If you have decided to sell your property, please pay attention to the following information:
1.- CHECK THE DESCRIPTION OF YOUR PROPERTY IN THE PROPERTY DOCUMENTS
PROPERTY ON DEEDS: Check in the property deeds that the property appears described correctly. Property deeds must have a perfect description of the construction or constructions on the property.
It is quite common that properties which have been owned by different owners for many years, have been modified with extensions (a new room, closing the porch or terrace, etc.), or with new constructions (a garage, a pool, a guest house).
If the real size and constructions do not make coincide with the description in the deeds do not be worry! there are processes that can be done and ways to sort it out!. But you must know them in the same moment in which you take the decision to sell.
For example: I have a 120m2 house with a 50 m2 pool and a garage converted into a guest house. In the deeds the house only appears as 120 m2, but not the pool, and the garage is a “garage” not a guest house. The deeds must be updated.
NOTE: We are not talking about the internal description of the house, just the perimeter of the property known as “built size” (in Spanish, “superficie construida”). It is not necessary that the deeds show the real description or distribution inside the house. If you have modified the interior of the property by changing inside walls, then will not be necessary to update the deeds, it is enough to declare upon completion to the notary. For example, the deeds show that there are 4 bedrooms and you converted them into 2 when you bought the property. In this case it is not necessary to update the deeds. As the owner, you have the freedom to reform inside the property
PROPERTY IN CATASTRO (also known as “SUMA” or “IBI”, or “COUNCIL TAX”): In the same way as in the deeds, the property must be registered in “Catastro”(SUMA) as it is in real. Every year SUMA bills show the actual size of the property. You must check then if the Catastro records show the actual size of the property, including whatever modifications or extensions have been done.
Remember that Catastro office calculate the Council Tax following the size of the property, taking into account all of the construction components like the house, pool, garage, etc. If you have made extensions on the property, and you have not informed Catastro office, the right moment to do it is when you decide to sell.
NOTE: Please, follow this example: You purchase the property in 2006, and in this moment the property was a 120m2 house. This is what was also shown in the deeds and in the SUMA (Catastro) bill. For this reason the SUMA bills (IBI) were 300 EUR.
In 2007 you built a 50 m2 pool and a 40 m2 garage. You did not declare them to SUMA. If you had done the bills from SUMA would have been increased from 300 EUR to 350 EUR (approximately), 50 EUR more due to the new constructions.
Now if you would like to sell your property you must update the information registered in the Catastro Office . You can then inform the Catastro Office about the extensions that you have made and then, they can ask you to pay the 50 EUR (aprox) difference for the non-declared extensions up to the date in which they were built (2007, in this case).
QUESTION: I have extended my property during the time in which I have been the owner, or, simply, my deeds and the Catastro Office do not make coincide with the real size of my property. How do I sort it out?