Land Registry vs Cadaster in Spain: What Marbella Buyers Need to Know
Two different registers affect your Spanish property. Understanding how they work prevents expensive confusion later.
When buying property in Marbella, you will encounter two distinct Spanish administrative registers that relate to the property: the Land Registry (Registro de la Propiedad) and the Cadaster (Catastro). They are different systems maintained by different organisations with different purposes, and occasional discrepancies between them cause more confusion and legal difficulty than almost any other administrative issue in Spanish property transactions.
Understanding what each register does, what it shows, and why they might differ will help you ask better questions and avoid surprises.
The Land Registry (Registro de la Propiedad)
The Land Registry is the official record of property ownership and legal rights. It records who owns the property, what mortgages or charges are registered against it, what rights of way or easements exist, and the official legal description of the property. It is maintained by the Registrador de la Propiedad, a qualified legal official.
The key document your lawyer requests from the Land Registry is the Nota Simple. This extract shows the current ownership, the registered description of the property, and any encumbrances. It is one of the first things to check when you start looking seriously at a property.
Registration in the Land Registry is not automatic or mandatory in Spain (though it is for mortgaged properties and strongly advisable for all). A minority of properties, particularly older or rural ones, may not be fully or correctly registered. Buying a property that is not correctly registered can create problems on resale and when borrowing against the property.
The Cadaster (Catastro)
The Cadaster is the administrative register maintained by the tax authority (AEAT) for tax assessment purposes. It records the physical description of properties: location, size, construction area, plot area, and a fiscal value (valor catastral) that is used to calculate IBI property tax and other tax assessments.
The Cadaster reference number (referencia catastral) appears on IBI tax bills and on property documents. Every property should have a catastral reference, and it should match the Land Registry entry. The Catastro is searchable online via the Sede Electronica del Catastro website, which shows a basic map and the registered description.
When they do not agree
Discrepancies between the Land Registry and the Cadaster are common and can be significant. The most frequent differences involve the registered size of the property. The Land Registry description may show 90m2 while the Catastro shows 110m2, because at some point an extension was built that was declared to the Catastro for tax purposes but not properly updated in the Land Registry, or vice versa.
More seriously, a property may appear in one register but not the other, or the plot boundaries as shown in the Cadaster may not match the Land Registry description. These discrepancies need to be investigated and ideally resolved before you complete your purchase, because they can create problems in obtaining a mortgage, in future sales, or in planning applications.
What your lawyer does with this
Your lawyer, as part of due diligence, compares the Land Registry entry with the Catastro record and flags any discrepancies. For minor differences in area descriptions, a simple correction declaration by the seller may be all that is needed. For larger discrepancies, the process of aligning the two registers (coordinacion registro-catastro) may take longer and require a surveyor's report.
This is not exotic or alarming. It is a normal part of the buying property in Marbella due diligence process. The important thing is that it is done before you complete, so any issues are the seller's responsibility to resolve before the price is paid.
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Check if it's still free - PlanMarbella.comFrequently Asked Questions
What is a Nota Simple and where does it come from?
A Nota Simple is an extract from the Land Registry (Registro de la Propiedad) showing current ownership, the property description, and any registered charges or encumbrances. It is requested by your lawyer as part of due diligence and is one of the most important documents in a Spanish property purchase.
What is the referencia catastral?
The referencia catastral is the unique identifier assigned to each property in the Cadaster (Catastro). It appears on IBI tax bills and property documents. You can look up a property in the Cadaster using this reference at the Sede Electronica del Catastro online.
Do discrepancies between the Registro and Catastro affect my ability to buy?
They can delay or complicate the purchase if they are significant. Minor differences are common and resolvable. The important thing is that your lawyer identifies any discrepancy before you commit to buying, so the resolution becomes a condition of the sale rather than your problem after completion.