Notaries and Property Registrars
Throughout life there are various circumstances, such as the purchase of a home, the acceptance of an inheritance, etc. for which you will need to go to a Notary and/or a Property Registrar, so that as public notaries they validate the documents they authorize.
notaries
What is the Notary?
The Notary is the public official authorized to certify, in accordance with the law, contracts and other extrajudicial acts, performing a dual function consisting of advising and exercising notarial public faith. The latter is developed by verifying the accuracy of the facts assessed as well as verifying the authenticity and probative force of the declarations of will of the parties in the public instruments authorized by it.
Notaries are organized by Associations, which are coordinated by the General Council of Notaries, which depends hierarchically on the Ministry of Justice. In the Community of Madrid, the collegiate body is the Notarial College of Madrid
When should I go to the Notary?
There are various reasons why you should go to the Notary, such as acquiring a home through a mortgage loan, knowing the property regime of the marriage, claiming the payment of insurance expenses, distribution of an inheritance, etc.
You can choose the Notary you prefer. He will study your case at no cost and will advise you on the most convenient way to treat it, indicating the advantages and disadvantages of each option. He must inform you of the final cost of your deed, act, power of attorney, etc. including taxes, which are regulated by Royal Decree of the Government, in the event that you have to pay them.
If the parties agree, they can go to any Notary, regardless of the situation of the property in the case of a home sale. If there is no agreement, the choice corresponds to who should pay all or most of the notarial costs. Now, if you are an individual who contracts with a large operator (property developer, financial entity, etc.) whoever bears the expenses, you have the right to choose the notary. If this right is violated, do not hesitate to complain to the User Service of the nearest Notarial College.
Useful information
Property Registrars
What is the Property Registrar?
The Property Registrar is the public official of the State, owner of the office in which the registration or annotation of the acts and contracts related to ownership and other real rights over real estate is carried out, as well as those that affect legal persons operating in commercial traffic with corporate form.
At the same time, it is up to you to issue the certifications requested by the authorities and individuals regarding the content of the Property Registry entries.
What documents can be registered?
Public documents, both notarial and judicial and administrative, as well as private documents may be registered in the cases provided, such as, for example, distribution of mortgage responsibilities among several estates or hereditary adjudications with a single heir.
In order to register the document presented, it is necessary that the tax requirements have been met.
How can I register?
As a general rule, to register an asset in the Land Registry, you must present the document in the Land Registry where it is located. To locate the record that corresponds to you, click on the following link Locate your Registry.
The presentation can be made:
- In person, at the corresponding Property Registry.
- By mail (according to the corresponding Registry)
- By fax (according to the corresponding Registry)
- Electronically, through the following link to the page of the Registrars of Spain
Once registered, the seats have no term of duration, the acquired right lasts forever without the need to renew it
The cost of registration is determined by the value given in the document to the property being registered and based on the rates approved by the Government and published in the Official State Gazette.
What is the purpose of registering a property in the Property Registry?
The Registry serves to register and publicize the ownership of real estate and the rights that fall on them, such as mortgages or easements, as well as judicial or administrative resolutions that may affect them, as is the case of embargoes.
In Spanish law, it is voluntary to register, but the advantage of registering in the Registry is that legal certainty is obtained because, once registered, the rights are under the tutelage of the Courts and only what the Registry says is considered true. The registration of real estate facilitates its transmission and obtaining financing at lower costs than would be the case without it.
If you do not register, there is no certainty about who owns it or about the charges that fall on it.
What information can the Property Registries give me?
There are three types of information that can be supplied from the Property Registries.
- Simple notes
- location notes
- Registry certifications
Simple note
The simple note is a concise extract of the content of the entries related to the property, where the identification of the same, the identity of the owner or owners of the rights registered on it, and the extension, nature and limitations of these are stated. Likewise, the prohibitions or restrictions that affect the holders or registered rights will be recorded. The value of the simple note is purely informative.
location note
The location note provides merely instrumental information whose purpose is to facilitate the location of the registry, province and municipality where a certain person has assets or registered rights. similar to the one indicated above in the Search by owner section
In order for the request to be processed, it is necessary to express the interest that motivates the query, so that said expression can be qualified and considered legitimate by the Registrar who will issue the information, as well as so that it remains available to the owner of the property, which in At any time, you may in turn consult the information issued regarding your farms and the alleged causes of interest.
Registry certifications
The Property Registrars are the only officials who have the power to certify what results from the Registry's books.
In the application, the type of certification required must be selected:
- domain certification: includes only the last ownership of the domain that is in force.
- Domain certification and charges: includes, in addition to the domain, all existing charges or encumbrances on the property and that are in force.
How can I request information from the Land Registry?
Going to the corresponding Property Registry, or making the request electronically.
Regulation
RD 140 / 2015 on Notarial Demarcation
Statute of Autonomy of the Community of Madrid (Organic Law 3/1983)
Organic Law 5 / 1998 of reform of the Organic Law 3/1983, of February 25, of the Statute of Autonomy of the Community of Madrid
