[Anonymous]

My property is on 1st planta and has Elemento numero Tres B . The other one is Uno A. My Escritura says Tres B but the Catastral Reference says 1PL : 01 Pt B as do my IBI receipts. My Registro Nota Informativo says Tres B and states the Catastral Referencia Numero correct with the Escritura. There are other planta Ground 2 and 3 but there is only one apartment Tres A on that floor. Is it normal for Elemento numbers and Catastral references to contain identification that is different ? . I obtained a licence for a balcony of 6 sq metres using the Elemento number and it was issued paid for and receipted in the Elemento number. It stated 50% of the addition was applicable but issued no variation on the 41 sq mtres. I am of the opinion that despite the fact the Catastral informacion does not appreciate the addition -the balcony belongs to the property on the basis that I have the architects plan -it was licenced -I have builders receipt for works done. My belief is the Elemento numero should be Uno B but the Escritura and Registro documents have the authority of the Spanish State. I have had worries that at some future time the owners of the flat below who it was bought from could claim it and a potential purchasers lawyer might spot this and see it as a risk as it is above their land and they let me do it without any payment -the two hormigons for their passageway were simply extended upwards for the techa. I am of the opinion I am OK but I have asked the architect for his opinion and he has written to me to say he will look at it and give me a reply. Well this might be of academic interest and practical caution – which numbers one should rely upon as owner and indeed practictioner. But any comments on previous experience appreciated

[Fuengi (Andrew)]

@Ptr wrote:

The other one is Uno A. My Escritura says Tres B but the Catastral Reference says 1PL : 01 Pt B as do my IBI receipts. My Registro Nota Informativo says Tres B and states the Catastral Referencia Numero correct with the Escritura……Is it normal for Elemento numbers and Catastral references to contain identification that is different ?

Yes. But the best thing is to update it when any changes need to be reflected in title deeds (sale, extensions, inheritance, etc…). Remember townhalls are always changing street names, road accesses, street numbers, etc…, but this does not automatically get updated in the registry.

@Ptr wrote:

the balcony belongs to the property on the basis that I have the architects plan -it was licenced -I have builders receipt for works done. My belief is the Elemento numero should be Uno B but the Escritura and Registro documents have the authority of the Spanish State. I have had worries that at some future time the owners of the flat below who it was bought from could claim it and a potential purchasers lawyer might spot this and see it as a risk as it is above their land and they let me do it without any payment -the two hormigons for their passageway were simply extended upwards for the techa. I am of the opinion I am OK but I have asked the architect for his opinion and he has written to me to say he will look at it and give me a reply. Well this might be of academic interest and practical caution – which numbers one should rely upon as owner and indeed practictioner. But any comments on previous experience appreciated

Easy, if its all legal, get your title deeds updated. If this information is updated in the registry, the information will be clearly present when anyone does a search using the referencia catastral.
If it goes ‘over/above’ your neighbours land, see about getting something official (notarised) from them to add to the deeds.

[Anonymous]

Thank-you Andrew.First I will await the architects reply. I think though that I would need to ask a lawyer to do this update for me particularly important if the Ayuntamiento have not changed the surface area when issuing the licence, in the catastral information for my property.

[Author]

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