Whether you are selling, purchasing, or building a property or real estate in Spain, you may have doubts regarding the calculation of surfaces in the Property Registry and the Land Registry.
THE CALCULATION OF THE SURFACE OF A PROPERTY IN SPAIN, IN THE PROPERTY REGISTRY AND LAND REGISTRY
Must square meterage coincide in both registries?
In previous entries we have explained the duality of registries in Spain. A frequently asked question is whether the surface of a property must coincide in both registries.
The answer may be somewhat confusing or vague, as the premise is that both registries have different origins and purposes, so it is common that the square meterage in each registry does not coincide with one another. While it is a fact that, for example, in the Land Registry some elements such as terraces, porches and balconies usually compute at 50% (that is, they compute as half of the external gross area), it is also true that there are some legal limitations regarding the maximum difference that there may be between the surfaces stated in each registry (which is usually around 5-10%, depending on the case or the type of property).
What must I do if the meterage does not coincide?
Each case may require a different solution, depending on the case or difference between meterage, as it will also affect the real surface of the property (when the topographic report is available) or, for example, if we are talking about external gross area or internal gross area.
Different solutions may apply, some examples of which are: declaration of new construction (to build the external gross area to be registered in the Property Registry), rectification of the registered area (to adapt the surface meterage of the plot).
For this reason, if you are going to purchase or sell a property in Spain and think this obligation may be applicable, we recommend that you contact a lawyer who will inform you about how to solve this situation before formalising an agreement.
Remember that this information is generic and each particular case must be studied individually, so we recommend you seek legal counselling for your sale or purchase in Spain.
