05 Oct What to Do If Your Property Details Are Incorrect in the Land Registry
Having incorrect or outdated information about a property in the Land Registry can cause problems when selling, mortgaging, or transferring the property, and may even lead to discrepancies with third parties. That is why, at Barcelona Flat Hunter, we recommend checking that the registered description of the property matches the relevant documentation and, as far as possible, its physical reality.
The first step is to identify exactly where the discrepancy lies. It may involve, for example, differences in surface area, errors in the description or location of the property, incorrect boundaries, outdated ownership details, or charges that should already have been cancelled.
To carry out this check, it is advisable to compare the title deed with the Land Registry extract or certification and with the information available in the Cadastre. It is important to bear in mind that the Land Registry and the Cadastre are separate institutions, and a difference between the two does not necessarily mean that there is an error in the Land Registry.
Once the discrepancy has been identified, the next step is to determine which documents are required to request its correction. Depending on the case, this may include the title deed, a descriptive and graphic cadastral certificate, technical documentation, or a georeferenced graphic representation of the property.
The procedure will depend on the nature and extent of the correction. Some descriptive changes or minor differences in surface area can be processed relatively easily if they are sufficiently documented and the registrar has no doubts about the identity of the property. In certain cases, Spanish mortgage law allows surface area differences of up to 5% to be corrected, or up to 10% where there is correspondence with the descriptive and graphic cadastral certificate.
Where the discrepancy affects the graphic delimitation, boundaries, or involves a more substantial change, specific procedures before the Land Registry or a notary may be required, potentially including notification of neighbouring property owners. Spanish law also allows certain descriptive corrections to be processed by incorporating a georeferenced graphic representation, even where the difference in surface area exceeds 10%.
For properties located in buildings subject to horizontal property ownership rules, the situation may be different. If the correction affects the description of the individual unit or the building’s master deed, additional documentation may be required and, in some cases, the homeowners’ association may need to be involved.
Correcting Land Registry information is not merely an administrative matter. Having the property accurately described provides greater legal certainty and makes future transactions such as a sale, mortgage, inheritance, or transfer easier to complete.
For this reason, whenever there is a significant discrepancy, it is advisable to first identify the source of the problem and consult the appropriate notary, registrar, or technical professional to determine the correct procedure for the specific case.
If you discover that the details of your property do not match the documentation or its physical reality, identifying the discrepancy correctly and resolving it before starting a property transaction can help avoid delays and complications later on.
