[Anonymous]

I’ve got 2 owners who purchased 2 new build properties through a promoter and following some problems with the IBI bills I’ve now noticed the two sets of deeds have the exact same catastral ref.

Not only that, but one owner has paid the ibi for 2 years on the other property and 1 on his. (The ibi bills only come in one of the owners names) The 2 years is going to be refunded in what was said as a few months, yet he still owes 1 year on his own (having thought it had been paid), they are going to charge him interest on this amount.

Has anyone had anything similar and found that they are legally obliged to cancel the interest and put their hands up and say sorry we made a *&(% up.

They said it is his responsibility to ensure he pays his bills for his property….

Can a claim be made say like what is displayed in bars/shops etc for consumer rights etc…?

Thanks for any feedback.

Ian

p.s. Who’s fault would this have been in the first place…?

[Anonymous]

Hi,

I have read your e-mail and I got the impression this is the tipical mistake commited at the Notary, where two properties are sold by a developer and no one realizes the cadastral reference is not correct in one of the cases because all deeds are made with the “copy and paste” system. Another explanation could be that the developer did not send the the Cadastro registry the plans for the development and therefore two properties on the same plot stay with the same cadastral reference until the registration takes place.

My advise would be that the owner or his legal representative in Spain checks at the town hall and/or the cadastro registry what is the situation and where the problem is. Only then it would be possible to find a solution.

Concerning the refund of the IBI bills, I am afraid that until the situation in the Catastro is rectified, there will be no chance to get any refund or correction.

Please note that in Spain the cadastro sends the lists of tax payers/property holders – so called “padrón” – to the town halls or subsidiary entities who deal with the payment issue, so that the catastro establishes who is the owner of what, and the town hall or those entities simply deal with cashing the corresponding moneys;

Consequently, if the cadastro is wrong, the town halls or the subsidiary entities I have referred to – they have different names such us Patronato recaudación, etc – shall not allow the cancellation of the debt until the catastro itself acknowledges the mistake. First step is identifying what happens in Cadastro and filing the corresponding appeal or application; second step is once the cadastro decision has been taken, or the situation rectified, to start the refund process at the town hall or subsidiary entity.

@ian_ok wrote:

I’ve got 2 owners who purchased 2 new build properties through a promoter and following some problems with the IBI bills I’ve now noticed the two sets of deeds have the exact same catastral ref.

Not only that, but one owner has paid the ibi for 2 years on the other property and 1 on his. (The ibi bills only come in one of the owners names) The 2 years is going to be refunded in what was said as a few months, yet he still owes 1 year on his own (having thought it had been paid), they are going to charge him interest on this amount.

Has anyone had anything similar and found that they are legally obliged to cancel the interest and put their hands up and say sorry we made a *&(% up.

They said it is his responsibility to ensure he pays his bills for his property….

Can a claim be made say like what is displayed in bars/shops etc for consumer rights etc…?

Thanks for any feedback.

Ian

p.s. Who’s fault would this have been in the first place…?

[Author]

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