements on farms divided by horizontal ownership.

The graphical certification provided, together with the act or business whose registration is requested, or as a specific operation, shall be the subject of registration as provided for in Article 9.

The Registrar will refuse the registration of the graphic identification of the farm, if the same match in all or part with another registered graphic base or with the public domain, circumstance that will be communicated to the Administration holder of the property concerned. In other cases, and the view of the allegations made, the Registrar will decide in a reasoned manner according to his prudent criteria, without the mere opposition of those who have not accredited to be a registrant of the farm or of any of the registers. The applicant shall determine the refusal of registration. The negative rating may be used in accordance with the general rules.

If the incorporation of the descriptive and graphic cadastral certification is denied by the possible invasion of the inregistered colindants, the promoter may request the unlinde according to the following article, except that the the registered registrants have given their consent to the rectification requested, either in public document or by appearance in the file itself and ratification before the Registrar, who will leave the documentary evidence of such circumstances, provided that no legal acts or business are not covered duly registered and registered.

In case of a positive rating, the descriptive and graphic cadastral certification will be incorporated into the real portfolio and it will be expressly stated that the farm has been graphically coordinated with the Catastro, a circumstance that notify the same and shall be reflected in the formal advertising which is issued by it.

2. When the holder expressly states that the cadastral description does not correspond to the physical reality of his estate, he must contribute, in addition to the descriptive and graphic cadastral certification, a georeferenced graphic representation alternative.

The Registrar, after processing the procedure according to the previous section, in which in addition must be notified to the affected colindant cadastral holders, will incorporate the graphical representation alternative to the It will inform the Catastro to incorporate the rectification corresponding to the provisions of Article 18 (3) of the recast text of the Law of the Real Estate Registry, approved by Royal Legislative Decree 1/2004, of 5 March.

Practiced the alteration, the Catastro will communicate it to the Registrar, for the purpose of the fact that this one has the circumstance of the coordination and incorporates to the real portfolio the new cadastral graphic representation of the estate.

The alternative graphical representation may only be the object of registration until the time when the Catastro notifies the practice of the cadastral alteration, and the Registrar notes that the farm has been coordinated graphically with the Catastro. "

Six. Article 200 is worded as follows:

" The file for the dislinde of registered farms must be dealt with before Notary is able to act in the notarial district where the farms are located or in any of the notarial districts adjacent to the district. If the farms whose dislint is intended to be located in the territory belonging to different notarial districts, the file may be dealt with Notary skillful to act in the notarial district of any of them or in any of its Adjoining districts.

The file shall be initiated at the request of the registral of the domain, or of being several of them, or of any real right in writing in which the circumstances of the estate that are is intended to be dislocated, such as the adjacent binders, as well as the identifying data of the holders of one and the other, including the cadastrals and their home address where it is known to the sponsor. If the requested disconnection does not refer to the entire perimeter of the farm, the part to be contracted shall be determined.

The eslinde promoter must, in any case, provide the descriptive and descriptive cadastral certification of the farm object of the file and the affected binders, as well as the documents or supporting documents that serve as a basis to your claim. In addition, in case the promoter manifests that the cadastral graphic representation does not match the requested unlinde, it must provide georereferenced graphical representation of the same.

The Notary will communicate the start of the file to all interested parties, who, within 15 days, will be able to make the allegations and present the evidence they estimate. The Notary will transfer the interested parties from all the documentation provided and will summon them, within another thirty days, to an appearance, to seek the agreement between them. It shall also notify the beginning of the file to the Registry of the Property in which the farms are registered, in order to obtain certification of ownership and charges of the same and its affected colleagues, whose owners will have be notified of the file by the Notary, stating the Registrar by note to the margin of the estates the issue of such certification, with indication of the Notary that will process the file and its purpose. The referred marginal note shall be cancelled for expiry two years from its date.

If the agreement is to be achieved, the agreement shall be entered in public deed, in the form set out in the second subparagraph of Article 18 (2) (c) of the recast text of the Law of the Catastro. Real estate. The same will be done if the agreement is partial, with respect to some or some of the boundaries. There is no agreement between the interested parties, the Notary will conclude the file.

If the Registrar, in view of the concurrent circumstances in the file and the contents of the record of the estates in the Register, has reasonable doubts as to the possibility that the agreement of the agreement reached cover a transfer business or mortgage entity modification operations, shall suspend the requested registration, giving reasons for the reasons for such doubts.

The provisions of this article do not apply to the real estate owned by the Public Administrations. In this case, the deslinde will be practiced according to your specific legislation. "

Seven. Article 201 is worded as follows:

" 1. The case for rectifying the description, surface or line of any land register shall be processed according to the rules prevented in Article 203, with the following particularities:

(a) You may be promoted by the registrant of the entire or an undivided quota in the domain, or of any real right, by means of the contribution to the Notary of the record description of the estate and its updated description, ensuring under their responsibility that the differences between the two are solely due to errors described in the Register and not to the conduct of the transfer or in general to any modification, not registered, of the legal status of the the estate registered.

(b) The data subject must also be expressed as to the identity and domicile of the holders of the domain and other real rights on the farm itself and on the colindants, both registrals and cadastrals, providing, in any case, the descriptive and descriptive cadastral certification of the farm or farms that are the subject of the file. In addition, in case the promoter manifests that the cadastral graphic representation does not match the requested rectification, it shall provide georereferenced graphical representation of the same.

(c) The second subparagraph of Article 203 (d) and (e) shall not apply to the file referred to in this Article, as provided for in paragraph (c) of the second rule, and the last subparagraph of Article 203 (6). As regards the third rule, the content of the certifications shall be understood as limited to the rectification whose registration is requested.

(d) In the event that alternative graphical representation has been provided, the Notary shall proceed in accordance with the second subparagraph of Article 18 (2) (c) of the recast text of the Law of the Catastro Real estate.

e) The file set out in the preceding paragraphs may not be processed for the purposes of the description of buildings, estates or components of any building under horizontal division or resulting properties. of administrative file for the reorganization of the property, expropriation or disownership. In such cases, the rectification of the original title or the prior processing of the corresponding administrative procedure shall be necessary.

If the Registrar, in view of the concurrent circumstances in the file and the contents of the record of the estates in the Register, has doubts founded on the possibility that the file of rectification of a description of a transaction or a modification of a mortgage entity, it shall suspend the requested registration, giving reasons for the reasons for such doubts.

2. It may, however, be corrected for the description of any farm, without the need for file processing, in the case of alteration of its qualification or classification, destination, physical characteristics other than the surface or linderings, or data allowing for its proper location or identification, such as the name by which the farm is known or the number or denomination of the street, place or place where it is located, provided that, in all cases, the amendment is credited in a sufficient manner, in the form to be determined by regulation.

3. Nor shall it be necessary to process the rectification file for the finding of differences in the place of the registered estate, in the following cases:

(a) Where the differences of room do not exceed 10% of the registered and are credited by descriptive and graphic cadastral certification, provided that the respective descriptive data is detached match between the parcel object of the certificate and the property entered.

(b) In the case of the rectification of the surface, where the difference claimed does not exceed five per cent of the place recorded.

In both cases it will be necessary for the Registrar, in a reasoned resolution, to have no doubts about the reality of the requested modification, based on the previous verification, with accuracy, of the registered place, in the reiteration of rectifications on the same or in the fact that the estate of acts of modification of mortgage entities, such as segregation, division or aggregation, has been determined with accuracy its surface. The registrator shall notify the registrants of the adjacent farms to the registrant. "

Eight. Article 202 is worded as follows:

" The new plantations and the construction of buildings or settlement of installations, both fixed and removable, of any kind, may be registered in the Register by their description in the titles concerning the building, granted in accordance with the rules applicable for each type of act, in which the planting, building, upgrading or installation is described. In any case, all requirements to be subject to registration shall be met, in accordance with the sectoral legislation applicable in each case.

The portion of land occupied by any building, installation, or planting shall be identified by its geographical reference coordinates.

Except that due to the age of the building it is not required, it must be provided for its file registration of the book of the building, leaving constancy of it in the real estate of the estate. In such a case, in the case of horizontal property buildings, the actual portfolio of each independent element shall include its respective graphical representation, taken from the project incorporated in the book. "

Nine. Article 203 is worded as follows:

" 1. The domain file for the registration of farms that are not registered in the Register of Property in favor of any person will be dealt with subject to the following rules:

First. The file must be dealt with before Notary is able to act in the notarial district where the farm or in any of the notarial districts close to the district. If the farm is located in the territory corresponding to two or more different notarial districts, the file may be processed before a Notary of any of these districts or their respective adjoining districts. A single file may be instructed for several farms provided that they are located in the territory of the same Registry, even if one of them is situated partially in a neighbouring mortgage district, provided that most of its surface area in that Register.

Second. The procedure shall be initiated by written application of the Sunday holder of the estate, in which, together with the literary description of the estate, carried out on the terms prevented by regulation, the personal data must be recorded the sponsor and his registered office for the practice of notifications, together with the following documents:

(a) Title of property of the estate that is intended to be registered, which attribute the domain over the same to the promoter of the file, together with descriptive and descriptive cadastral certification of the plot or cadastral plots, which correspond to the literary description and the graphic delimitation of the farm whose registration is requested, with the expression of the cadastral holders of said plots and their adjacent ones, as well as their respective homes.

b) Relation of the registered, cadastral or any other origin of the data that the promoter has and serve to locate the registered farms and the colindant cadastral plots. In particular, the name and address of their current owners, if they were different from those collected in descriptive and graphic cadastral certifications, as well as the holders of charges or levies on them.

(c) Identification of the rights constituted on the farm, expressing the burdens to which it may be affected or the actions with actual transcendence exercised in relation to it, indicating the names of the holders or actors, their addresses and any other circumstances that help their correct identification, who will be required to, if appropriate, request the registration or annotation omitted, presenting to this end the necessary titles in the Record.

(d) The owners of the property which is intended to be registered and the tenant of the estate must also be identified in the case of housing.

Third. The Notary will raise the record to which it will incorporate the submitted documentation, sending a copy of it to the Registrar of the competent Property requesting the issue of accreditative certification that the farm is not registered in the Register and which, where appropriate, practice preemptively annotation of the claim for registration.

The Registrar, after consulting his archive, both literary and graphic representation on paper or computer, will issue within 15 days certification of the lack of registration of the farm, always you have verified that the following circumstances are present:

a) The correspondence between the description contained in the title of the contributed property and the cadastral certification.

b) The lack of prior registration of the farm in favor of any person.

(c) The absence of reasonable doubt as to the total or partial coincidence of the farm whose registration is requested with another or others that have previously been unregistered.

Otherwise, the Registrar will proceed to extend note of refusal of the requested annotation, sufficiently motivating the causes of the refusal, to which it must accompany, if necessary, the literal certification of the farm or They shall immediately inform the Notary, in order to proceed to the file of the proceedings.

Similarly, if the Registrar has reasonable doubts about the total or partial coincidence of the farm whose registration is intended with another or other public domain that are not registered but which appear collected in the associated territorial information, provided by the Public Administrations, shall notify such circumstance to the competent entity or body, accompanying the descriptive and graphic cadastral certification of the estate that is intended to be inmatriculated, with the the purpose of the submission of the relevant report by the institution within the time limit of a month from the day following receipt of the notification. Should the Administration manifest its opposition to the registration, or do not refer its report within a period of time, the Registrar shall retain doubts as to the existence of a possible invasion of the public domain, shall refuse the annotation requested, notifying their qualification to the Notary to file the proceedings, giving sufficient reasons for the reasons for such refusal, together with certification or transfer of the data from the territorial information used and, where appropriate, literal certification of the farm or farms that it considers to be matched.

Fourth. In another case, the Registrar will practice the requested annotation and send to the Notary, to join the file, the registration certificate, accreditative of the lack of registration of the farm and match of the same with other or others previously inmatriculated.

The annotation, which will only be extended if the initial document and its supporting documents are all the required circumstances, will be valid for ninety days, and may be extended at the request of the Notary or the promoter of the case, up to a maximum of one hundred and eighty days of its date, if, in the case of the Registrar, there is cause to justify it.

Fifth. Having received the communication from the Register of evidence of the extension of the annotation, accompanied by the corresponding certification, the Notary shall notify the pretense of registration, in the form prevented by regulation, to all those who, the list of holders contained in the document, together with the application, are interested as holders of charges, rights or actions which may tax the property which is intended to be registered, to the holder of the goods or their causeholders, if known, to the cadastral holder and the holder of fact of the farm, as well as to the City Council in which the estate is situated and to the administration of the public domain that could be affected, so that they can appear in the file and assert their rights. It will also insert an edict communicating the processing of the registration record in the "Official State Gazette", which will publish it free of charge. The Notary, served the circumstances of the case, may order the publication of the edict in the bulletin board of the City Council, also free of charge. The notification shall include:

(a) The name, address, status, profession, document number or identity code of the sponsor and any other data that may facilitate their identification.

b) The goods described as they result from the cadastral certification of the plot.

(c) The kind of right, charge or action in which the notified person may be interested, according to the sponsor.

(d) The terms in which, without any rights, the public documents may be entered or entered in the same way.

e) Perception of the damages that, from the omission of the inscription or annotation, can be derived.

It shall also notify the application, with a literal expression of the ends referred to in (a) and (b) and in the manner prevented in this Law, the owners of the registrants and the colindants and the holders. of actual rights constituted on them in the addresses which are recorded in the Register and, if different, in any other resulting from the file.

Sixth. Any interested party may make representations to the Notary and provide written evidence of their right within one month.

If opposition is made by any of the interested parties, with the expression of the cause in which it is founded, the Notary will conclude the file and file the proceedings, giving the Registrar immediate account. In that case, the sponsor may lodge a declaration against all those who have opposed it, before the Judge of first instance corresponding to the place in which he radiates the farm. In another case, it will raise the Notary Act by accessing the applicant's claim, in which the cases of the file will be collected, the documents provided, as well as the lack of opposition on the part of any of the possible interested parties, and send a copy to the Registrar to practise, if appropriate, the requested registration.

In case of a positive rating by the Registrar, the Registrar will extend the registration of the right of domain, the effects of which will be rolled back to the date of the seat of initial presentation of the record sent by the Notary to refers to the preceding paragraph. If the procedure has been preempted, the procedure shall be converted into final registration.

The priority of charges or charges, recognized or constituted by the owner or the competent judicial or administrative authority, whose titles have been contributed to the file or have been filed in the Register Before the registration is carried out and qualified favorably by the Registrar, it shall be decided in accordance with the rules on preference established by the civil legislation and in the specific regulations that would be applicable to the attention to the nature of the credit and the charge or charge and, failing that, to the date of the same titles. If they are incompatible and the preference is not expressed, the preference will be taken for each one, until the courts decide which of them should be given preference.

Seventh. The Registrar will order the publication of an edict that reflects the data of the farm or farms that result from the file, as well as its ownership and charges. The edict, notifying all those concerned and the people who are ignored by those who could damage the file, will have to be published free of charge in the "Official State Gazette". The effective publication of the edict shall be recorded by note to the margin of the registration of the domain of the registered estate. An online service, related to the graphical representation application referred to in Article 9, shall also be used for information purposes only to create specific alerts on farms that are affected by the inregistration, dislinde or rectification of space or line.

Eighth. During the period of validity of the seat of presentation, or of the preventive entry, no other registration procedure may be initiated which affects the farm concerned in whole or in part.

Outside the opposition, in the face of the refusal of the preventive annotation or the registration by the Registrar, the interested parties may institute the resources provided for in this Law for the negative rating; (a) the right of the persons concerned to attend the proceedings in question, in defence of their right to the building.

In both cases, the rules on the extension and maintenance of the validity of the seat of presentation prevented for the case of interposition of appeal against the qualification of the Logger.

Outside such cases, provided that an ordinary declarative judgment relating to the domain or any other inscribable right relating to the same estate is found, the file shall be immediately terminated.

2. The holder of a real right imposed on non-registered non-member estates may apply for the registration of that right subject to the following rules:

First. It will present its title in the Land Registry in whose mortgage district the affected farm or farms are located, requesting that preventive annotation be taken for lack of prior registration.

Second. If the annotation is practiced, the Registrar shall require the owner to register his property within twenty days of the order, under the warning that if he does not verify or contest such a claim within that term, The actual right-note will be able to request the registration as set by the third rule.

If the place is ignored for the requirement or after two attempts was not effective, it will be done by an edict inserted in the "Official State Gazette", counting the twenty days from this insertion.

Third. After the deadline of 20 days, the registrant may request the registration of the domain. If you do not have the necessary documents, you will go to the Registrar so that, with the summons of the owner, request from the Notary, Court or administrative dependency where they radiate the files in which they are found, that they send copies or testimony of them and they are hand over to the object. In the absence of documents or when, being these defective, do not choose to remedy them, the interested party may justify the domain of the owner in the form prescribed by this Law.

Fourth. The Registrar will register the domain when asked, in accordance with the above rules, leaving the document, if applicable, the document in which the requirement is made, of which will give the certifications that the interested parties request, and will convert to registration definitive the entry of the real right. If the annotation has expired, the actual right shall be entered, upon further presentation of the title.

Fifth. The Registrar shall terminate the proceedings provided that before the practice of those seats the application is credited to the applicant challenging the claim of the applicant, without prejudice to the precautionary measures which may be agreed by the Judge or Court. "

Ten. Article 204 is worded as follows:

" In addition to the procedure prevented in the previous article and the possibility of registration of the titles provided for in Articles 205 and 206, the registration of farms in the Land Registry may also be obtained the following assumptions:

1. In the case of farms contributed to processing or urban planning files and the registration is sought under the documents in which the application is made to the registration of the farms result.

2. º When it comes to replacement farms resulting from parcelary concentration files.

3. No. When it comes to farms that would have been subject to forced expropriation.

4. º When dealing with public ownership estates resulting from unlinde administrative procedures.

5. By virtue of a judgment expressly ordering the registration, obtained in a declarative procedure, in which all those who, in accordance with the provisions of Article 203, are required to intervene in the file, the other guarantees provided for in that Article being observed.

When new farms created by virtue of the procedures referred to in this precept would not have been previously incorporated into the cadastral parcelary plane with delimitation of the parcels to correspond to them, the Registrar shall transmit by electronic means to the General Directorate of the Catastro copy of the graphic representation provided for the registration the day following that of its presentation in the Registry of the Property. The Catastro shall return to the Registrar the cadastral references of the estates that are the object of the act in question for incorporation into the seat, and the cadastral graphic representation indicating, if necessary, whether the farm is to be understood as coordinated with the cadastral graphic description.

Once the registration has been carried out, the Registrar shall issue the edict referred to in the seventh rule of paragraph 1 of the previous article. "

Once. Article 205 is worded as follows:

" They will be registered, without the need of the prior registration and provided that the same rights are not registered in favor of another person, the public transfers granted by persons who prove to have acquired the property of the estate at least one year prior to such grant also by means of public title, provided that there is identity in the description of the estate contained in both titles to the judgment of the Registrar and, in any case, in the description contained in the inmatriculating title and the descriptive and descriptive cadastral certification must necessarily be contributed to the effect.

The Registrar will have to verify the lack of prior registration of the estate in favor of any person and there will be no doubt founded on the total or partial coincidence of the estate whose registration is intended with another u other previously unenrolled.

If the Registrar has reasonable doubts about the total or partial coincidence of the farm whose registration is intended with other or other public domain names that are not registered but which appear in the information the associated territorial information provided by the Public Administrations, shall notify such circumstance to the competent entity or body, accompanying the descriptive and graphic cadastral certification of the estate that is intended to be inmatriculated in order to, by that entity, the report is referred to, within a period of one month to be counted from the day following receipt of the notification.

If the Administration expressed its opposition to the registration or did not submit its report within a period of time, the Registrar would retain doubts about the existence of a possible invasion of the public domain, Intended registration.

In the event of a positive rating by the Registrar, the Registrar will proceed to extend the registration of the right of domain, notify the inregistration, in the form prevented, of the fact holder, to the holders of charges, rights or shares which may tax the farm and are known to the owners of the registered land and cadastral farms in the homes which are found in the Register and, if different, in any other than result from the documents provided, as well as to the Town Hall in which the estate is located. It shall also order the publication of the edict and use the online service for the creation of specific alerts referred to in Article 203 (1), seventh rule. "

Twelve. Article 206 is worded as follows:

" 1. Public Administrations and entities governed by public law with their own legal personality linked to or dependent on any of those entities may not register the assets of their ownership by the provision of their written title of domain, when they have the, together with the administrative certification provided, prior to the favorable report of their legal services, by the official to whose office the administration of the same is found, accreditative of the act, business or mode of their acquisition and date of the agreement of the competent body for inclusion in the inventory or, if not, the date of the approval agreement of the last update of the inventory resulting from the inclusion of the building subject to the certification with an indication of the reference or indicator assigned to it in the as well as its description, patrimonial or demanial nature and its destination in the first case or its eventual affectation, attachment or reservation, in the second case.

Likewise, the entities concerned must provide descriptive and graphic cadastral certification of the plot or cadastral plots, corresponding to the literary description and the geographical delimitation of the farm whose Registration is requested in the form set out in Article 9 (b). Only if the farm is certified as a descriptive and graphic cadastral certificate, an alternative georereferenced graphical representation may be provided, which must correspond to the literary description made and respect the delimitation of the cadastral and register binders. The alternative graphical representation must be accompanied by a report from the Catastro.

2. In any case, it will be necessary for the Registrar to check the lack of prior registration of all or part of the building. If the existence of registered farms coincides in whole or in part, it shall refuse the registration requested, after issuing certification of the said estates, which it shall forward to the body concerned together with the qualification.

3. In the case of registration, the Registrar shall issue the edict referred to in Article 203 (1), seventh rule, with the same scheme as provided for, including the alert system.

4. In addition to the ordinary registration procedure, in the case of holdings owned by any of the entities referred to in paragraph 1, the resumption of the following shall be obtained through administrative certification, issued with the requirements set out in this Article, which shall terminate the procedure laid down in Article 37 (3) of Law 33/2003 of 3 November of the Heritage of Public Administrations.

5. In addition, by means of an administrative certification of the act in which it is available, it may be carried out on the assets held by the public authorities and public law entities referred to in paragraph 1 of this Article. registration, division, aggregation, segregation, declaration of new work, horizontal division, establishment of real estate assemblies, description or cancellation, provided that such acts do not affect third parties have not been mentioned in the file, the requirements laid down by the sectoral legislation and the cadastral graphic representation of the farm or alternative representation is provided in the terms provided for in Article 10. "

Thirteen. Article 207 is worded as follows:

" If the inregistration of the farm has been carried out in accordance with the provisions of Article 204 (1), (2), (3) and (4), Article 205 and Article 206, the protective effects provided for in Article 34 of the This Law shall not be produced until two years after its date. This limitation shall be expressly stated in the registration record, and in any form of registration during the validity of such limitation. "

Fourteen. Article 208 is worded as follows:

" The resumption of the interrupted successive tract will be carried out in case processed according to the following rules:

First. The interruption of the following shall not be understood to mean that the person in whose favour the registration is to be applied has acquired his right directly from the registrant or his heirs. In such a case, the registration may only be applied by the filing of the document in which the acquisition, declaration or constitution of the right, which is the subject of the requested registration, would have been formalised.

Second. The processing shall be accommodated as provided for in Article 203, with the following specialties:

1. The file shall be initiated by writing in which, together with the description of the estate, the last registration of the domain shall be expressed and all the others that are in force, whatever their class, and to which they shall be the documents prevented in point (a) of the second subparagraph of paragraph 1 of that Article shall be accompanied.

2. It shall be provided by the person concerned, together with the documents certifying his acquisition, those other than those of which he has been required to justify the acquisition of the intermediate holders of which he or she brings cause and any other others that you consider appropriate to justify your request.

3. Together with the interested parties referred to in the fifth rule of Article 203 (1), it must be mentioned in any case who appears, according to the last registration in force, as holder of the domain or royal right whose tract interrupted is intended to be resumed or, if it consists of the death of the latter, his heirs, and the promoter must prove such an extreme and the condition and identity of the latter.

4. When the last registration of the domain or the actual right whose tract is intended to be resumed is less than thirty years old, the summons to the registrant or his heirs must be carried out in a personal manner.

The same rule shall be observed if, in spite of being more than thirty years old, any other seat relating to any title granted by the Member State may have been carried out within that period. registral or his heirs.

Third. If the above mentioned and so agreed unanimously by virtue of the minutes signed by the Notary together with all the interested parties, the registration of the title of the applicant shall be extended, if appropriate.

Fourth. If any of the above does not appear or appear to be opposed, the Notary shall terminate the proceedings, stating that in the minutes that the proceedings are brought to an end with the expression of the cause in which it is founded. In such a case, the sponsor may lodge a declarative judgment against all those who have not appeared or have been opposed, before the Judge of first instance in the place where they radiate the farm.

Fifth. They shall not prejudice the holder of good faith in whose favour the inscriptions resulting from the file referred to in this Article have been carried out, whatever the nature of the title in which it is founded, the titles of domain or other (a) the actual rights of the applicant who have not been entered in the Register in advance. '

Fifteen. Article 209 is worded as follows:

" 1. The sub-healing of the double or, in general, multiple unmatriculation of a single farm or part of it in different registers will take place through a file that will be dealt with subject to the following rules:

First. The Registrar of the mortgage district in which the property is radiolabelled is competent for processing and resolution. If the area of the farm is extended over the territory of two or more Registers, the competition will be determined by the oldest registration record, and if all are of the same date, it will be up to the Registrar of the district where the greater part of the area of the farm.

Second. The file shall be initiated ex officio by the Registrar, or at the request of the registrant of any right registered in any of the different records of the records, in which they must be recorded, in the terms prevented regulentarily, the personal data of the applicant and an address for the practice of notifications.

Third. If the Registrar, once the relevant investigations have been carried out in his/her own file, including the examination of the graphic representations of which he/she has, and collected the relevant data of the Real Estate, will appreciate the coincidence of the (i) the possibility of double registration, in whole or in part, shall notify the holders of the rights attached to each of the registered farms or their successors in title, if they are known, in the form of prevention in this Law, leaving it on record by way of note to the margin of the last extended domain enrollment in the folio of each of the matching histories.

Fourth. When the domain over the farm appears inscribed in the different registers in favour of the same person, if the same were free of charge or were exactly the same and were registered following the same order, that no harm to third parties may occur, the contradiction shall be saved with the consent of the persons concerned, practicing at the end of the record the most recent record a seat of closure or cancellation of the same, making reference to this done, by timely note to the margin in the oldest history.

Fifth. If the holders of the domain or of the registered charges are different or where they do not keep the same order, the Registrar shall summon the persons concerned in order to obtain the agreement to determine the entitlements to be placed on the farm and the registration ranking among them.

Sixth. If all of them appear and unanimously agree to the rectifications which, in their opinion, must be carried out, the Registrar, whenever he considers legally from the operations so agreed, will record the agreement, which he will sign with the interested parties, and proceed to cancel the history of the most modern registral estate and, if necessary, rectify the oldest one, in the agreed form.

Seventh. If any of the interested parties do not appear or appear to be opposed at any stage of the proceedings, the Registrar shall terminate the file, making documentary evidence of such an extreme and also by note on the margin of the last domain enrollment practiced on each of the matching actual foles.

In such a case, the promoter of the file may file a declaratory lawsuit against those who have not appeared or have filed opposition before the Judge of first instance for the place in which the farm.

Outside of the opposition, in the face of the refusal of the confirmation of the double registration by the Registrar, the interested parties may institute the resources provided for in this Law for the negative rating; (a) the right of the persons concerned to attend the proceedings in question, in defence of their right to the building.

Eighth. The marginal notes of double registration applied in the folios of the affected farms shall expire six months after their date, unless within that period the preventive annotation is carried out, as a result of the presentation in the Register of the application lodged in the relevant court proceedings.

In all cases, they shall apply to the seat of filing and, where appropriate, to the preempted entry into the rules on the extension or maintenance of the duration prevented in the case of an interposition of appeal against the qualification of the Registrar.

Ninth. In all other cases, provided that an ordinary declarative judgment relating to the domain or any other registered right relating to the same estate is held, the file shall be immediately terminated.

2. The provisions of this Article shall be without prejudice to the provisions of Article 37 (4) of Law 33/2003 of 3 November 2003 on the Heritage of Public Administrations and other relevant provisions. "

Sixteen. Article 210 is worded as follows:

" 1. The registrant of any right that is registered under registration with charges or rights that have been legally extinguished by prescription, expiration or non-use may request the cancellation of the same, through file for the release of charges and charges, dealt with subject to the following rules:

First. The Registrar of the Property of the district in which the farm or the majority of its area is located shall be competent for the processing and resolution of the file, in cases where the estate belongs to two or more districts.

Second. The procedure shall be initiated by application of the registrant of the taxed duty or of any of them, if several, in which the applicant shall identify the farm and the right or charge the extinction of which is claimed and its holders register, and declare expressly, under its responsibility, that the period of limitation, expiration or non-use of the law for the extinction of the same right, as well as the lack of interruption or suspension of that period, have elapsed.

Third. In writing, the Registrar shall personally cite the registrants of the charges whose extinction is requested or their successors in title, if known, in the form prevented in this Law.

Fourth. Within 15 days of the notification or, in the absence thereof, from the publication of the corresponding edict in the "Official Gazette of the State", the registral of the charge or charge may appear, opposing the request. The owners of the registral may also be opposed, provided that they submit their acquisition title at the time of the registration, obtaining the registration of the same within the term of validity of the filing seat. corresponding.

If the above mentioned and consented to the cancellations requested, they will be practiced, if they were obtained.

Fifth. If any of the interested parties do not appear or appear to be opposed at any stage of the proceedings, the Registrar shall decide to terminate the file, while making documentary evidence of that end by means of minutes. to the reserved parties the action to be taken by the Courts to decide on the extinction and cancellation of the charge or charge in the relevant procedure.

Sixth. Outside the alleged opposition, in the face of the Registrar's refusal of the promoter's request, the interested parties may institute the resources provided for in this Law for the negative rating.

They will apply, whatever the procedure initiated, the rules prevented in the Mortgage Act for the extension of the filing seat.

Seventh. In all other cases, provided that an ordinary declarative judgment relating to the domain or any other registered right relating to the same estate is held, the file shall be immediately terminated.

Eighth. By way of derogation from the above paragraphs, entries relating to option rights, conventional retracts and non-compliance may be cancelled directly, at the request of any person concerned and without the need for the processing of the file. any other rights or powers of legal configuration, where five years have elapsed since the day on which the term in which, according to the Registry, they were able to be exercised, provided that there is no preventive or other Seat indicating the exercise of the right, as amended by the title or the complaint judicial about their compliance.

Mortgage registrations, settlement conditions and any other forms of collateral with real effects, where the date on which the full payment of the guaranteed obligation was due is not recorded in the Register, may also be cancelled at the request of any person concerned when 20 years have elapsed since the date of the last seat on which the claim for the guaranteed obligation is lodged or, failing that, forty years from the last seat concerning the ownership of the guarantee itself.

Similarly, at the request of a person with a legitimate interest, the seats relating to censuses, forums and other charges of a similar nature, established for an indefinite period, may be cancelled when sixty-six seats have elapsed. years from the extent of the last seat relative to them.

2. For the cancellation of a seat relating to a registered administrative concession, it shall be sufficient for the presentation to the Registry of the Certification Property issued by the Public Administration of the building in which it is accredit the extinction of such concession. "

Article 2. Amendment of the recast text of the Law of the Land Registry, approved by Royal Legislative Decree 1/2004, of 5 March.

The recast text of the Law of the Land Registry, approved by the Royal Legislative Decree 1/2004 of 5 March, is amended in the following terms:

One. Article 3 (1) is amended as follows:

" 1. The cadastral description of the real estate shall include its physical, economic and legal characteristics, including the location and the cadastral reference, the surface, the use or destination, the crop class or use, the quality of the constructions, the graphic representation, the cadastral value and the cadastral holder, with their tax identification number or, where appropriate, the number of foreign identity. Where the buildings are coordinated with the Land Registry, that circumstance shall be incorporated together with their registration code. "

Two. Article 5 (2) is amended as follows:

" 2. In each municipality, an expert board may be set up to intervene, as an advisory, support and collaboration body, in the processing of the cadastral procedures affecting rustic real estate. The composition and functions of the expert boards shall be regulated. "

Three. Article 6 (2), which is worded as follows, is amended as follows:

" 2. They will also have the consideration of real estate:

(a) The different private elements which are capable of independent use, subject to the special horizontal property regime, as well as the whole set up by different private elements (a) to be linked to and acquired in unit of act and, under the conditions governing the conditions governing the establishment, storage and parking spaces in pro indiviso attached to the exclusive and permanent use and enjoyment of a holder. The attribution of the elements common to the respective buildings, to the sole effects of their cadastral valuation, shall be carried out in a manner that is determined to be regulated.

(b) The meaning of Article 8 of this Law.

(c) The spatial scope of a surface right and that of an administrative concession on immovable property or on public services to which it is concerned, unless the assumptions provided for in the letters are given above. "

Four. Article 7 (2) (b) is amended as follows:

" (b) Land which has the consideration of urbanizables or those for which the approved territorial and urban planning instruments provide for or allow their passage to the situation of urbanised soil, provided that they include in sectors or spatial areas demarcated and the detailed or detailed planning determinations have been established for them, in accordance with the applicable urban legislation. "

Five. Article 9 is amended as follows:

" Article 9. Cadastral headlines and representation.

1. The natural and legal persons who are discharged from the Real Estate Register for the purposes of holding, over all or part of an immovable property, the ownership of any of the following rights:

a) Right of full or less full ownership.

b) Administrative assignment on the immovable property or on the public services to which it is affected.

c) Actual surface law.

d) Actual law of usufruct.

2. Where the full ownership of an immovable property or one of the limited rights referred to in the previous paragraph belongs to a plurality of persons, the cadastral title shall be attributed to the community constituted by all of them, which shall be entered under the name resulting from its tax identification or, failing that, in a sufficiently descriptive manner. They shall also have the consideration of cadastral holders each of the members, members or members of the aforementioned entities, for their respective shares.

3. Where one of the rights referred to in paragraph 1 is common to the two spouses, in accordance with the provisions or covenants of the corresponding matrimonial property regime, the cadastral title shall correspond to both and shall be attributed in half of each of them, unless another share of the share is justified.

4. In the event of a discrepancy between the cadastral holder and the corresponding right according to the Land Registry on farms with respect to which the cadastral reference is recorded in that register, it shall be taken into account, for the purposes of the Catastro, the ownership resulting from that, except that the date of the document for which the incorporation into the Catastro occurs is later than the date of the title entered in the Registry of the Property.

5. For the purposes of their relations with the Catastro, the cadastral holders shall be governed by the following rules:

(a) When several cadastral holders are present in the same building, they must appoint a representative. In the absence of an express designation, it shall be deemed to be such as to the condition of the taxpayer in the Real Estate Tax or, if it existed, preferably to the taxpayer's replacement. If a plurality of holders are present in this condition, the representation shall be on any of the members, members or members.

(b) Where the cadastral ownership of the immovable property corresponds to the two spouses, the representation shall be presumed to be granted without distinction to any of them, unless there is any express demonstration to the contrary.

(c) In the other cases, or where there is an entity without a personality, the representation shall be governed by the provisions of Law 58/2003 of 17 December, General Tax.

The provisions of this paragraph shall be without prejudice to the right of the represented to be informed at all times of the actions taken in relation to the building, as well as of the resolutions that may be be adopted. "

Six. A new paragraph 3 is added to Article 11, which is worded as follows:

" 3. In the case of farms which have been the subject of coordination under mortgage legislation, account shall be taken, for the purposes of the Catastro, of the coordinated graphic description, unless the date of the document for which the entry is made Cadastro is later than that of coordination. "

Seven. Article 13 is amended, which is worded as follows:

" 1. Statements are the documents by which it is stated or recognized before the Real Estate Registry that the determining circumstances of a high, low or modification of the cadastral description of the buildings have occurred. The declarations shall be made in the form, deadlines, models and conditions to be determined by the Ministry of Finance and Public Administrations.

2. The holders of the rights referred to in Article 9 are subject to the obligation to formalize the statements leading to the incorporation into the Real Estate of the buildings and their alterations, except in the cases of (i) communication provided for in this They are also obliged to collaborate with the Real Estate Catastro by providing them with information that is accurate for their management, either in a general manner, or at the request of the competent bodies of the person in accordance with the regulations. established. Where several are required to declare the same act, act or business, fulfilled the obligation by one, they shall be understood to be fulfilled by all. "

Eight. Article 14 (a) and (d) are amended and a new point (e) is added, as follows:

" (a) The information that the notaries and registrars of the property must submit in accordance with the provisions of Article 36, as soon as they relate to documents by them authorized or registered whose contents suppose the acquisition or the consolidation of the property, or the acquisition or incorporation of the rights of usufruct, surface or administrative concession, whether they relate to the whole of the building or to an undivided quota of the same previously incorporated in the Catastro, provided that the interested parties have provided the cadastral reference in the terms refers to Title V and is formalized in public deed or is requested to be entered in the Land Registry.

The information to be sent by notaries referring to the segregation, division, aggregation or grouping of immovable property shall also be communicated, provided that the actions provided for in paragraph 2 of the Article 47, record the cadastral reference of the affected buildings, there is correspondence between the real estate object of said performances and the description that is contained in the Catastro and that the plane is brought, represented on the cartography cadastral, which allows identification of these alterations. "

" (d) The information with cadastral transcendence to be sent by the State Agency of Tax Administration to the Catastro, in the cases and conditions that are determined to be regulated, of which it has knowledge through the procedures for the application of the taxes, which permits the completion of the ownership of the buildings registered in the Catastro with the non-registered participation fees of the spouse and community members, members or members of the communities; entities without personality, as well as that referred to the identifying data, tax domicile and the place of habitual residence of the cadastral holders, irrespective of the date of completion of the relevant legal acts, acts or business.

e) Information with cadastral transcendence to be submitted by the Ministry of Agriculture, Food and the Environment, regarding changes in crops or uses of rustic real estate, of which knowledge on the basis of requests for aid from the Common Agricultural Policy. "

Nine. Article 15 is amended, which is worded as follows:

" Article 15. Procedure for incorporation by application.

You may make a request for a discharge in the Real Estate Registry, which shall be accompanied by the appropriate supporting documentation, who, appearing as a cadastral holder, shall have ceased the right that originated such ownership. "

Ten. Article 16 (2) (e) and (f) are amended, which are worded as follows:

" (e) The constitution, modification or acquisition of the ownership of an administrative concession and the actual rights of usufruct and surface.

(f) Changes in the share of the share corresponding to each of the spouses in the common real estate, as well as in the internal composition and in the share of each of the members of the community, members and participants in the case of a number of holders or of the existence of the entities without personality referred to in Article 9. '

Once. Points (c) and (d) of paragraph 2 and paragraph 3 are amended and a new paragraph 4 is added to Article 18, in the following terms:

" (c) If the licensors demonstrate the existence of a discrepancy between the physical reality and the cadastral certification, the notary will request its accreditation by any means of proof admitted in law. Where the notary has sufficiently established the existence of the discrepancy, he shall notify the holders of the discrepancy referred to in Article 9 (4) which, in his capacity as colindants, may be affected by the discrepancy. rectification, so that within twenty days they may be able to rely on what is right for them. If no opposition to it is expressed, the notary shall incorporate the new description of the immovable property in the same public document or another subsequent authorised to the effect in the form set out in point (b) above.

The notary will inform the General Directorate of the Catastro on the rectification made, by telematic means, within the maximum period of five days from the formalization of the public document. Once it is technically validated by the aforementioned Directorate General the rectification declared, the corresponding alteration in the Catastro will be incorporated. In the cases in which the plane is contributed, represented on the cadastral mapping, the alteration will be carried out within five days from its knowledge by the Catastro, so that the notary can incorporate in the public document the descriptive and graphic cadastral certification of affected buildings reflecting their new description.

(d) In the cases where one of the interested parties expresses his opposition to the remedy of the discrepancy or when the discrepancy is not duly accredited, the notary shall leave it on record in the public document and, telematic means, shall inform the General Directorate of the Registry of its existence so that, where appropriate, the appropriate procedure is initiated. "

" 3. The General Directorate of the Catastro may automatically rectify the information contained in the cadastral database when the rectification is derived from one of the procedures of coordination with the Registry of the Property to which the Article 10 of the Mortgage Law, in which other means other than the cadastral mapping for the graphic description of the farms have been used.

To this effect, once the corresponding procedure has been processed in accordance with the mortgage regulations, the Registrar will inform the General Directorate of the Catastro on the rectification made, by electronic means and in the maximum period of five days from registration. Once technically validated by the aforementioned Directorate General, the corresponding rectification in the Catastro will be incorporated. The General Directorate of the Catastro will communicate the incorporation to the Registry of the Property along with the updated descriptive and graphic certification, in order for it to record the circumstance of the coordination and to incorporate the new graphic representation of the same.

Through this procedure, you will not proceed to incorporate any cadastral alterations that must be the subject of any of the communication procedures provided for in Article 14.

4. The General Directorate of the Catastro may automatically rectify the information contained in the cadastral database as soon as it is necessary to make surface corrections within the margin of technical tolerance that is defined in regulation, as well as to reflect changes in the postal identifiers or in the mapping, or when other operations of a general nature are carried out, legally intended, that aim to maintain the appropriate agreement between the Catastro and the real estate.

When the operation of a general character consists in the rectification of the description of the buildings to be carried out on the basis of adjustments to the official basic cartography or to the orthotphotographs inscribed in the Central Register Cartography, will be announced in the electronic headquarters of the General Directorate of the Catastro the beginning of the procedure of rectification by cartographic adjustments in the affected municipalities and calendar of performances. After that notice, a period of public exposure shall be opened at the City Hall where the buildings are located for a minimum of 15 days and the subsequent opening of the period of claims during the following month. When, as a result of these actions, rectifications are produced that exceed ten percent of the surface of the buildings, the resolution approving the new cadastral characteristics, which will have effectiveness the day The notice referred to in paragraph 1 shall be notified to the persons concerned in accordance with the provisions of Article 29, and the notice provided for in paragraph 1 of that Article shall not be required. '

Twelve. Article 24 is amended as follows:

" 1. The determination of the cadastral value, except in the cases referred to in points (c), (d), (g) and (h) of Article 30 (2), shall be carried out by the application of the corresponding value presentation.

2. Any incorporation or modification in the Real Estate Catastro practiced by virtue of the procedures provided for in this Law, will include, where necessary, the individualized determination of the cadastral value of the affected property in accordance with its new features. This cadastral value shall be determined by applying the value of the value in the municipality in the first exercise of effectiveness of the incorporation or modification of the Catastro or, where appropriate, by the application of the modules established for the financial year in question for the processing of the simplified collective valuation procedure.

The provisions of the preceding paragraph are without prejudice to the application of subsequent values or modules affecting the building and the updating coefficients established by the successive laws of general budget of the State. "

Thirteen. Article 26 (2) (b) is amended, which is worded as follows:

" (b) Parcial, when circumscribing to the buildings of the same class of one or more zones, discontinuous polygons or estates, or to buildings with constructive characteristics that require their singularized valuation of an agreement with what is determined to be regulated. "

Fourteen. Article 27 (3) is amended as follows:

" 3. The approval agreements of the securities papers shall be published by edict at the electronic headquarters of the General Directorate of the Catastro.

The publication of such agreements, which will indicate in any case the place and time limit for the exposure to the public of the papers to which they relate, shall be made before 1 July of the year in which they are adopted, in the case of securities totals, and before 1 October, in the case of partial and special values. "

Fifteen. Article 29 (1) is amended, which is worded as follows:

" 1. Collective valuation procedures of a general and partial nature shall be initiated with the approval of the corresponding securities presentation, except in the case of a partial national securities paper which is limited to Urban or rustic buildings with constructive characteristics that require their singularity assessment.

The individualised cadastral values resulting from these procedures may be notified to the cadastral holders by electronic notification, by appearance or by personal and direct notification. non-electronic means. In the case of immovable property corresponding to the same cadastral holder, such individual securities may be grouped together in one or more notifications, where the reasons for efficiency advise and are technically possible.

The notification procedure will be initiated by the publication of an announcement in the electronic headquarters of the General Directorate of the Catastro. "

Sixteen. Article 30 is amended as follows:

" 1. The simplified procedure shall be initiated by means of an agreement to be published by edict in the electronic headquarters of the General Directorate of the Catastro and shall not require the preparation of a new paper of values.

2. This procedure will be governed by the following rules:

(a) When it is due to a modification of planning that will vary the urban development of the real estate, maintaining the previously established uses, the new cadastral values of the farms will be determined affected by the application of the value collected for those uses in the presentation in force according to the urban parameters mentioned.

(b) When it is due to a modification of planning that varies the use of the real estate, those goods shall be valued by taking as the value of the floor the minimum corresponding to their new use, of those provided for in the polygon the value of the presentation in force in which they are located or, in the absence thereof, the minimum for such use of those included in the presentation. This assessment must in any event respect the criteria for the coordination of the municipality's values.

(c) Where, for the purpose of the modification or development of the planning, the soils acquire the consideration of land of an urban nature in accordance with Article 7 (2) (b), they may be valued by the application of the specific modules for the various uses to be established on the order of the Minister of Finance and Public Administrations.

(d) The valuation procedure provided for in the preceding paragraph may be applied where, in the soils referred to in Article 7 (2) (b), the values which were the basis for the determination of their values castrals do not correspond to the specific modules set out in that order.

(e) Where, for the purpose of the modification or approval of the planning, the soils acquire the consideration of land of an urban nature in accordance with the provisions of Article 7 (2) (a), they may be The value of the property is the minimum of those provided for in the presentation in force for the use in question, without prejudice to the consideration, if any, of the urbanization pending. This assessment must in any event respect the criteria for the coordination of the municipality's values.

(f) From the time of approval of the relevant project of repair or other urban management instrument, the resulting parcels located in the soils referred to in Article 7 (2) (b), they may be assessed by taking as a soil value the corresponding to their new development status and in accordance with the criteria of the preceding paragraph.

g) Where, on the grounds of the cancellation or modification of the planning, the land of the buildings loses the consideration of land of an urban nature, not being included in the cases referred to in points (c), (d), (e) and (f) of the Article 7 (2), may be regarded as rustic immovable property, taking into account, where appropriate, its location.

(h) When, for the approval or modification of instruments of spatial and urban planning, soils are classified as urbanizables, or their passage to the situation of urbanized land is foreseen or allowed to be included in (a) sectors or spatial areas defined, and as long as they do not have detailed or detailed planning determinations, the rural buildings concerned shall be assessed in the light of their location.

3. Acts dictated as a result of the procedures laid down in this Article shall be notified to the persons concerned in accordance with Article 17 and shall be effective, irrespective of the time when the notification of its decision, on 1 January of the year following the year in which the approval, modification or cancellation of the planning or urban management instrument for which it is brought has taken place, except in the case referred to in paragraph 1. (d) of the previous paragraph, which shall be effective on 1 January of the year in which the proceedings are initiated.

In any case, the maximum period for the notification of the express resolution shall be six months from the date of publication of the commencement agreement. Failure to comply with the maximum period of notification shall determine the expiry of the procedure in respect of the buildings affected by the non-compliance without this entailing the expiry of the procedure or the ineffectiveness of the proceedings in respect of those duly notified. "

seventeen. Article 36 (2) is amended as follows:

" 2. Public authorities and other public bodies, public authorities and those who, in general, exercise public functions, will be obliged to supply the Land Registry with the terms provided for in Article 94 of Law 58/2003 of 17 May 2003. December, General Tax, any data or background relevant to its formation and maintenance are collected by the latter, either by means of a general arrangement or through specific requirements. To this end, they shall provide free access to such information on the terms which have just been indicated, by means of telematic means.

In particular, local authorities and other current administrations must supply the General Directorate of the Catastro, in the terms that they regulate, to be determined, that information that is important for the Catastro Inmobiliario relating to the management and tax management of the Property Tax, as well as planning and urban management, parcelary mergers, administrative disorders and forced expropriation. The competent public authorities must also forward to the General Directorate of the Catastro the information obtained on the occasion of the management of agricultural aid on the rustic real estate which magazine for the Catastro Real estate. "

Eighteen. Article 53 (1) (b) is amended as follows:

" (b) For the identification and description of the farms, as well as for the knowledge of the cadastral alterations related to the documents that they authorize or the rights that they enrol or for which their grant or registration, by the notaries and registrars of the property, in accordance with what is established in this Law and in the mortgage legislation. The notaries may also have access to the cadastral agreements resulting from such alterations for their delivery, if any, to the interested parties. "

nineteen. The fourth additional provision is amended, which is worded as follows:

" Additional provision fourth. Assessment of the essential constructions for the development of agricultural, livestock or forestry holdings located on rustic soil.

In those municipalities where a collective valuation procedure has not been carried out in a general manner after 1 January 2006, on the basis of the publication of the decision referred to in paragraph 2 of the third additional provision, a new cadastral value will be determined for those real estate which, according to the regulations prior to Law 48/2002, of 23 December, of the Land Registry, have a rustic nature and have buildings which are essential for the development of agricultural holdings, livestock farming or foresters.

These values, as long as the new rules for the valuation of rustic buildings are not adopted, will be obtained by the application of the rules contained in the first transitional provision, referring to the values in force in the municipality.

The values shall be effective on the 1st of January following that in which the above resolution is published, regardless of the date on which they are notified. "

Twenty. New wording is given to paragraphs 1 and 2 of the first transitional provision, which are worded as follows:

" 1. The classification of rural and urban real estate established by this Law shall apply from the first collective valuation procedure of a general nature to be carried out after 1 January 2003, until that moment the properties that appear or are discharged in the Catastro the nature that would correspond to them according to the regulations before Law 48/2002, of December 23, of the Real Estate, without prejudice to the provisions in the provision transient seventh.

By way of derogation from the preceding paragraph, buildings located on rustic soil which are not indispensable for the development of agricultural, livestock or forestry holdings shall maintain their urban nature. until 1 January 2006, a collective valuation procedure of a general nature, irrespective of the type of buildings to which it relates, or of a partial nature which expressly includes them.

In these cases, a new cadastral value will be determined simultaneously for all those buildings that have a construction on land of a rustic nature, with the exception of those whose value has been determined the provisions of the fourth provision of this Law. These values, as long as the new regulatory rules for the valuation of rustic buildings are not adopted, will be obtained by the application of the following rules:

(a) The land value of the area occupied by the buildings shall be determined by application of the specific modules approved by the Order of the Minister of Finance and Public Administrations.

b) The value of the construction will be obtained by applying identical rules to those that are determined for obtaining the value of the constructions of the urban real estate in the ponence of values of which it brings cause collective valuation procedure.

c) The cadastral value of the property shall result from the sum of two components, the first of which shall be calculated by the sum of the values resulting from the preceding rules affected by the reference coefficient to the the market in force for urban buildings, and the second shall be constituted, where appropriate, by the current land-land value of the building not occupied by buildings.

In the absence of a specific rule, the procedure for determining the cadastral value and the liquidable basis of the Real Estate Tax of the rustic buildings referred to in this paragraph shall apply to the own-regulation of the collective valuation procedure of a general or partial nature, in particular as regards competition for the determination of the cadastral value and the liquidable basis, for the conduct of the hearing procedure, notification and effectiveness of the cadastral values and liquidable bases and the challenge of the acts that are dictated.

In the municipalities where the collective valuation procedure referred to in this paragraph is carried out and until such time as the regulatory development takes effect, the same rules apply to the valuation of the the variations that the constructions experience on rustic soil, as well as the new constructions that on it are raised.

2. The real estate of special characteristics which, at the entry into force of Law 48/2002, of December 23, of the Real Estate Catastro, will be found in the Catastro Inmobiliario according to its previous nature, will maintain, until the entry into force of the new values resulting from the special ponences to be approved before 31 December 2007, their cadastral value, without prejudice to their updating where appropriate, as well as the valuation regime.

The incorporation into the Real Estate of the remaining buildings which, in accordance with this Law, have the condition of real estate of special characteristics will be practiced before December 31, 2005. "

Twenty-one. The second transitional provision is amended, which is worded as follows:

" 1. The provisions of Title II of this Law for the determination of the cadastral value are suspended in respect of the rustic real estate until the date of its application is established by law.

Until that moment, the cadastral value of the goods will be the result of capitalizing to the three percent the amount of the settled bases in force for the levy of the Territorial Contribution Rustica and Pecuaria for the financial year 1989, obtained by applying the types of assessment of that contribution, carried over under Royal Decree-Law No 7/1988 of 29 December 1988 on the extension and urgent adaptation of certain rules (a) tax or those which have subsequently been approved in place of them, and without prejudice to their Annual update by means of the coefficients established and those established by the General State Budget Law, once the cadastral alterations that have been experienced or experienced in each financial year are incorporated.

2. By way of derogation from the preceding paragraph, in the case of rustic buildings the land of which has been classified as urbanizable by the approved territorial and urban planning instruments or where they provide for or permit their passage to the land situation, provided that they are included in sectors or spatial areas demarcated and as long as they do not have detailed or detailed planning determinations, the cadastral assessment will be carried out through the application of the modules which, depending on their location, are established by the Order of the Minister of Finance and Public Administrations.

As such a ministerial order is dictated, the land cadastral value of the part of the building affected by this classification and not occupied by buildings, will be the result of multiplying the aforementioned area by the value unit obtained from applying a coefficient of 0,60 to the units of unit value of soil determined for each municipality for uses other than residential or industrial, in accordance with Articles 1 and 2 of Order EHA/3188/2006, 11 of (a) October, by which the assessment modules are determined for the purposes of Article 30 and the The first transitional provision of the Recast Text of the Law of the Land Registry, approved by Royal Legislative Decree 1/2004 of 5 March, and by the coefficient of reference to the market of 0.5.

These valuation criteria shall apply to the rustic buildings concerned from the first simplified collective valuation procedure which is initiated after the entry into force of Law 13/2015 of 24 January 2015. of June. The Law of the Mortgage Law, approved by Decree of 8 February 1946 and the recast of the Law of the Land Registry approved by Royal Legislative Decree 1/2004, of March 5. "

Twenty-two. The seventh transitional provision is amended, which is worded as follows:

" Transient disposition seventh. Transitional arrangements for the application of the amendment to Article 7 (2) (b).

The change in the nature of the urban real estate whose classification does not correspond to Article 7 (2) (b) in the wording given to it by Law 13/2015, of 24 June, of reform of the Law Mortgage approved by Decree of 8 February 1946 and the recast of the Law of the Land Registry approved by Royal Legislative Decree 1/2004, of 5 March, will apply from the first simplified procedure of assessment The collective agreement shall be initiated after its entry into force. To this effect, the Ayalcós will have to provide the General Directorate of the Catastro with information on the soils that are affected. This procedure shall be in accordance with Article 30 (2) (g), with the exception of its effectiveness, which shall take place on 1 January of the year in which the procedure is initiated.

The rustic properties that the entry into force of Law 13/2015, of June 24, of reform of the Mortgage Law approved by Decree of 8 February 1946 and of the recast text of the Law of the Catastro Real Estate approved by Royal Decree Legislative 1/2004 of 5 March, in the situation provided for in paragraph 2 of the second transitional provision, may be assessed in accordance with the criteria set out in that paragraph through the procedure (a) a simplified collective assessment provided for in Article 30 (2) (h), with the exception of the effectiveness, which shall take place on 1 January of the year in which the procedure is initiated. '

Additional disposition first. Log in.

1. In order for the General Directorate of the Registers and the Notary to be able to approve the recording application for the processing of graphic representations, as referred to in Article 9 of the Mortgage Law, such application or system of Geographical information shall allow, through online web mapping services, to link and interoperate visually, as well as to perform contrast analysis, with the mapping elaborated by the General Directorate of the Catastro and with those other cartographies or planetrias, duly georeferenced and officially approved by the different administrations competent in matters of territory, public domain, urban planning or environment, that are relevant to the knowledge of the location and delimitation of the public domain goods and the scope and content of the public limitations to the private domain.

2. For the purposes of the information technology application referred to in the preceding number, the Directorate-General for Records and Notaries shall obtain the report of the Ministry of Finance and Public Administrations and Ministries with competence on the matters referred to in the preceding paragraph.

3. The College of Registered and Property Registrars of Spain shall submit the application for approval of the new computerised application for registration as referred to in this additional provision within three months of the approval of the joint resolution of the General Directorate of the Registers and the Notary and the General Directorate of the Catastro provided for in Article 10 (6) of the Mortgage Law. Until such approval is obtained, this new application may not be used.

Additional provision second. Notices and edicts of mandatory publication by the Registrar in the "Official State Gazette".

The notices and edicts that the Registrar of the Property, the Mercantile and the Furniture, as well as the Notaries, must publish in the "Official Gazette of the State" with an extra character when, in the procedures in which If they are not known, the place of notification is ignored or, after two attempts, the personal notification has been unsuccessful, they shall have the treatment provided for in the additional provision 20 First of Law 30/1992, of the Legal Regime of the Public and the Common Administrative Procedure.

Additional provision third. Media.

The measures included in this Law may not result in an increase in appropriations or remuneration or other personnel costs.

Additional provision fourth. Special foral regimes.

The provisions of this Law will apply throughout the national territory, without prejudice to the provisions of the existing special foral regimes.

In the territory of the Autonomous Community of Navarra, the references that this Law makes to the General Directorate of the Catastro, in relation to the relations and communications of the Land Records with it, will be understood as referring to to the Registry of the Territorial Wealth of Navarre or, where appropriate, to the body that replaces it.

Additional provision fifth.

1. The municipalities, within three months of the publication of this Law, shall make available to the Registrar, for incorporation into the auxiliary computer application referred to in Article 9 of the Mortgage Law, an access by means of Web mapping service to all general and development plans, duly georeferenced and metadata, as well as their approved modifications definitely and in force.

2. Exceptionally, those municipalities which are unable to comply with the provisions of the previous paragraph for lack of technical or budgetary resources, must notify the College of Registrars in that period and, in any case, put the provision of the College of Registrars, in order to make it in turn to the territorially competent Registrars, a certified copy and in electronic support of all the general planning and development plans, as well as their Amendments adopted definitively and in force, entered in the register of instruments Planning of each Town Hall.

Single transient arrangement. Procedures initiated under the previous regulation.

All procedures regulated in Title VI of the Mortgage Act, as well as the derivatives of the double-registration assumptions that are initiated at the date of entry into force of this Law, shall continue. processing until their final decision in accordance with the previous rules. For the purposes of the registration in accordance with the procedure laid down in Article 205 or Article 206, the procedure shall be initiated only if the date of entry into force of this Law has been filed with the public title. inmatriculator in the Property Registry.

Single repeal provision. Regulatory repeal.

The rules are repealed as set out in this Law and in particular:

1. Paragraphs 2, 5, 6, 7, 8, 9 and 10 of Article 53 of Law 13/1996 of 30 December 1996 on fiscal, administrative and social order measures.

2. The 34th additional provision of the Law 2/2004, of December 27, of General State Budgets for the year 2005.

Final disposition first. Amendment of Law 33/2003 of 3 November of Heritage of Public Administrations.

Article 37 (3) of Law 33/2003, of 3 November, on the Heritage of Public Administrations, is worded as follows:

" 3. In addition to the means provided for in Article 208 of the Mortgage Law, the certification referred to in Article 206 of this Law shall be valid for the resumption of the interrupted successive tract, provided that the holders of the registration contradictory or their successors have not formulated any opposition within 30 days of the date on which the Administration has transferred them from the certification which it is proposed to register, by means of personal notification or, if not is possible, by publication of edicts in the terms shown below. If the persons concerned are not known, the certification may be registered where the contradictory entries are more than thirty years old, have not been altered during that period and have been published for 30 years. days communicating the intention to register the certification in the Board of the City Council, and in the "Official State Gazette", in that of the Autonomous Community or in the province, according to which Administration has issued it, without expressed opposition by the one who proves to be entitled to the goods. Certification shall include the title of acquisition of the good or the right and the time taken by the titular Administration in the peaceful possession of the property.

Enrollments practiced in this manner will be affected by the limitation of effects set forth in Article 207 of the Mortgage Act. "

Final disposition second. Competence title.

This Law is dictated by the article 149.1.8. of the Constitution, which attributes to the State exclusive competence in relation to the management of public records and instruments. The second article, which is issued under the provisions of Article 149.1.14. of the Constitution, is exempted from the foregoing.

Final disposition third. Joint resolution.

Before November 1, 2015, the General Directorate of the Catastro and the General Directorate of Records and Notaries will dictate the joint resolution referred to in Article 10 (6) of the Mortgage Law.

Final disposition fourth. Record of the cadastral reference.

For the purposes of the application of the presumption referred to in Article 10 (5) of the Mortgage Act, the verification or validation that would have been carried out by the Registrar shall not be considered sufficient, in accordance with the Second paragraph of Rule 1 (5) of Article 53 of Law 13/1996 of 30 December 1996 on fiscal, administrative and social measures, to the sole effect of stating the cadastral reference to the margin of the registration of the the estate.

Final disposition fifth. Entry into force.

This Law shall enter into force on 1 November 2015.

However, the following precepts shall enter into force on the day following that of their publication:

(a) Article 1 (12) of this Law that gives new wording to Article 206 of the Mortgage Law.

b) The second article of this Law, which modifies the recast text of the Law of the Real Estate Catastro, approved by Royal Legislative Decree 1/2004, of March 5.

(c) Paragraph 2 of the single derogation provision.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 24 June 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY