A new certificate required for altering your deeds.

More red tape to make simple matters just that little bit more complicated.

Just over recent months there has been a change in the procedure to the adjustment of title deeds. If you own a property in the country side and what is reflected in the deeds is not actually what you have and you wish to have the deeds adjusted there is now a additional certificate which the notaries are obliged to require which is the certificado de estar dentro o fuera de ordenacion (certificate of being in or out of the town halls  building plan PGOU).  It is quite simple to get this piece of paperwork. If you are in the process of having the property registered with the rates office it is most likely that you have most of the papers the town hall requires to produce the certificate.

You will need a applications form that you can get from the planning department at the town hall in your area. They will give you a form to be presented at the bank and indicate the amount to be paid (30€ as is the case of the Orihuela town hall). You will need to state the address of the property and the plot and Poligono.  A PGOU plan obtained at the town hall where you will need to indicate the approximate location of your property. It should not take more than 10 day to receive this certificate but because there is a large influx of people applying to have this certificate the administration office might be  slower and it could take a couple of months.

If you are using a solicitor to administrate this for you should inform him/her of the change in the paperwork. Solicitors do receive constant updates of the changes in law etc. but that does not mean they read them. You might need to ask the solicitor how much it costs to do this extra bit of running around because I do know of a case where the charge for a very simple collection of paperwork incurred a 375€ cost. Most of the solicitors that have a heart for their clients will not charge very much for the little bit of extra work.

If the charge does seem a little excessive then you can always try to do it your self. You don’t have to have a degree in Spanish but a little will help.

The following is a breakdown of the costs of having a property registered at rates office and having the deeds adjusted:-

This is based on a recent widowed client it may cost more if you are a marred couple or if more than 1 person are on the deeds.

Stage 1

Architects Plans…(including certificate of antiquity)……………………………………400€

Official stamp from the school of architects……………………………………………….…60€ Administration (not needed if you do all the visits to the various offices)..…… 100€

Stage two

Notary fee (Callosa de Segura). I.V.A included.……………….………………………..…248€

Translation (not needed if you speak Spanish)………………………………………………75€ 

Land Registry………..………………………………………………………..……….…………..……95€

Taxes of the declared value of pool & out houses etc 1%……………………….………..80€  

Administration (not needed if you do all the work your self)………..……..………….50€

New cetificate of being in or out of ordenation…………………………………………………..30€

 

Total ……………………………………………………………………………………………..……….1138€ 

  • stage one is the registering of the property at the rates office(Catastro)
  • stage two is changing the deeds and land registry.
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About Patrick Vine

I am a Englishman living and working in Spain as a property consultant dealing with the technical and legal aspects faceing the expat communities living in the south Alicante & north Murcia areas. I am married to a wonderfull Spanish girl called Inés and have 3 children. Jessica, Rubén & Joshua.
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