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What it is

Coordination between the Cadastre and the Property Registry

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 13 June 2014. Introduced by: Gobierno.

Official title: Government bill on the reform of the Mortgage Law approved by Decree of 8 February 1946 and of the consolidated text of the Real Estate Cadastre Law, approved by Royal Legislative Decree 1/2004, of 5 March.

Source: Congreso de los Diputados, file 121/000100· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law seeks to have the Cadastre and the Property Registry exchange information securely and in both directions, so that property descriptions match and there is more legal certainty.
  2. Registered properties must include a georeferenced graphic representation, normally the descriptive and graphic cadastral certification, and the record will state whether the property is graphically coordinated with the Cadastre.
  3. Several procedures that previously went to the courts will now be handled by a notary or registrar, such as the dominio expediente to register a property for the first time, boundary proceedings, description corrections and resuming the broken chain of title. Court action remains available if there is opposition.
  4. The special procedure that allowed the Catholic Church to register properties is eliminated, as it is now considered unnecessary.
  5. A new procedure is created to release encumbrances extinguished by prescription, expiry or non-use, and certain entries can be canceled directly: indefinite censos and foros after 60 years, mortgages with no payment date after 20 or 40 years, and options and rights of first refusal after 5 years.
  6. Developable land without detailed planning is classified as rural property and valued according to its location, with a faster simplified collective valuation procedure to update cadastral values.
  7. Updating cadastral data is simplified: the notification procedure is expanded for public administrations and public notaries, and anyone listed as a cadastral holder can request removal from the Cadastre if they no longer hold the right.
  8. The law enters into force on November 1, 2015, although the Mortgage Law reform on registration by public administrations and the Cadastre reform enter into force the day after publication.

Who it affects

  • Owners of properties or apartments: They can add the graphic representation of their property to the Registry, correct descriptions and report changes to the Cadastre with fewer steps.
  • People who want to register a property for the first time: They can use a notarial proceeding without going to court, with notifications to neighbors and public notices.
  • Public administrations: They can register and operate on their properties through administrative certificates, and must provide planning and farming information to the Cadastre.
  • Municipalities: They must make urban plans available to property registrars and supply data to the Cadastre.
  • Holders of old encumbrances on properties: Their extinguished encumbrances can be removed from the Registry through the new procedure or directly once the set periods have passed.

Words worth knowing

Catastro (Cadastre)
An administrative register describing properties (size, use, cadastral value), used mainly for tax purposes.
Registro de la Propiedad (Property Registry)
The official register showing who owns each property and what charges or mortgages it has.
Inmatriculación
Registering a property in the Property Registry for the first time in someone's name.
Deslinde
A proceeding to precisely fix the boundaries between a property and its neighbors.
Tracto sucesivo interrumpido
A situation where the Registry does not show the complete chain of ownership transfers of a property.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced13 June 2014Someone registers the text in the Congreso.
  2. Admitted18 June 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 June 2014Groups propose changes.
  4. Committee5 December 2014A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate25 March 2015The Senate can pass it, amend it or veto it.
  7. BOE11 June 2015It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Jun 2014Sept 2014Dec 2014Mar 201511. 13 June 2014: Presentación22. 18 June 2014: Comisión de Justicia Publicación desde 18/06/2014 hasta 23/06/201433. 18 June 2014: Calificación44. 23 June 2014: Comisión de Justicia Enmiendas desde 23/06/2014 hasta 27/02/201555. 4 December 2014: Comisión de Justicia Mesa - Calificación desde 04/12/2014 hasta 05/12/201466. 5 December 2014: Comisión de Justicia Debate de totalidad desde 05/12/2014 hasta 11/12/201477. 27 February 2015: Comisión de Justicia Informe desde 27/02/2015 hasta 11/03/201588. 11 March 2015: Comisión de Justicia Aprobación con competencia legislativa plena desde 11/03/2015 hasta 25/03/201599. 25 March 2015: Senado desde 25/03/2015 hasta 27/05/20151010. 27 May 2015: Pleno Enmiendas o veto del Senado desde 27/05/2015 hasta 11/06/20151111. 11 June 2015: Concluido - (Aprobado con modificaciones) desde 11/06/2015 hasta 14/07/2015

11 June 2015

How did the plenary vote?

More votes in favour 201 yes · 97 no · 10 abst.

Voted on: Amendments to article one.nine.

This law had 5 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 17 of sitting 270· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), GC-CiU, GUPyD and Popular en el Congreso. Against, most of Socialista and Mixto. 3 deputies voted differently from their group.

By province: in 45 most voted in favour; in 2, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 45
  • Against: 2
  • Tie: 5
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
93 against · 17 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
4 against · 3 abst. · 11 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
7 abst. · 4 did not vote
GUPyD5
5 in favour
Popular en el Congreso185
178 in favour · 7 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Law 13/2015, of June 24, amending the Mortgage Law approved by Decree of February 8, 1946, and the consolidated text of the Real Estate Cadastre Law, approved by Royal Legislative Decree 1/2004, of March 5.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.