Certifications

Spanish Law 13/2015 states that in order to enter a property on the Properties Register graphic evidence must be provided. This consists of a plan of the property stating the georeferenced coordinates of its vertices.

The cases when a graphic representation must be provided are listed below:

• When a property is first included on the Property Register (immatriculation).

• When the physical description of the property is altered (division, re-division, plot concentration, segregation, separation, grouping or aggregation, forced expropriation or demarcation).

• All other cases involving additional details to the description included on the Property Register.

• Finally, all those cases when a building requires inclusion on the Property Register (Statement of Work).

If you have ever read the description of a property included on the Spanish Property Register, then you will have noticed that reference is only made to its boundaries (north, south, east and west). This presupposes that the property is square or rectangular in shape and does not include any irregular perimeter features. Spanish Law 13/2015 stipulates that the property vertices must be indicated – in other words the edges and corners -, thereby allowing for the precise graphic representation of the property, which in turn makes it possible to provide exact measurements of the surface area.

Georeferenced coordinates comprise a reference or location system based on the intersection of two angular coordinates: latitude and longitude. Although this system has been in use since antiquity, modern day georeferencing enables us to determine this point precisely thanks to GPS positioning.

Spanish Law 13/2015 stipulates two types of graphic representation: cadastral (RGC in its Spanish initials) and alternative representation (RGA in its Spanish initials).

Cadastral Graphic Representation is that included in the cadastral description and graphic certification. In this case it must include a digital signature using the Secure Verification Code (CSV in its Spanish initials) corresponding to the Land Register General Directorate. In addition to the usual details, it must also include the plot’s georeferenced coordinates in GML format. The graphic representation held by the Land Register should take preference, provided that it corresponds to the real situation. Should it fail to reflect the physical reality of a property (surface area, boundaries), there are two options: either to process the modification to the Land Register entry or use the alternative form of graphic representation. At JEME we offer you the option of handling the modification to the Land Register entry directly, or carrying out the alternative graphic representation.

The principle advantage is that once the Land Register entry has been adapted to the real situation, they will form an exact match, and the inclusion of the property on the Property Register will be fully coordinated. The greatest drawback is the time involved. Throughout the modification process (which tends to be lengthy and drawn-out) the property cannot be entered on the Register. .

Using the cadastral graphic representation (RGC) may be tempting in order to avoid delays, even though the data included are wrong. If the Registrar does not detect the error, the property will be included on the Register with that description and graphic representation. However, once registered, no corrections may be made, and we therefore advise strongly against this option.

This is a plan drawn up by an expert under his/her responsibility, providing the exact details of a property’s perimeter and surface area.

It must be drawn up by a qualified expert and included on an automated file in GML format. The data must match the property description and surface area details and be portrayed on cadastral cartography. The file must be digitally signed and duly authenticated or legalised by a Notary Public or ratified before the Registrar. Furthermore, a graphic validation report drawn up by the Land Register must be attached.

In those cases where the evidence consists of an alternative form of graphic representation (RGA), a graphic validation report issued by the Land Register must also be attached. This is a digital document signed by the Land Register stating that the RGA complies with the necessary technical requirements and is compatible with the graphic representation of the plots recorded with the Land Register.

Reports are issued automatically, as the only process involved is checking that the technical requirements are met as well as compatibility with the adjacent plots included on the Land Register.

LGraphic representation is compulsory whenever a property is first included on the Property Register (immatriculation); when the physical description of the property is altered (division, re-division, plot concentration, segregation, division, grouping or aggregation, forced expropriation or demarcation); when additional details require inclusion in the Land Register or a building is ready for inclusion (Statement of Work). Although this procedure is voluntary in all other cases, at JEME we strongly advise the inclusion of these plans on the Register, as this description would then benefit from Property Register protection.

Either option is valid, except in the case of first-time entries on the Property Register (immatriculation), when cadastral graphic representation is required.

This has been a requirement for all documents presented before the Property Register since 1st November 2015, regardless of the date the document was executed.

This refers to all those cases where a property is entered on the Register for the first time. In such cases, the Spanish Mortgage Law requires the use of cadastral graphic representation (RGC) and that the measurements included therein coincide exactly with those stated on the deeds. This is the only case, namely when the measurements included in the Land Register fail to coincide, that the recommendation is to previously modify the Land Registry entry, as an alternative form of graphic representation is not permitted.

This refers to all those cases where modifications are made to the surface area of the plot entered in the Register. It applies to recording larger (excess areas) or smaller surface areas (reduced areas). In such cases, either cadastral (RGC) or alternative graphic representation (RGA) may be used. In certain cases (depending on the surface percentage susceptible to modification), this representation may not be required, although we advise against this and it will, in all events, be subject to the informed criterion of the Property Register.

This refers to a statement declaring the construction of a building or home that complies with all legal requirements (project, licence, certificates, etc.) or the legalisation of an existing building that was not in possession of said documents. Graphic representation is a requirement for the inclusion of such buildings on the Property Register, regardless of the date of construction or document execution. The occupied plot of land must be duly identified by means of a series of georeferenced coordinates, although in these cases they are not required to be in GML format. Although it is not compulsory, the Register may require the geographical demarcation of the property and its specific location therein, and it is therefore recommendable to carry out these processes simultaneously.

They refer to cases where previously registered properties are modified. This may involve dividing them into two new properties (division), segregating a section to create a new property (segregation), joining two separate properties to form a new one (grouping) or connecting one property to another (aggregation). In such cases, either cadastral (RGC) or alternative graphic representation is compulsory. In the case of segregations, graphic representation is only required for the segregated property, although any other operation carried out on the remainder of the property will also require graphic representation, and it is therefore recommendable to carry out this procedure on both.

1. Simply contact JEME by phone or email, explaining precisely why this type of certificate is needed.

2. A JEME specialist will contact you to arrange an appointment.

3. The georeferenced plan will be generated electronically, together with the Land Register Validation Report, and sent electronically to both the client and the Notary Public responsible for authorising the operation.