Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7046
FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law.
PREAMBLE I Council of Ministers agreed on October 26, 2012 the creation of a Commission for the reform of public administrations, so appropriate to draw up a report with proposals for measures which service to the administration of size, efficiency and flexibility demanded by citizens and the country's economy. On June 21, 2013 received the Council of Ministers the report done and, through Royal Decree 479/2013, June 21, was to create the Office for the implementation of the reform in the Administration for the purposes of coordinate the execution and promotion of measures, and may also propose new measures.
The field of the administrative duplication is broad and is not difficult to find aspects that can improve the coordination among different public institutions, including the land registry and the land registry.
The real estate cadastre and the land registry are institutions of nature and distinct skills which, however, fall on a same field: real estate reality. The coordination of the information existing in both institutions is indispensable for a better identification of them homes and a more adequate provision of services to citizens and administrations.
This need has been felt from times past and numerous have been the attempts made to get it. But it was not until the publication of the law 13/1996 of 30 December, on fiscal, administrative measures and social order, when they began to settle the first pillars for effective coordination, introducing the cadastral reference as an element of identification and exchange of information and to incorporate graphics and descriptive cadastral certification as a prerequisite for the registration of farms in the registry. This Act was supplemented in the mortgage field by the publication of the Royal Decree 1093 / 1997 of 4 July, whereby the complementary norms to the regulations for the execution of the mortgage law on registration in the land register of urban acts were passed. The approval of the law 48 / 2002, of 23 of December, of the cadastre real estate, was a new advance in the field of the collaboration and the exchange of information, collecting it established in the legislation previous, that was object of recast in the text consolidated of it law of the cadastre real estate, approved by the Real Decree legislative 1 / 2004, of 5 of March currently in force, which established the collaboration of the land with the land registry in the exercise of their respective functions and powers, and facilitated the cadastral maps to serve for the identification of the farms in the land registry.
Since the registry forwards data of relevance to the cadastre, but until today there is a connection that enables a two-way exchange of information allowing the necessary coordination between the two. There alleged that, by the voluntary nature of the registration, for carrying out operations registry or cadastral alteration without any such communication, or by other causes, diverging situations occur. Nor is there a coordination process that allows the resolution of discrepancies between the registry and the land registry the description of real estate.
II taking into account the referred background and the difficulty showed fulfil the common goal with the procedures until now existing, the purpose of this law is to get desirable and urgent coordination cadastre, with technological elements today available, through a fluid exchange data securely between both institutions, promoting interoperability between them and providing a suitable regulatory framework procedure , and thus a higher degree of success in the graphic representation of real estate, by increasing legal certainty in real estate traffic and simplifying administrative procedures.
III the first effect of the reform will be to encourage coordination between the cadastre and the land register. From the economic point of view and legal certainty is essential for the unregistering to determine as accurately as possible the portion of land that projects its effect. For the cadastre is essential to meet and reflect on mapping all those modifications or registry alterations that occur on the physical realities of the farms by any event, business or legal act. This coordination must be done using agile procedures, but at the same time, equipped with sufficient legal guarantees for the possible affected, through procedures that avoid any situation of helplessness.
The law defines when is understands that there is concordance between it finca registry and it plot cadastral and when is understands that the coordination is reaches, and, to the time, sets them way for leave constancy registry and cadastral of it coordination reached, as well as for give advertising of such circumstance.
The reliability of the information increases legal certainty. Legal security in transmissions is an important added value to the estate, which will prevent litigation cases and the costs, both economic direct all contentious, as indirect, arising from situations of pendency, giving greater transparency to the real estate market.
From the point of view of the citizen, as well as see benefited for legal certainty before referred to, will also be benefited by an administrative simplification in its relations with both institutions - the register and the cadastral - since it will not be necessary, in many cases, to provide information on the description of the properties already presented.
IV reform has a global content and reaches the relationship between cadastre and registration and all procedures where these exist. This explains that registration procedures that may affect the physical realities of farms, as - both individuals and administrations - registration, boundaries, excesses, or rectifications of fitted, to those who refer the articles 198 et seq. of the mortgage law join the reform. This form is expected, on the one hand, a general relations regulatory framework, contained in articles 9 and 10, and also one specific, relative to which occur within each of the special procedures.
Them modifications that is introduced in them procedures regulated in them articles 198 to 210 of it law mortgage have as object, on the one hand, the termination of them same eliminating the intervention of them organs judicial without diminishes any of them rights of them citizens to the guardianship judicial effective, that always will fit by it via of the resource, and Moreover , its modernization, especially in relationships that must exist between notaries and registrars and in advertising to be given them.
In article 199 is regulated the procedure of joining the registry folio of the cadastral plot, as well as the procedure to enable the person concerned the implementation of manifesto and rectification of the representation property if this is not appropriate with the registration estate; in both cases with protection of the neighbouring rights. Article 201 regulates the record for the correction of the description, surface and edges of the farms on the basis of which is then set for the registration, except for the cases in which, by its minor, is considered to be not this necessary. The registration of farms will be held through the record of domain that regulates thoroughly without judicial intervention. This record replaces the Court regulated by the previous article 201 of the mortgage law and is characterized by its particular concern for the defence of the rights of all affected possible. Also, is to regulate in more detail the registration by public acquisition of the old article 205 title.
Article 206 deals with the registration of farms of public administrations and entities of public law. The disappearance of the possibility that the law of 1944-1946 gave the Catholic Church use the special procedure which regulated that article is remarkable. Authorization for the Catholic Church used that procedure has to sit in a socio-economic context very different from the present, influenced even by the effects of the Desamortizadoras laws - which the mortgage regulation dedicated still four articles - and subsequent recovery of part of the goods by the Catholic Church, in many cases without a genuine degree. But the disappearance progressive circumstances historical which said its inclusion, as well as the course of one long enough since the reform of mortgage regulation of 1998 which already allowed the registration of destined to the Catholic cult temples, banned until then, coupled with the ease and normal current, in a developed society, with an awareness of the exact value of real estate and its registration in the land registry which enables the obtaining of evidence for the registration of goods, they deemed that the use of this special procedure by the Catholic Church, taking its raison d ' être undisputed in the past, it is now unnecessary.
In addition regulate settling procedures; Double or multiple registration of farms; the release of charges or charges - with a specific rule for cancellation of censuses, forums and other similar levies, constituted for an indefinite time, still be creeping without owners known for generations - and the resumption of the interrupted successive tract.
V Finally, amending in this reform a series of precepts of the revised text of the law on the real estate cadastre, as well as derivatives of the new system of coordination with the land registry.
Is collects the recent criterion jurisprudential that considers that them soils building without planning of development detailed or detailed should be classified as goods estate of nature rustic and is approve new criteria for its assessment taking in has its circumstances of location. For streamline and regular the change of classification of these soils building is adapts the regime transitional of it law and is modifies the procedure simplified of valuation collective, what also will allow in it successive adapt with greater agility them criteria of valuation contained in the papers of values cadastral to them changes in them circumstances urban of them estate , without having to approve new papers.
Also intends to improve cadastral data updating, simplifying some procedures and expanding the scope of the communications procedure to certain changes in real estate by the administrations and public notaries, lightening the administrative burden to taxpayers.
SAW the standard is structure in two articles, referred the first of them to the reform precise in it law mortgage and the second to the necessary in the text consolidated of the law of the cadastre real estate approved by Real Decree legislative 1 / 2004, of 5 of March; will complete the standard with five provisions additional, a transient, a derogatory and five provisions late.
The first article. Modification of the mortgage law in the wording adopted by Decree on 8 February 1946.
The mortgage law, editorially approved by Decree on 8 February 1946, is hereby amended as follows: one. Article 9 is drawn up in the following way: «the real page of each farm will necessarily incorporate the unique registration code that. Seats of the registry will contain the expression of the circumstances relating to the subject, object and content of the registrable rights as they are the title and registration seats, prior qualification of Registrar. To do so, the registration will contain the following circumstances: to) description of the property subject to registration, with its detailed physical situation, data relating to their nature, boundaries, surface, and for buildings, expression of the registry file of the book of the building, except for its antiquity les was not enforceable. It will also include the cadastral reference of the property or properties that integrate it and the fact of being or not the farm co-ordinated graphically with the land registry in accordance with article 10.
It record accredited, it is expressed by a corresponding administrative, environmental and urban qualification side note, with expression of the date to which it relates.
(b) whenever a farm is inmatricule, or operations of allotment, subdivision, consolidation, segregation, division, grouping or aggregation, compulsory purchase or precinct that determine a rearrangement of the land, the graphic representation of georeferenced farm supplementing its literary description, expressing themselves, if they constaren duly accredited, the georeferenced coordinates of its vertices are carried out.
Also, such representation may incorporate it with character optional to the time of formalize is any act inscribable, or as operation registry specific. In both cases, shall apply the requirements set out in article 199.
For the incorporation of the graphic representation of the estate to the Royal folio, it must be provided along with the descriptive cadastral certification inscribable title and graphics of the estate, except that in the case of one of the cases in which the law admit another geo-referenced alternative graphical representation.
In any case, the alternative graphical representation be respected the delimitation of the parent farm or the perimeter of the set of provided farms resulting from the cadastral maps. If alternative graphical representation affect part of cadastral parcels, you must specify the delimitation of the parties affected and unaffected, and all of them be respected the delimitation that were on the cadastral maps. This graphic representation must comply with the technical requirements that allow its incorporation the cadastre practiced once registry operation.
Provided graphical representation will be joining the real estate folio, provided that it not have doubts by the Registrar on the correspondence between the representation and the property inscribed, valuing the lack of coincidence, even partial, with another graphic representation previously incorporated, as well as the possible invasion of the public domain.
Means that there is correspondence between the provided graphic and literary description of the farm when both sites relate basically to the same portion of the territory and accommodate differences, if any, not exceeding ten per cent of the registered place and do not prevent the perfect identification of the property registered or their correct differentiation with respect to the adjacent.
Once registered graphics display geo-referenced of the estate, its place will be the result of such representation, rectifying, if required, which previously constare literary description. The Registrar shall notify the fact to have practiced such rectification to the holders of registered rights, unless presented title or the procedures of article 199 already constare its notification.
For the purpose of rating the correspondence of the graphic representation provided, in the cases of lack or inadequacy of the supplied documents, the Registrar may be used with merely auxiliary character, other graphic representations available, enabling it to find out the topographical features of the estate and its polygonal line of delimitation.
All registrars provide auxiliary element of qualification, a unique software application supplied and designed by the Association of registrars, and integrated into your computer system only, under the principle of technological neutrality, for the treatment of graphic representations, that allow to relate them with the descriptions of the properties contained in the Royal folio, preventing further invasion of the public domain as well as the consultation of the limitations to the domain that may arise from the classification and corresponding administrative, environmental and urban qualification. The application and different updates must be approved by the General direction of the registers and notaries, to establish compliance with the requirements of safety and protection appropriate to the quality of the data.
The Land Registrar shall not issue more graphical advertising that the result of the cadastral plot, without that can be the subject of such advertising graphic information contained in the aforementioned application, part auxiliary qualification. Only in cases in which the law admit another geo-referenced alternative graphical representation, this may be publicity until the time the Registrar noted that the estate has been coordinated graphically with the cadastre. Until then, shall be recorded in this advertising the fact of not having been validated graphical representation by the cadastre. Also, may be publicity information from other databases, relating to farms whose land plot has been or will later be incorporated into the Royal folio.
(c) the nature and extension conditions, precedent or pledges, if any, of law who enrolls, and its value when it constare in the title.
(d) the law on which constitute which is the subject of registration.
(e) the natural or legal person in whose favor becomes the inscription or, when appropriate, in whose favour separate heritage should be practised, where this is legally capable of being holder of rights or obligations. Real estate and real rights of temporary unions of companies will be registered in the land registry provided that is accredited, in accordance with article 3, the same composition and the regime of administration and disposition of such property, practising registration in favor of the partners or members that comprise them subject to the regime of administration and disposition before referred. They can also enjoy caveats of demand and embargo in favor of the communities of owners in horizontal property regime.
In any time, the holder registered may urge directly of the recorder that by note marginal is do recorded them circumstances of a domicile, address electronic for the purposes of receiving communications and notifications electronic and telematic relating to the right registered. Communications through electronic and telematic means shall be valid provided that there is evidence of transmission and reception, their dates and the entire contents of the communications, and identify authentic or reliable way to the sender and the recipient thereof.
(f) a person who obtained property or rights that need to register immediately.
(g) the title which is placed, its date, and the Court, Court, notary or officer authorizing it.
(h) the date of filing of the title in the register and the registration.
(i) the registration certificate and the signature of the Registrar, which will entail the conformity thereof to the full text of the practiced seat.
This article refers to without prejudice to regulated especially for certain inscriptions.»
Two. Article 10 is drawn up in the following way: «1. the basis of graphical representation of the registered farms will be the cadastral maps, which will be available to the registrars of property. "
(2 in the case of incorporation of the graphic representation of georeferenced pursuant to letter b) of article 9, it must be provided, along with inscribable title, cadastral certification descriptive and graphic of the estate, except that in the case of one of the cases covered in paragraph 3 of this article.
The Registrar will incorporate royal folio provided cadastral graphical representation provided that it corresponds with the literary description of the property in the way established in (b)) of the preceding article, by expressly stating in the seat which at the corresponding date the estate has been coordinated graphically with the cadastre. Also, the Registrar be transferred to cadastre the registry code of the farms that have been coordinated.
In the course of that correspondence has not been accredited, the Registrar shall provide transfer of this circumstance to the cadastre by telematic means, motivating through a report the causes that have impeded coordination, to the effect that, in their case, the land registry proceedings timely.
3 only can provide a graphical representation of georeferenced complementary or alternative to the graphic and descriptive cadastral certification in the following cases: to) procedures of concordance between the land registry and the extra reality of title VI of this law which is expressly supported an alternative graphical representation.
(b) when the Act inscribable consist in an allotment, reparcelling, segregation, division, grouping, aggregation or settling judicial, that determined a reordering of the land.
In them alleged in which is has contributed a representation graphic alternative, the recorder shall forward the information to the cadastre, in accordance with its normative regulatory, for this practice, in its case, it alteration that corresponds.
Practice the alteration, the cadastre Directorate General of the transfer you to the land registry, to recorder recorded the corresponding cadastral references, as well as the circumstance of the coordination, and incorporated into the Royal folio the cadastral plot.
4. in any form of publicity must express themselves, in addition to the cadastral reference that corresponds to the estate, if it is or not coordinated graphically with the cadastre to a certain date.
5. reached it coordination graphic with the cadastre e registered it representation graphic of the finca in the record, is presumed, with arrangement to it willing in the article 38, that the finca object of them rights registered has it location and delimitation geographical expressed in it representation graphic cadastral that has been built-in to the folio real.
This presumption also be governed when is had built-in to the folio real a representation graphic alternative, in them alleged in that such representation has been validated previously by an authority public, and have elapsed six months from the communication of the registration corresponding to the cadastre, without this has connected to the record that exist impediments to its validation technical.
6 in order to ensure the exchange of information between the cadastre and the property registry, as well as interoperability between information systems, by joint resolution of the General direction of the registers and notaries and of the cadastre General Directorate, shall be governed: to) the form, content, time limits and requirements of the mutual provision of information that is relevant for the fulfilment of the respective roles.
(b) the features and functionalities of the system of exchange of information, as well as the service identification and graphical representation of farms on the cadastral maps.
(c) requirements which must comply with the technical description and alternative graphical representation that contributes to the land registry in the legally foreseen cases.'
3. Article 11 is drafted in the following way: «the registration of contracts in which has mediated price or delivery of metal, shall contain the result of the title, as well as the way in which they had made or agreed payment, the means of payment used, in the way established in articles 21, 254 and 255 of this Act and must be accredited.
The expression of the deferment of payment shall not be effects to the detriment of a third party, unless they ensure that mortgage or the character of express resolutory condition is given to non-payment. In both cases, if the deferred price refers to the transmission of two or more farms, is determined the corresponding to each one of them.
Provisions of the preceding paragraph shall apply to credit default swaps or adjudications in payment when one of the parties have to pay to the other any difference in money or in kind.'
Four. He article 198 is drafted of the following mode: «it concordance between the registration of it property and it reality physical and legal extra is may carry to effect through any of them following procedures: 1 the registration of it representation graphic georeferenced of the finca and its coordination with the cadastre.»
2. registry Disclaimer of the estate.
3rd the rectification of its description.
4th the registration of plantations, buildings, facilities and other improvements incorporated into the estate.
5 the registration of farms that are not registered in favour of any person.
6 the registry operations on goods of public administrations, under administrative certification.
The resumption of the successive tract record 7th interrupted.
8° the procedure of correction of the double or multiple registration.
9th record registry release of charges or encumbrances extinguished by prescription, expiry or non-use.
The procedures contained in this title can accumulate when its purpose is compatible and falls on the same official competition for processing, must integrate contemporarily, if possible, or on another case, all of the procedures required for each of them.
The rejection of the claim of the promoter in any of the records covered in this title shall not prevent the initiation of a subsequent judicial process with the same purpose as that."
5. Article 199 is drawn up in the following way: «1. registration holder any real right to registered farm or the domain can complete the literary description of the same location and delimitation graphic and, through this, its boundaries, and surface, through the contribution of the corresponding cadastral certification descriptive and graphic. "
Recorder will only incorporate royal folio graphing cadastral after be notified to registered holders of the domain of the property if they had not started this procedure, as well as to those on farms registration adjacent affected. The notification shall be in a personal way. In the event that any of the interested parties was unknown, is ignore the place of notification or, after two attempts, the notification was not effective, it will be by edict inserted in the "official bulletin of the State", without prejudice to use, in any case, the warning system laid down in the seventh rule of article 203. The thus summoned or notified may appear within the period of twenty days before the Registrar to claim that its law suits. When the farms adjoining are divided in regime of property horizontal, the notification is held to the representative of the community of owners. Will not be accurate notification registration holders of adjoining farms in the case of apartments, premises or other items located in farms divided into horizontal property regime.
The graphical certification provided, together with the Act or business whose entry is requested, or as specific operation, shall registration qualification pursuant to article 9.
The Registrar refused the identifying graphic of the estate, if it coincided in whole or part with another registered graphical database or the public domain, which shall be communicated to the Administration, holder of the affected property. In other cases, and the view of the allegations made, the Registrar shall decide accordingly its prudent discretion without mere opposition who has not credited to be registered owner of the estate or any of the adjacent registration necessarily determine the refusal of registration. The negative rating may be appealed in accordance with the General rules.
If the incorporation of graphical and descriptive cadastral certification was denied by the possible invasion of inmatriculadas adjoining farms, the promoter may urge the demarcation in accordance with the following article, unless the adjacent registration affected have given consent to the requested correction, well in a public document, well for its appearance in the file itself and ratification before the Registrar, that documentary evidence of such circumstances , provided that this acts or not formalized and duly registered legal business will not conceal.
In the event of a positive score, graphic and descriptive cadastral certification will join the Royal folio and will expressly state that the farm has been coordinated graphically with the cadastre, circumstance that will be electronically notified to it and will be reflected in the formal advertising which it is issued.
2. when the holder expressly states that the cadastral description does not correspond to the physical reality of his farm, must provide, in addition to descriptive and graphic, cadastral certification a georeferenced alternative graphical representation.
Recorder, once handled the procedure in accordance with the preceding paragraph, that must also be notified to adjoining property owners affected, will incorporate the Royal folio alternative graphical representation, and shall inform the land registry to incorporate the rectification that corresponds according to the provisions of paragraph 3 of article 18 of the consolidated text of the law of the real estate cadastre approved by Royal Legislative Decree 1/2004, of 5 March.
Practiced the alteration, cadastre shall inform the Registrar, to this record the circumstance of the coordination and join the Royal folio the new cadastral plot of farm.
«It representation graphic alternative only may be object of advertising registry until the time in that the cadastre notify the practice of it alteration cadastral, and the recorder make recorded that the finca has been coordinated graphically with the cadastre.»
6. He article 200 is drafted of the following mode: «he record of settling of farms registered must process is before notary business to act in the District Attorney in where lie them farms or in any of them districts notarial adjacent to said district.» If farms whose demarcation is intended to be located in territory belonging to a different notarial districts, record may arrange notary business to act in the notarial district of any of them or any of their adjoining districts.
Start record at the request of the registered owner of the domain, or if several of any of them, or any right in rem in writing which shall set forth the circumstances both of the property which is intended to establish, as the affected adjacent, as well as the identification data of the holders of a and others, including the cadastral and his home when it was known by the promoter. If the settling requested not is refers to the whole of the perimeter of the finca, is will determine the part to has of collapse is.
It promoter of the demarcation must provide, in all case, the certification cadastral descriptive and graphic of the finca object of the record and of them adjoining affected, as well as them documents or supporting that serve of Foundation to your claim. In addition, where promoter expresses the cadastral plot does not match the requested boundary, it should provide geo-referenced from the same graphical representation.
The notary inform all stakeholders, who, within the period of fifteen days, will make the allegations and present evidence that they deem from the beginning of the record. The notary will transfer to these interested parties of all the documentation provided and convene them, in the term of another 30 days, to a hearing, to seek compromise among them. It shall also notify the beginning of the record at the land registry in which are registered farms, to the object of that certificate of ownership and loads of them and of their adjoining affected, whose holders shall be notified of the dossier by the notary, stating the Registrar Note aside from the farms by the issuance of such certification is issued , with an indication of the notary who processed the file and its purpose. The aforementioned marginal note will be cancelled by expiration after two years from its date.
Reaching the agreement, shall be recorded it in a public deed, proceeding the notary in the form established in the second paragraph of the letter c) of paragraph 2 of article 18 of the consolidated text of the law of the real estate cadastre. It same is will be if the agreement was partial, with regard to any or some of those boundaries. There is no agreement among the interested parties, the notary shall by [the record.
If the Registrar, view circumstances concurrent on the record and the history of farms in the registry content, albergare doubts based on the possibility of agreement of demarcation reached encubriese a translational business or entity mortgage modification operations, shall suspend the registration requested motivating reasons that blends such doubts.
This article will not be applicable to property whose ownership corresponds to public administrations. In this case, the boundary shall be subject to specific legislation.»
7. Article 201 is drawn up in the following way: you can promote it the registered holder of the whole or an undivided in the domain fee, or any right in rem, by contributing to the notary of the registration description of the farm and its updated description» ensuring your responsibility that the differences between the two are exclusively descriptive registry errors and not to the Translational business celebration or in general to any modification, not registered, the legal status of the inscribed property.
(b) also the person concerned must express data available about the identity and domicile of the owners of the domain and other rights on own farm and on the adjoining both registry and cadastre, real providing, in any case, the graphic and descriptive cadastral certification of the farm or farms object record. In addition, in case that the promoter revealed that the cadastral plot does not match the requested correction, it should provide graphical representation of georeferenced.
(((c) shall not apply to regulated record in this article as provided in subparagraph (c)) of the second rule, paragraphs d) and e) fifth ruler and the last paragraph of the sixth rule of article 203. With regard to it rule third, the content of the certifications is means limited to the rectification whose registration is requested.
((d) in the event that it has provided alternative graphical representation, the notary shall pursuant to the second subparagraph of point (c)) of paragraph 2 of article 18 of the consolidated text of the law of the real estate cadastre.
(e) not can to process the record set in the previous sections for descriptive rectification of buildings, farms or elements of any building in regime of horizontal division or resulting record administrative reorganization of the property, expropriation or settling estates. In such cases, the rectification of the original title or the previous processing of the corresponding administrative procedure will be necessary.
If the Registrar, view circumstances concurrent on the record and the history of farms in the registry content, albergare doubts based on the possibility of rectification of registration description record encubriese a translational business or entity mortgage modification operations, shall suspend the registration requested motivating reasons that blends such doubts.
2 rectification of the description of any estate, without the need for processing case, may, however, be made as regards alteration of its rating or classification, destination, physical characteristics, other than surface or boundaries, or data allowing identification, such as the name by which is known the farm or the number or name of the street or its appropriate location place or site where is located, provided that, in all cases, the modification is accredited sufficient, in the form determined by law.
3 will not be necessary to deal with the case of rectification to the finding of differences in place of the property inscribed, in the following cases: to) when differences of capacity not exceeding ten per cent of the registered and is accredited by means of descriptive and graphic, cadastral certification provided that respective descriptive data comes off the full coincidence between the plot object of the certificate and the registered estate.
(b) in the case of rectification of the surface, when it the difference alleged do not exceed five per cent of the room that were registered.
In both cases it will be necessary that the Registrar, in a reasoned ruling, hostel not doubts about the reality of the requested amendment, based on prior checking, with accuracy, better seal inscribed in the reiteration of the same fixes and the fact to proceed the estate of acts of modification of mortgage, such as segregation, division or aggregation entities where its surface has been determined accurately. Registry operation performed, the Registrar shall notify registration holders of adjoining farms.»
8. Article 202 is drawn up in the following way: «new plantations and the construction of buildings or facilities, both fixed and removable, of any settlement, may register in the registry by its description in titles relating to the property, granted in accordance with the rules applicable to each type of Act, in which is described the planting, building» , improves or installation. In all case, will have of meet is all them requirements that have of be object of rating registry, according to the legislation sector applicable in each case.
The portion of land occupied by any building, installation or plantation shall be identified by its coordinates of geographical referencing.
Except that by the age of the building was not him enforceable, it must be provided for your registry file the book of the building, leaving evidence of this in the real estate folio. «In such case, when is try of buildings in regime of property horizontal, is will be recorded in the folio real of each element independent their respective representation graphic, taken of the project built-in to the book.»
9. He article 203 is drafted of the following mode: «1. He record of domain for the registration of farms that not are registered in the register of the property in favor of person any is will treat with clamping to them following rules: first.» The record must be dealt notary business to act on notarial district where the property is situated or in any of the notarial districts adjacent to that district. If the farm is based in the territory corresponding to two or more different notarial districts, record may be processed before a notary of any of these districts or their respective adjacent. A single record to multiple farms may instruct provided that they are located in the territory of a same record, although some of them is situated partially on an adjoining mortgage district, provided that most of its surface is situated in registering.
The second. Will start the procedure request in writing of the Sunday owner of the estate, in which, together with the literary description of the farm, carried out by the prevented by regulations, must be noted the personal data of the promoter and his home for the practice of notifications, accompanying besides the following documents: to) title of property of the estate that is intended to inmatricular It attributed the dominion over the same to the promoter of record, together with descriptive and graphic cadastral certification of the plot or cadastral parcels, that correspond to the literary description and graphic delineation of the farm whose registration is requested, with expression of cadastral holders of these plots and its surrounding as well as their respective domiciles.
(b) relationship of registration, cadastral data or any other source that has the promoter and serve to locate the registered farms and neighbouring cadastral plots. In particular, the name and address of their current owners, if they were different from those included in the graphic and descriptive cadastral certifications, as well as holders of charges or charges on them.
(c) identification of rights constituted on the farm, expressing loads that may be affected or with real transcendence proceedings instituted in connection therewith, indicating the names of the owners or players, their homes and any other circumstances that help their correct identification, who will be required so that, if it suits them, they request the inscription or annotation omitted presenting to this end necessary titles to the registry.
d) must also identify the holders of the estate that is intended to inmatricular and to the lessee of it, whether it's housing.
Third. The notary will lift Act that will incorporate the documentation submitted, sending copy thereof to the competent Land Registrar requesting the issue of accrediting certification that the farm has not entered in the register and, in your case, you practice preventive annotation of the pretension of registration.
The Registrar, after consulting his file, both literary and graphic representation in support paper or computer, issued within the fifteen days of certification accreditation of the lack of registration of the estate, provided that you have verified that the following circumstances concur: to) the correspondence between the description contained in the title of the property contributed and the cadastral certification.
(b) the lack of prior registration of the estate in favour of any person.
(c) the absence of questions based on the total or partial coincidence of the farm whose registration is sought with another or others that had been previously inmatriculadas.
Otherwise, shall be the Registrar extend note of denial of the requested annotation, motivating enough causes of such refusal, to which must be accompanied, where appropriate, literal certification of the farm or farms matching, immediately informing the notary, in order that appropriate to the file of the proceedings.
Similarly, if the Registrar has doubts based on the match all or part of the property whose registration is intended to another or others in the public domain are not inmatriculadas but that appear collected in spatial information associated, facilitated by public administrations, shall notify that fact to the institution or body competent, accompanying certification cadastral description and graphic of the estate that is intended to inmatricular , so that, by such entity, is forward the report corresponding within the term of a month to count from the day next to the reception of the notification. If the Administration manifested its opposition to the registration, or not sending its report within the deadline, the Registrar retain doubts about the existence of a possible invasion of the public domain, shall reject annotation requested, notifying your rating to the notary so appropriate to the file of the proceedings, motivating enough causes of such refusal, along with certification or transfer of data from the territorial information used and , where appropriate, literal certification of the farm or farms considered to be coincidental.
-Fourth. In another case, the Registrar will practice the requested annotation and shall refer to the notary, to attach to the record, registration, accreditation certification from the lack of registration of the estate and coincidence with one or more other previously inmatriculadas.
The annotation, which will only be extended if brief initial and their supporting documents are all required conditions, will be valid for ninety days, and may be extended at the request of the notary or the promoter of record, up to a maximum of 180 days from its date, if in the opinion of the Registrar, there is cause that justifies it.
Quinta. Received supporting communication of registration of extension of the annotation, accompanied by the corresponding certification, the notary shall notify the claim for registration, in the way prevented by regulations, all resulting relationship of holders contained in the letter accompanied the application, interested as holders of charges, rights or actions that may encumber the estate that is intended to inmatricular those who come from property or his successors in title, if it were known, the land owner and the owner of the farm, as well as to the Town Hall in which the estate is located and to the incumbent administration of the public domain that could be affected, so that they can appear in the record and to assert their rights. It will also insert an edict informing the application of the Act for the registration in the "official bulletin of the State", which will publish it for free. Optionally the notary, the circumstances of the case, may order the publication of the edict on the Bulletin Board of the City Council, also for free. The notification shall contain: a) the name and surnames, address, status, profession, document number or identity code of the promoter and any other information which may facilitate their identification.
(b) goods described as they result from the cadastral certification of the plot.
(c) the kind of right, charge or claim where, according to the promoter, the person notified may be interested.
(d) the terms on which, without loss of their rights, may enroll or recorded public documents that they are.
(e) warning on them damages that, of the omission of the inscription or annotation, can derive is.
((Also, will notify the request, with expression literal of them ends collected in them lyrics to) and b) and in the form prevented in this law, to them owners of them farms registry and cadastral adjacent and to them holders of rights real constituted on them in them homes that contained in the record and, case of be different, in any others that are of the record.
6th. Any interested party may make allegations before the notary and provide written evidence of their rights during the period of one month.
If you formulate opposition by any of the interested parties, with the expression of the cause therefor, the notary will be finished the record and filed actions, realizing immediately to the Registrar. In that case, the promoter may engage in demand in trial declarative against all that is had opposite, to the judge of first instance corresponding to the place in that file the finca. In another case, rise the notary Act accessing to the claim of the applicant, in which is collected them incidents of the record, them documents contributed, as well as the lack of opposition from none of them possible interested, and sent copy to the recorder to practice, if comes, the registration requested.
In the event of a positive rating by the Registrar, it shall extend the registration of the right of domain, whose effects are retrotraerán to the voucher date of initial presentation of the Act by the notary referred to in the preceding paragraph. If you had taken preventive annotation of the proceedings have been brought, it will become final registration.
The priority of the charges or charges, recognized or established by the owner or by a competent judicial or administrative authority, whose titles have been contributed to the record or were submitted in the registration until the registration is practiced and are rated favorably by the Registrar, shall be decided according to the preference rules established by civil legislation and the specific legislation that would be applicable in view of the nature of the claim and the charge or encumbrance and, failing that, at the date of the same titles. If they were incompatible and preference does not prove by the interested parties, preventive each annotation will be taken until courts decide which of them has be given preference.
Seventh. The Registrar shall order publication of an edict that reflects data from the farm or farms resulting from the record, as well as their ownership and loads. The edict, notifying to all them interested and to them people ignored to who can harm the record, will be of publish is of form free in the "Bulletin official of the State". The effective publication of the edict shall be recorded by a note to the margin of the registration of the domain of the inmatriculada estate. Also be used, merely for information purposes, an online service, related to the application of graphic representation referred to in article 9, to create specific alerts on properties that were affected by the procedures of registration, demarcation or rectification of boundaries or place.
Octave. During the course of the presentation, or the preventive annotation seat, may not start another procedure of registration involving total or partially the estate subject matter.
Outside the cases of opposition, against the refusal of the preventive annotation or the registration by the Registrar may be interested brought the resources provided for in this law for the negative rating; being provided to except the Faculty of those interested to go to the corresponding procedure, in defense of their right to the property.
In both cases, the extension and maintenance of the validity of the seat of presentation rules prevented in the case of filing of appeal against the qualification of the Registrar shall apply to the preventive annotation.
Outside such cases, provided that will engage in ordinary declarative judgement relative to the domain or any other right inscribable, relative to the same farm, will be given immediately closed the file.
2. the holder of a right in rem tax not registered outside farms may request the registration of the one subject to the following rules: first. It will present his title in the land registry in whose district mortgage the farm or farms concerned, are located requesting to take preventive annotation for lack of prior registration.
The second. Practiced the annotation, the Registrar will require the owner to which, in term of twenty days from the request, enter your property, warning that if not verify it or challenging such claims within that term, may be the anotante of the right in rem under request registration as laid down in the third rule.
If you ignored the place to request or after two attempts was not effective, be this through an edict in the "official bulletin of the State", counting the twenty days from this insertion.
Third. Expiry of the period of twenty days, the anotante may request the registration of the domain. If it did not have the necessary documents, it will go to the Registrar so, with citation of the owner, request the notary, court or administrative unit where is situated the files which are, that they issued copy or witness to them and delivered him to the anotante to that object. In absence of documents or when, being these defective, not opt for remedying them, the interested party be able to justify the domain of the owner in the manner provided by this Act.
-Fourth. Registrar registered the domain when prompted, according to the preceding rules, leaving archived, if necessary, the document evidencing the requirement, which will give certifications requesting interested parties, and become final registration of the entry of the right in rem. If the entry would have expired shall register the right in rem, new presentation of the title.
Quinta. «The Registrar shall be terminated the procedure provided that prior to the practice of such seats is accredited the interposition of demand challenging the claim of the anotante, without prejudice to the measures precautionary that they may be agreed by the judge or court.»
10. Article 204 is drawn up in the following way: «in addition to the procedure prevented in the previous article and the possibility of registration of the securities provided for in article 205 and 206, may be obtained also the registration of properties in the property register in the following cases: 1 when in the case of farms contributed to records of transformation or urban equidistribution and is sought registration under the documents by which proceed to registration» farms of result.
2. in the case of farms of replacement resulting from records of land consolidation.
3rd in the case of farms which had been subjected to compulsory purchase.
4th estate of public ownership resulting from administrative procedures of settling the case.
5 under sentence expressly mandating the registration, obtained in declarative procedure that have been sued everyone which, in accordance with the provisions of article 203, must intervene in the record, noting other warranties prevented in that article.
New farms created pursuant to the procedures referred to in this provision had not been incorporated previously to the cadastral plot plane with delimitation of the plots which are to be applicable, the Registrar shall refer by electronic means to the cadastre Directorate General of the copy of the graphic representation provided the next day to the presentation for the registration in the land registry. Cadastre will return to Registrar cadastral references of farms subject to the Act concerned for incorporation into the seat, and the cadastral plot indicating, where appropriate, if the farm has to be understood is coordinated with cadastral graphic description.
Once practiced the registration, the Registrar shall issue the edict concerning the seventh rule of the paragraph 1 of the preceding article.»
Eleven. Article 205 is drawn up in the following way: «will be registered, without the need for prior registration and each time the same rights in favour of another person, the Translational securities issued by those who prove to have acquired the property of the estate at least one year before the grant also through public title, whenever there is identity in the description of the property contained in both titles in the opinion of the Registrar are not enrolled and» in any case, in the description contained in the inmatriculador title and descriptive and graphic cadastral certification which must necessarily be provided for this purpose.
The Registrar must verify the lack of prior registration of the estate in favour of any person and there will not be any questions based on the total or partial coincidence of the farm whose registration is intended to with another or others that had been previously inmatriculadas.
If the Registrar had doubts based on the match all or part of the property whose registration is intended for another or other public domain are not inmatriculadas but that appear collected in the associated territorial information provided by public administrations, shall notify that fact to the institution or body competent, accompanying the cadastral certification descriptive and graphic of the estate that is intended to inmatricular in order to , by that entity, refer the report, within a period of one month starting from the day following the receipt of the notification.
If the Administration manifested its opposition to the registration, or not sending its report within the deadline, the Registrar retain doubts about the existence of a possible invasion of the public domain, it shall reject the alleged registration.
In case of rating positive by the recorder, this will proceed to extend the registration of the right of domain, will notify the registration made, in it form prevented regulations, to the holder indeed, to them holders of loads, rights or actions that can tax it finca and were known, to them owners of them farms registration and cadastral adjoining in them homes that stating in the record and , case of be different, in any others that are of the documents provided, as well as to the Town Hall in that is located the finca. It will also order the publication of the edict and use the service online for creation of specific alerts referred to in paragraph 1 of article 203 seventh rule.'
12. Article 206 is drawn up in the following way: «1. the public authorities and entities of public law with its own legal personality linked or dependent on any of those may inmatricular property of its ownership, through the contribution of its written title of domain, when they have it, along with administrative RID certification, prior favourable report from its legal services» , by the official to whose charge is find it administration of them same, supporting of the Act, business or mode of its acquisition and date of the agreement of the organ competent for its inclusion in the inventory corresponding or, case of not exist, date of the agreement of approval of the last update of the inventory of which is the inclusion of the property object of it certification with indication of the reference or indicator that have assigned in the same , as well as of its description, nature heritage or demanial and its destination in the first case or his eventual involvement, secondment or book, in the second.
Also, the concerned entities must provide descriptive and graphic cadastral certification of the plot or cadastral parcels, which corresponds with the literary description and the geographical delimitation of the farm whose registration is requested in the form established in (b)) of article 9. Only when the farm idea of graphic and descriptive cadastral certification, you can provided a graphic display geo-referenced alternative, which should correspond to the literary description made and respect the delimitation of the neighbouring cadastral and registry. Representation graphic alternative must accompany the survey report.
2. in any case, will have the Registrar to check the lack of prior registration of all or part of the property. If you pointed out the existence of matching registered farms in whole or in part, it shall refuse the requested registration, prior issuance of the certification of farms concerned, which will be sent to the interested body, together with the note of qualification.
3 practiced the registration, the Registrar shall issue the edict concerning the seventh rule of paragraph 1 of article 203 to the same regimen therein laid down, including the alert system.
4. together with the ordinary registration procedure, in the case of farms owned by one of the entities referred to in paragraph 1, may be obtained the resumption of successive tract interrupted through administrative certificate, issued with the requirements set out in this article, which put an end to the procedure regulated in paragraph 3 of article 37 of law 33/2003 , of 3 of November, of heritage of the authorities public.
5. in addition to this, by administrative act certification that is so available, may be made, in the assets of ownership of public administrations and entities governed by public law referred to in paragraph 1 of this article, operations registration of Declaration of new construction, horizontal division, Constitution of real estate sets, grouping, aggregation, segregation, division, descriptive rectification or cancellation provided that such acts do not affect third parties who had not been mentioned in the record, the requirements set out in sectoral legislation and will contribute cadastral farm graphical representation or alternative representation, in the terms provided for in article 10.'
13. Article 207 is drawn up in the following way: «If the registration of the estate had practiced pursuant to the provisions of paragraphs 1. °, 2., 3. ° and 4. ° of article 204, article 205 and article 206, the protective effects given by article 34 of this law will not occur until after two years from its date.» This limitation will be expressly stated in the Act of registration, and in any form of publicity for such limitation period."
Fourteen. Article 208 is drafted in the following way: «the resumption of interrupted successive tract held in record processed according to the following rules: "
First. The interruption of the successive tract not shall be deemed to have been produced when the person in whose favor would undergo the registration has acquired its right directly from the registered owner or his heirs. In this case, registration can only practised through the presentation of the document that would have formalized the acquisition, statement or Constitution of the right, object of the requested registration.
The second. The processing be accommodated as provided in article 203, with the following specialties: 1st will start the case, writing in which, together with the description of the property, expressed last domain registration and all others who are in force, matter what your class, and must be accompanied to the documents prevented in the letter to) second rule of paragraph 1 of the article concerned.
2nd must be submitted by the interested party, together with documents proving their acquisition, those of others available to justify the acquisition of intermediate holders that bring cause and any others deemed appropriate to justify your request.
3rd next to the interested parties referred to in paragraph 1 of article 203 fifth rule, should be cited in any case who appears, according to the latest existing inscription, as the holder of the domain or real right which interrupted tract intends to resume or if consists of this death, their heirs must prove promoter such end and the status and identity of these.
4th when the last registration of domain or the right in rem which tract is intended to resume has less than thirty years old, the citation to the registered owner or his heirs shall be personal mode.
The same rule will be observed if, despite the inscription of more than thirty years old, had practiced later, within that period, any other seat on any title granted by the registered owner or his heirs.
Third. If the cited appear and thus agree unanimously under Act signed by the notary together with all stakeholders, will extend the registration of the title of the applicant, if appropriate.
-Fourth. If any of the above does not appear, or, appearing, make opposition, the notary will be concluded the proceedings, leaving evidence of that end in the minutes that put an end to the record with expression of the cause therefor. In this case, the promoter may bring lawsuit in declarative judgement against all who had not been brought or had opposed, to the judge of first instance corresponding to the place where the property.
Quinta. Not prejudice the holder in good faith to which had been practiced resulting inscriptions of the record referred to in this article, anyone who was the nature of the title therefor, the titles of domain or other real rights conflicting with the applicant which had not been registered in the register before.»
15. He article 209 is drafted of the following mode: «1. the remedies of the double or, in general, multiple registration of a same finca or part of she in folios registry different will have place through record that is will provide with clamping to them rules following: first.» Will be competent for their processing and resolution the Registrar of the district mortgage in that file the finca doubly inmatriculada. If the surface of the farm spread over the territory of two or more registrations, competition will be determined by the oldest registration history, and if all were of the same date, shall be responsible to the Registrar of the district where most of the surface of the finca is situated.
The second. The file will start ex officio by the Registrar, or at the request of the registered holder of any right registered in any of the different matching registration records, in which must be written, in the terms prevented by law, the personal data of the applicant and an address for the practice of notifications.
Third. If the recorder, a time made them research relevant in its own file, included the examination of them representations graphic of that available, and collected them data relevant of the cadastre real estate, appreciate the coincidence of them farms and, accordingly, the possibility of double registration, total or partial, shall notify such circumstance to them holders of them rights registered in each an of them farms registry or to their successors in title , if are known, in the way prevented in this law, leaving record of this by note to the margin of the last registration of domain extended in the folio of each one of them records matching.
-Fourth. When the domain on the farm appears enrolled in different folios registry on behalf of the same person, if they were free of charges or these were exactly the same and were registered in the same order, so no damages to third parties may occur, the contradiction will be saved with the consent of those concerned, practicing a closure or cancellation of the same seat at the end of the most recent registration history referring to this fact, using the appropriate note apart in the most ancient history.
Quinta. If holders of the domain or of registered charges are different or being coincidental not keep identical order, the Registrar will convene stakeholders in order to achieve agreement that determines the entitlements that have to be borne by the estate and the registration priority among them.
6th. If all appear and unanimously agree corrections which, in his view, have done, recorder, whenever it deems it legally from operations thus agreed, it shall keep complete agreement, who will sign with the interested parties, and will proceed to cancel history from the registration estate more modern and, if necessary, rectify the oldest, in the agreed form.
Seventh. If any of the interested parties do not appear or, appearing, to formulate opposition at any stage of the proceedings, the Registrar shall be terminated record, leaving documentary evidence from that end and also by a side note of the last registration of domain in every one of the matching actual folios.
In such a case, the promoter of record may bring a lawsuit in declarative judgment against those who had not been brought or had made opposition to the judge of first instance corresponding to the place where the property.
Outside the cases of opposition, against the refusal of the finding of the double registration by the Registrar may be interested brought the resources provided for in this law for the negative rating; being provided to except the Faculty of those interested to go to the corresponding procedure, in defense of their right to the property.
Octave. The marginal notes of double registration on the folios of the affected farms will expire six months from its date, unless preventive annotation, as a result of the presentation in the register of the demand interposed in the corresponding judicial procedure is practiced within that period.
In all cases, shall apply to the seat of presentation and, where appropriate, to the preventive annotation practiced rules on extension or maintenance of force prevented in the case of filing of appeal against the qualification of the Registrar.
9th. In all other cases, provided that will enter into ordinary declarative judgement relative to the domain or any other right inscribable, relative to the same building, will be given immediately closed the file.
2. nothing in this article shall be without prejudice to paragraph 4 of article 37 of law 33/2003 of November 3, the heritage of the public administrations, and other concordant provisions.»
Sixteen. Article 210 is drawn up in the following way: «1. the registration holder of any right appearing registralmente encumbered with charges or rights which have been legally extinguished by prescription, expiry or non-use may request the registration cancellation thereof, through release of liens and record, processed subject to the following rules: first. " It shall be competent for the handling and resolution of the record of the Land Registrar of the district in which the estate is located or most of its surface, in cases in which the farm belong to two or more districts.
The second. The procedure will start by request of the proprietor of the registration of the right taxed or any of them, if they are several, in which the applicant will identify the estate law or assessment whose extinction it is alleged and registration holders, and declare expressly your responsibility, having once the period of prescription, expiry or not use prevented in the law for the extinction of the right as well as the lack of interruption or suspension of the period.
Third. Presented the letter, the Registrar will be mentioned personally registration holders of charges whose extinction is requested or to his successors in title, if they were known, in the form prevented this law.
-Fourth. In the period of fifteen days from notification or, in the absence of the same, since the publication of the corresponding publication in the "official bulletin of the State", may appear registration holder of the charge or encumbrance, opposing the request. The successors in title of the registered owner, may also formulate opposition provided that at the same time submit your title of acquisition, obtaining the registration thereof within the period of validity of the corresponding presentation seat.
If the above appear, and currently chosen cancellations, is practice if they were coming.
Fifth. If any of the interested parties do not appear or, appearing, to formulate opposition at any stage of the proceedings, shall issue the Registrar resolution which put an end to the record, leaving documentary the end through Act evidence, leaving the parties reserved action that applicable, for which the courts decided on the termination and cancellation of the charge or encumbrance in the corresponding procedure.
6th. Outside the cases of opposition, to the refusal of the request of the promoter by the Registrar, may be interested brought the resources provided for in this law for the negative rating.
Apply, what ever the started procedure, rules prevented in the mortgage law for the extension of the seat's presentation.
Seventh. In all other cases, provided that will enter into ordinary declarative judgement relative to the domain or any other right inscribable, relative to the same building, will be given immediately closed the file.
Octave. However the provisions of the preceding paragraphs, concerning rights of option entries, may cancel is directly, at the request of any interested party and without processing the case, conventional retracts and could exercise any other rights or powers of legal settings, after five years from the day they beat the term that, according to the register, , whenever not record annotation preventive of demand or another seat that indicate having is exercised the right, modified the title or formulated claim judicial on its compliance.
Them inscriptions of mortgages, conditions pledges and any others forms of warranty with effects real, when not record in the record it date in that due produce is the payment full of the obligation guaranteed, may also cancel is to instance of any interested when have elapsed twenty years from the date of the last seat in that record it claim of the obligation guaranteed or , failing that, forty years since the last seat relative to the ownership of own warranty.
Similarly, at the request of a person with a legitimate interest, the entries relating to censuses, forums and other charges of a similar nature, established for an indefinite time, may be cancelled when sixty years have elapsed since the expansion of the past relating to the same seat.
«2. for it cancellation of a seat relative to a concession administrative registered registralmente, will be enough with the presentation to the record of the property of certification issued by it administration public holder of the property in which is accredits the extinction of such award».
Second article. Modification of the text revised of the law of the cadastre real estate, approved by Royal Decree legislative 1 / 2004, of 5 of March.
Amending the consolidated text of the law of the real estate cadastre, approved by the Royal Decree 1/2004, of 5 March, in the following terms: one. Amending paragraph 1 of article 3, which is drawn up in the following way: «1. the cadastral description of real estate shall include physical, legal, and economic characteristics between that location and the cadastral reference, surface, use or destination, the kind of cultivation or exploitation, quality of constructions, graphical representation, the rateable value and cadastral holder will find» with tax identification number or, where appropriate, number of identity. When the properties are coordinated with the property registry this circumstance will be incorporated along with your registration code.»
Two. Amending paragraph 2 of article 5, which is drawn up in the following way: «2. in each municipality an expert Board may be constituted to intervene, as an organ of advice, support and collaboration in the processing of cadastral procedures affecting real estate rustic. " The composition and functions of the expert boards shall be regulated by law.»
3. Amending paragraph 2 of article 6, which is drawn up in the following terms: «(2. Tendrán también la consideración de bienes inmuebles: a) different proprietary elements that are capable of independent use, subject to the special horizontal property regime, as well as the whole constituted by different proprietary elements mutually linked and acquired in unit of Act and, under conditions to be determined by regulation» the storage space and the undivided Pro parking spaces attached to exclusive and permanent enjoyment of a headline. The attribution of the elements common to the respective properties, for the sole purpose of its cadastral valuation, will take place in the form determined by law.
(b) those covered in the article 8 of this law.
(c) the spatial scope of a surface right and of an administrative concession on real property or on public services that are affections, unless given the cases referred to in the previous letters."
Four. The letter b is modified) of paragraph 2 of article 7, which is worded in the following way: «b) lands having consideration of building or those for which approved territorial and town planning instruments provide for or permit their passage to the situation of urban land, whenever are included in limited space areas or sectors and detailed or advanced management determinations have been established for them «, in accordance with the applicable town planning legislation».
5. Modifies article 9, which is drawn up in the following way: «article 9. Cadastral holders and representation.
1 cadastral holders are the natural and legal persons of high in the real estate cadastre by bear, on all or part of a property, the ownership of any of the following rights: to) full or less full property rights.
(b) administrative concession on property or public services that it is affection.
(c) right of surface.
(d) right of usufruct.
2. when full ownership of real property or a right limited to that referred to in the preceding paragraph belong undivided pro to a plurality of persons, land ownership will be to the community constituted by all of them, which shall be recorded under the name resulting tax identification or, failing that, enough descriptively. They will also have consideration of cadastral holders each of the comuneros, members or participants of the above entities, their respective fee.
3. when one of the rights referred to in paragraph 1 are common to both spouses, in accordance with the provisions or regulatory pacts of the corresponding marital economic regime, cadastre ownership shall correspond to both and be attributed by half to each of them, unless another participation fee is justified.
4. in the event of a discrepancy between the property owner and the corresponding right according to the land registry on farms for which record the cadastral reference when registering, will be considered, for the purposes of the cadastre, ownership resulting from that, unless the document date that occurs the incorporation to the cadastre is after the title registered in the land registry.
5 a effects of its relations with the land registry, cadastre holders shall be governed by the following rules: to) when there are several property owners in a same building, they shall designate a representative. In the absence of express designation, shall be deemed as such must demonstrate that the condition of taxpayer in the tax on real estate or, if available, preferably to the substitute of the taxpayer. If standing in this condition a plurality of rightsholders, the representation will fall on any of the comuneros, members or participants.
b) when land ownership of the real estate corresponding to the two spouses, shall be presumed granted representation indiscriminately to any of them, unless there is express manifestation in contrary.
(c) in other cases, or when there is an entity without personality, representation shall be governed by the provisions in the law 58/2003, of December 17, General tax.
«This paragraph shall be without prejudice to the right of the members to be informed at all times of performed actions in relation to the property, as well as the resolutions that could be taken.»
6. A new paragraph 3 shall be added to article 11, which is drawn up in the following terms:
«3. in the case of farms that have been subject to coordination under the mortgage law, coordinated graphic description, will be considered, for the purposes of the survey, unless the document date that occurs the incorporation to the cadastre is posterior to the coordination.»
7. Amending article 13, which is drawn up in the following terms: "1. are statements that manifests or documents recognised before the real estate cadastre determining conditions of a high, low, or modification of the cadastral description of real estate have been.» Statements will be made in the form, time limits, models and conditions to be determined by the Ministry of finance and public administration.
2. the holders of the rights referred to in article 9 are subject to the obligation to formalize the leading statements to the incorporation in the real estate cadastre of real estate and its alterations, except in the case of communication provided for in this chapter. They are also obliged to collaborate with the real estate cadastre providing much information is really accurate for its management, either in General, or at the request of the competent bodies of that as stipulated by law. «When several were the forced to declare an same event, act or business, the obligation by one, accomplished by all means.»
8. Letters are changed to) and d) article 14 and added a new letter e), being drafted in the following way: «to) information that the notaries and registrars of property must submit pursuant to article 36, as relates to documents they authorized or registered content involves the acquisition or consolidation of the property , or the acquisition or establishment of usufruct rights, surface or of an administrative concession, as they relate to the whole of the property or an undivided share thereof previously incorporated in the land registry, provided that stakeholders have contributed the cadastral reference in the terms that referred to in title V and formalize in a public deed or prompted for your registration in the land registry.
Also will provide communication information that notaries should be addressed concerning segregation, division, aggregation or grouping of real estate, provided that carried out the actions foreseen by paragraph 2 of article 47, stating the cadastre of real estate affected reference, there is correspondence between the real estate subject to such action and the description contained in the cadastre, is providing the plane «, represented on the cartography cadastre, that allow the identification of those alterations.»
'(d) the information with cadastral significance that must send the State tax administration agency to the cadastre, in the cases and conditions to be determined by regulation, which is knowledge through application procedures of taxes, allowing for complete ownership of the properties registered in the land registry with others of the spouse and the Communards participation fees members or participants in communities or entities without personality, as well as to the identification data, address Prosecutor and declared place of usual residence of cadastral holders, irrespective of the date of completion of acts, facts or relevant legal business.
(e) the information with cadastral significance that must send the Ministry of agriculture, food and environment, relative to changes in crops or exploitations of rustic property, which is knowledge due to requests for aid of the common agricultural policy."
9. Amending article 15, which is worded as follows: «article 15. Addition request procedure.
«You can make request in the real estate cadastre, which will be accompanied by the appropriate supporting documentation, who, appearing as cadastral, had ceased on the right that originated such ownership.»
10. The letters are modified e) and f) of paragraph 2 of article 16, which are worded in the following terms: «e) the creation, modification or acquisition of the ownership of an administrative concession and the real rights of usufruct and surface.
(f) changes in the participation fee that corresponds to each spouse in the common real estate, as well as the internal composition and the quota of participation of each of the comuneros, members and participants in the event of concurrence of several holders or existence of entities without personality referred to in article 9.»
Eleven. (Letters c change) and d) of paragraph 2 and paragraph 3, and added a new paragraph 4 to article 18, in the following terms: «c) if the licensors did him the existence of a discrepancy between the physical reality and the cadastral certification, the notary shall request accreditation by any means test admitted in law.» When the notary understand enough accredited it existence of the discrepancy it will notify to them holders that are of it willing in the paragraph 4 of the article 9 that, in its condition of adjoining, could result affected by it rectification, so in the term of twenty days can claim what to your right agree. (Of not manifest is opposition to the same, the notary will incorporate the new description of the well property in the same document public or in another rear authorized to the effect, in the form established in the letter b) previous.
The notary shall inform the General direction of the cadastre on the rectification performed by electronic means, within a maximum period of five days from the formalization of the public document. Once validated technically by the aforementioned Directorate-General declared rectification, corresponding alteration in the cadastre will be incorporated. In them alleged in that is contribution the flat, represented on the cartography cadastral, the alteration is held in the term of five days from its knowledge by the cadastre, so the notary can incorporate in the document public the certification cadastral descriptive and graphic of them estate affected that reflects your new description.
(d) in cases to some of the interested State his opposition to rectify the discrepancy or when this not prove properly accredited, the notary shall recorded it in a public document and, by telematic means, inform their existence of the cadastre General Directorate so that, where appropriate, the proceedings right.'
«3. the General Directorate of the cadastre may rectify ex officio the information contained in the cadastre database when the rectification is derived from one of the procedures in coordination with the land registry referred to in article 10 of the mortgage law, in which other means other than the cadastral maps have been used for the graphic description of the farms.
For this purpose, once processed the corresponding procedure in accordance with the mortgage regulations, the Registrar shall inform the General direction of the cadastre on the rectification made, by electronic means and within a maximum period of five days from the registration. Once validated technically by the above-mentioned Directorate-General shall be corrected in the land registry. Of the cadastre General Directorate inform the incorporation the property registry together with the descriptive and graphical certification up to date so that this gives the circumstance of coordination and join the Royal folio new graphical representation of the same.
Through this procedure shall not incorporate into the real estate cadastre no cadastral alteration that should be object of communication procedures regulated in article 14.
4. the General Directorate of the cadastre may rectify ex officio the information contained in the cadastre database insofar as it is necessary to make corrections of surface within the technical tolerance which is defined by law as well as to reflect changes in postal identifiers or mapping, or when other general operations are carried out legally foreseen, having intended maintain adequate concordance between the cadastre and real estate reality.
Where general operation consists in the correction of the description of the property to be carried out on the occasion of adjustments to the official basic mapping or the registered in the Central Register of cartography orthophotos will be electronic based in the General direction of the cadastre the initiation of the procedure for rectification by mapping settings in the affected municipalities and schedule of performances. After this announcement opens a period of public exhibition in the city where the real estate is located for a minimum of fifteen days and the subsequent opening of the allegations during the following month period. When as a result of these actions occur rectifications exceeding ten percent of the surface of the buildings, resolution that approved the new cadastral features, which will be effective the day following the one in which would have dictated, will be notified interested parties in accordance with the provisions of article 29, the announcement referred to in paragraph 1 of that article being not necessary.»
12. Amending article 24, which is drawn up in the following way: «(1. La determinación deel valor catastral, salvo en los supuestos a los que se refieren las letras c) (, d)(, g) and h) of paragraph 2 of article 30, shall be carried out through the application of the corresponding values paper.»
2. any addition or modification in the real estate cadastre practiced under the procedures provided for in this law, will include, where necessary, the individualized determination of the rateable value of the property affected in accordance with its new features. The cadastral value is determined through the application of the current presentation of values in the municipality in the first period of effectiveness of the addition or modification of the registry or, where appropriate, by the application of the modules laid down for the exercise referred to the simplified procedure for the collective evaluation.
Provisions of the preceding paragraph is understood without prejudice to the application of further presentations of modules or values to affect the property and update coefficients established by successive laws of General State budgets.»
13. The letter b is modified) of paragraph 2 of article 26, which is worded in the following way: «b) partial, when they confine to the properties of a class of some or several areas, polygons discontinuous farms or properties with design features that require their singular assessment according to that which is determined according to the rules.»
Fourteen. Amending paragraph 3 of article 27, which is drawn up in the following way: «3. agreements of approval of the papers of values shall be made by publication in the electronic office of the cadastre Directorate General.»
The publication of such agreements, indicating at least the place and time of exposure to the public of the papers to which they refer, will be held before 1 July of the year in which are taken, in the event of total papers, and before 1 October, in the case of papers partial and special values.»
15. Amending paragraph 1 of article 29, which is drawn up in the following way: «1. general and partial collective assessment procedures will begin with the approval of the appropriate presentation of values, except when in the case of a partial presentation of values of national scope that is limited to urban or rural properties with design features that require their singular assessment.»
The resulting individual cadastral values of these procedures may notify cadastral holders by electronic notification, face-to-face appearance or personal and direct notification by non-electronic means. In the case of immovable property that correspond to a same land holder, these individual values can grouped into one or more notifications, when efficiency reasons to do so and it is technically possible.
«He pending of the notification is start through the publication of an ad in the headquarters electronic of the address General of the cadastre.»
Sixteen. Is modifies the article 30, that is drafted of the following mode: «1. the procedure simplified is start through agreement that is published by edict in the headquarters electronic of the address General of the cadastre and not will require the elaboration of a new presentation of values.»
2 this procedure shall be governed by the following rules: to) when I had because a modification of planning that varies the urban real estate management, keeping the previously fixed applications, will be determined the new cadastral values of farms affected by application of the value picked up for such uses in the existing presentation in accordance with the above planning parameters.
(b) when I had due to a change in planning which vary the use of real estate, such assets will be valued taking as land value the minimum that corresponds to its new use, than those provided in the assessment of the existing paper in which they are located or, in the absence of the same, the minimum for such use from those included in the mentioned paper. This assessment must respect in all case the criteria of coordination of values of the municipality.
((c) when, on the occasion of the modification or development of the planning, them soils acquire the consideration of soil of nature urban of conformity with it willing in the letter b) of the paragraph 2 of the article 7, may be valued by the application of them modules specific for them different uses that is established by order of the Minister of Hacienda and administrations public.
d) may apply the assessment procedure provided for in the preceding paragraph when in the soils referred to in point (b)) of paragraph 2 of article 7, values that served as the basis for the determination of its cadastral values do not correspond to specific modules set out in the above order.
((e) when, on the occasion of the modification or approval of planning, soils acquire consideration of soil of urban nature in accordance with the provisions of the letter a) of paragraph 2 of article 7, shall be valued taking as the value soil minimum than anticipated in the current presentation for the use in question, without prejudice to the consideration , in your case, pending for urbanization. This evaluation shall comply in any case coordination of the municipality values criteria.
((f) starting from the time of adoption of the corresponding project of subdivision or other instruments of urban management, the resulting plots located in the soils referred to in point (b)) of paragraph 2 of article 7, it may rating taking as the value soil that corresponds to your new State of development and in accordance with the above criteria.
((((g) when, on the occasion of the cancellation or modification of the planning real estate soil lose consideration of soil of urban nature, not being included in the cases collected in the c's), d), e)) and (f) of paragraph 2 of article 7, may assess as a rustic estate, considering, where appropriate, its location.
(h) when, on the occasion of the adoption or modification of territorial and town planning instruments to be classified as developable land or expected or permit their passage to the situation of urban land and be included in sectors or areas of space delimited, and as not have determinations of detailed or detailed planning, rustic buildings affected will be valued considering , in any case, its location.
3 taught acts as a result of the regulated procedures in this article shall be notified to the interested parties in accordance with the provisions of article 17 and shall be effective, regardless of the time in which occurs the notification of its decision, on 1 January of the year following that in which any place the approval, amendment or cancellation of the instrument of management or urban management that bring causes (, except in the case referred to in point (d)) of the previous paragraph, which will be effective on January 1 of the year in which the procedure is started.
In any case, the maximum period in which the express resolution must notify will be six months counting from the date of publication of the start agreement. Maximum period of notice of non-compliance with will determine the revocation of the procedure with regard to the properties affected by the breach without to the expiration of the procedure or the ineffectiveness of the proceedings with respect to those duly notified."
Seventeen. Amending paragraph 2 of article 36, which is drawn up in the following way:
«2. administrations and other public entities, public notaries and who, in general, exercise public functions they will be obliged to supply to the real estate cadastre, in the terms provided for in article 94 of law 58/2003, of December 17, General tax, how much data or relevant background for its training and maintenance are collected by this, either through provision of a general nature» , well through requirements specific. To such end, will facilitate the access free to such information in those terms that end up of indicate is, through media telematic.
In particular, local authorities and other administrations involved shall provide to the General direction of the cadastre, in terms that implementing regulations shall determine, information that magazine significance relative to management and to the tax administration of the tax on real estate, as well as the planning and urban management for real estate cadastre, parcel concentrations, administrative boundaries, and compulsory purchase. Also the competent public administrations shall send to the General direction of cadastre information obtained on the occasion of the management of agricultural aid on the rustic property which magazine transcendence for real estate cadastre.»
Eighteen. (Is modifies it letter b) of the paragraph 1 of the article 53, that is drafted as follows: «(b) for the identification and description of them farms, as well as for the knowledge of them alterations cadastral related with them documents that authorize or them rights that register or for which is request your granting or registration, by them notaries and registrars of it property» , in accordance with the provisions of this law and mortgage legislation. Also notaries have access to cadastral arrangements derived from these changes for delivery, where appropriate, to interested parties.»
Nineteen. Amending the fourth additional provision, which is worded in the following way: «fourth additional provision. Assessment of structures essential for the development of agricultural, livestock and forestry farms located on rural land.
In those municipalities that receive a procedure of estimation collective of general character subsequent to January 1, 2006, from the publication of the resolution refers to which paragraph 2 of the third additional provision, be determined a new rateable value for those properties which, according to the previous law 48/2002 regulations of 23 December, the real estate cadastre, have rustic nature and have structures essential for the development of agricultural, livestock and forestry holdings.
These values, while the new regulations of valuation of rustic buildings, are not approved will be obtained by the application of the rules contained in the first transitional provision, concerning the presentation of values existing in the municipality.
Values will be effective 1 January following that of publication of the above-mentioned resolution, regardless of the date on which it is notified".
Twenty. New wording is given to paragraphs 1 and 2 of the first transitional provision, which are written in the following terms: «1. immovable rural and urban classification established by this law shall be applicable as from the first procedure for the collective evaluation of general character that occurs subsequent to January 1, 2003, maintaining up to that time the properties that appear or occur high in the cadastre nature than them» It would be in accordance with the previous regulations to the law 48/2002, of 23 December, of the real estate cadastre, without prejudice to the provisions of the seventh transitional provision.
However as provided in the preceding paragraph, the constructions located on rural land that are not indispensable for the development of agricultural, livestock and forestry holdings, will maintain its urban nature until the realization, after the January 1, 2006, of a procedure for the collective evaluation of general character, what ever kind of property to which this refers , or partial character that explicitly includes them.
In these cases will be simultaneously determined a new rateable value for all those properties that have a construction in soil of rustic nature, with the exception of those whose value has been determined in accordance with the fourth additional provision of this law. These values, while the new regulations of valuation of rustic buildings, are not approved will be obtained by the application of the following rules: to) the value of the soil of the area occupied by the buildings shall be determined by application specific modules that are approved by order of the Minister of finance and public administration.
(b) the value of the construction is found by application of identical rules that are determined to obtain the value of the constructions of urban real estate in the presentation of values which brings cause collective valuation procedure.
(c) the rateable value of the property will be the sum of two components, of which the first shall be calculated by the sum of the resulting values of the above rules affected by the coefficient of reference to the prevailing market for urban real estate, and the second will be made, where appropriate, by the current rateable value of the soil of the property not occupied by buildings.
In the absence of specific legislation, the procedure of determining the rateable value and the taxable base of the tax on real estate property of the rustic buildings referred to in this section will be of application regulation of the procedure for the collective evaluation of character general or partial, especially with regard to the competition for the determination of rateable value and the taxable base to the realization of the hearing procedure, notification and effectiveness of cadastral values and payable basis and challenges to acts that are handed down.
In the municipalities which can perform the procedure of valuation collective referred to in this paragraph and until it enters into force the aforementioned regulatory development, these same rules shall apply to the valuation of variations that are experiencing the constructions on rural land, both to new buildings on the same lift.
2. real estate special features which, at the entry into force of the law 48/2002, of 23 December, the real estate cadastre, brand in the real estate cadastre under its previous nature, remain, until the entry into force of the new resulting values of the special papers which will be adopted by December 31, 2007 your rateable value without prejudice to its update as appropriate, as well as the assessment regime.
Joining the real estate cadastre of the remaining property which, in accordance with this law, have the status of real estate's special features shall be prior to December 31, 2005.»
Twenty-one. Modifies the second transitional provision, which is worded in the following way: «1. provisions in title II of this law for the determination of the cadastral value is faulty on the rustic property until the date of his application is established by law. "
Until then, the rateable value of the concerned property will result from capitalized at three per cent the amount of current payable basis for the levying of the contribution Territorial rural and livestock for the year 1989, obtained through the application of the types evaluatorios of this contribution, extended pursuant to Royal Decree-Law 7/1988, of 29 December urgent certain tax rules or which have passed subsequently to replace them, and without prejudice to its annual update through adaptation and extension the coefficients established and which established the laws of the State budget, once incorporated the cadastral changes that have experienced or experience in each fiscal year.
2. Notwithstanding the provisions of the preceding paragraph, dealing with rustic buildings whose floor has been classified as land by territorial and town planning instruments approved or when they provide for or permit their passage to the situation of urban land, provided that inclusion in sectors or areas of space delimited and both do not have detailed or advanced management determinations the cadastral valuation will be made by the application of the modules which, depending on its location, established by order of the Minister of finance and public administration.
Insofar as is dictates this ministerial order, the rateable value of the soil on the side of the property affected by such classification and not occupied by buildings, will be the result of multiplying the above-mentioned surface by the unitary value of applying a coefficient of 0.60 to certain unit value of soil modules for each municipality for non-residential or industrial applications According to articles 1 and 2 of the order EHA/3188/2006, of 11 October, which determine the modules of valuation for the purposes of the provisions in article 30 and the first transitional provision of the revised text of the law of the land real estate, approved by Royal Legislative Decree 1/2004, of 5 March , and by the reference to 0.5 market coefficient.
These criteria shall apply to the rustic buildings affected from the first simplified procedure of collective evaluation which begins subsequent to the entry into force of the law 13/2015, June 24. reform of the mortgage law, approved by Decree of 8 February 1946 and the revised text of the law of the real estate cadastre, approved by Royal Legislative Decree 1/2004, of 5 March.»
Twenty-two. Amending the seventh transitional provision, which is worded in the following way: «seventh transitional provision. Transitional regime for the implementation of the modification of the letter b) of paragraph 2 of article 7.
The changing nature of urban real estate whose classification does not correspond with the letter b) of paragraph 2 of article 7 in the wording given to it by the law 13/2015, June 24, from reform of the mortgage Act, approved by Decree of 8 February 1946 and the recast of the real estate cadastre Act approved by Royal Legislative Decree 1/2004 March 5, will be applied from the first simplified procedure for the collective evaluation that is initiated subsequent to its entry into force. For this purpose councils shall provide to the General direction of cadastre information on soils that are affected. This procedure will adjust to the letter g) of paragraph 2 of article 30, with the exception of its effectiveness, which will take place on January 1 of the year in which that procedure is started.
Them estate rustic that to the entry in force of the 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 it law of the cadastre real estate approved by Real Decree legislative 1 / 2004, of 5 of March, is are in the situation planned in the paragraph 2 of it available transient second «(, is may rating in accordance with the criteria contained in said paragraph through the procedure simplified of valuation collective planned in it letter h) of the paragraph 2 of the article 30, with exception of its effectiveness, that will have place the 1 of January of the year in that is start said procedure.»
First additional provision. Registry computer application.
1. that the General Directorate of registers and notaries may homologate the registry computer application for the treatment of graphic representations, referred to in article 9 of the mortgage law, such application or geographic information system shall allow, through online web mapping services, link and interoperate visually, as well as analysis of contrast , with the cartography elaborate by the address General of the cadastre and with those others cartographies or planimetries, duly georeferenced and approved officially by them different administrations competent in matter of territory, domain public, urbanism or environment, that were relevant for the knowledge of the location and delimitation of them property of domain public and of the scope and content of them limitations public to the domain private.
2. for the approval of the application computer to is concerns the number previous, it address General of them records and of the notarized must collect the report of the Ministry of Hacienda and administrations public and of them ministries with competition on them materials to is concerns the paragraph previous.
3. the College of Spain commercial and property registrars must submit the application for approval of the new registry computer application referred to in this additional provision within the period of three months from the adoption of the joint resolution of the General direction of the registers and the notaries and of the cadastre General Directorate provided for in paragraph 6 of article 10 of the mortgage law. While such approval has not been obtained, this new application may not be used.
Second additional provision. Ads and edicts of obligatory publication in the «Official Gazette» registrars.
Ads and edicts that the registrars of property, commercial and movable property, as well as notaries, be published in the «Official Gazette» on a suppletive basis when, in procedures that involved by reason of their office, stakeholders are unknown, they ignore the place of notification or, personal notification would have been unsuccessful after two attempts, they will have the planned treatment in the additional provision twenty first of law 30/1992, of the legal regime of public administrations and common administrative procedure.
Third additional provision. Media.
The measures included in this law may not assume increased allowance or remuneration of other staff costs.
Fourth additional provision. Special statutory regimes.
It provisions in this law will be of application in all the territory national, without prejudice of it planned in those regimes deputations special force.
In the territory of the autonomous community of Navarra, references that this law makes of the cadastre General Directorate, in terms of relations and communications of the records of the property with it, shall be referred to the registration of the Territorial wealth of Navarre or, where appropriate, to the body that will replace it.
Fifth additional provision.
1. them municipalities, in the term of three months from the publication of this law, put to available of them registrars, for its incorporation to it application computer auxiliary to is refers the article 9 of the law mortgage, an access through service of maps web to all them plans urban General and of development, properly georeferenced and metadatados, as well as to their modifications approved definitely and in force.
2. exceptionally, those municipalities that could not meet the provisions of the preceding paragraph for lack of technical or budgetary availabilities, shall notify as well the Association of registrars in the referred period and, in any case, put at the disposal of the Association of registrars, so in turn do so to the territorially competent Registrar, a specimen certificate and in electronic form all the General urban plans and development as well as its modifications approved definitively and in force, enrolled in the registration of each City Council planning instruments.
Sole transitional provision. Proceedings initiated under the previous regulation.
All procedures regulated in Title VI of the mortgage law, as well as derivatives of cases of double registration that are initiated at the date of entry into force of this law, will continue to be processed until its final resolution in accordance with the former regulations. For the purposes of the registration to get picked up in article 205 or 206 article procedure, be taken only this procedure started if at the date of entry into force of the present law was presented the title public inmatriculador in the registry of property.
Sole repeal provision. Repeal legislation.
They are hereby repealed many rules oppose provisions of this law and, in particular: 1. paragraphs two, five, six, seven, eight, nine and ten of article 53 of the law 13/1996 of 30 December, fiscal measures, administrative and social order.
2. the available additional thirty fourth law 2/2004, of 27 December, General State budget for the year 2005.
Available end first. Modification of law 33/2003 of November 3, heritage of the public administrations.
Paragraph 3 of article 37 of law 33/2003, 3 November, heritage of the public administrations, is with the following wording:
«3. in addition to the means provided for in article 208 of the mortgage law, the certification referred to in article 206 of the law will be valid title to resume thereafter tract interrupted, provided that holders of contradictory entries or their successors in title have not made opposition within thirty days following the day that the Administration had given them transfer of certification proposed sign by personal service or, if not this, via publication of edicts in the terms stated below. If the interested parties are not known, the certification shall be entered when conflicting registrations have more than thirty years old, have not undergone change during that period and edicts published by thirty days communicating the intention of signing the certification on the Bulletin Board of the City Council, and in the "official bulletin of the State", in the autonomous community or the provincial According to which the administration which issued it, unless it has made opposition by who prove to qualify the property. In the certification is will make record the title of acquisition of the well or right and the time that leads the Administration holder in the possession peaceful of the same.
«The inscriptions practiced in this way will be affected by the limitation of effects established in the article 207 of the law mortgage.»
Second final provision. Skill-related title.
This law is issued on the basis of article 149.1.8. ª of the Constitution, which attributes to the State the exclusive competence in relation to the management of records and public instruments. He is excepted from the above the second article, which dictates under cover of the provisions of article 149.1.14. ª of the Constitution.
Third final provision. Resolution joint.
Before the 1 of November of 2015, the address General of the cadastre and the address General of records and of the notarized will dictate the resolution joint to is concerns the paragraph 6 of the article 10 of the law mortgage.
Available to finish fourth. Registration certificate of the cadastral reference.
For the purposes of the application of the presumption referred to in paragraph 5 of article 10 of the mortgage law, shall not be considered sufficient verification or validation has been completed by the Registrar, in accordance with the second subparagraph of rule 1 of the paragraph 5 of article 53 of the law 13/1996 of 30 December fiscal measures, administrative and social order, for the sole purpose of to put on record the cadastral reference aside from the inscription of the property.
Fifth final provision. Entry into force.
This law shall enter into force on November 1, 2015.
Still, shall enter into force the day following its publication the following precepts: a) the paragraph 12 of article 1 of this law that gives new wording to article 206 of the mortgage law.
(b) the second article of this law, amending the consolidated text of the law of the real estate cadastre, approved by Royal Legislative Decree 1/2004, of 5 March.
(c) paragraph 2 of the sole repeal provision.
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this law.
Madrid, 24 June 2015.
The Prime Minister, MARIANO RAJOY BREY
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