Firstly, let’s clear up an uncertainty – CaDastre or CaTastre?
Here’s Google’s answer –
In Spanish, “catastro” refers to the institution or registry itself, while “catastral” is an adjective used to describe something related to it. For example, you would say “the catastro” (el catastro) for the Spanish cadastre, but you would use “valor catastral” (cadastral value) or “referencia catastral” (cadastral reference) when describing specific attributes within that registry.
It appears that in Spanish, use the ‘t’; and in English/French use the ‘d’
For property owners in Spain, the Cadastral record is more than just a bureaucratic formality—it determines a property’s official characteristics and its Cadastral Value, which directly influences local taxes like IBI (Impuesto sobre Bienes Inmuebles). This record includes details such as zoning, land use, plot size, and building area.
Correcting errors in this data has been a frustratingly slow and costly process, leaving many owners overpaying or facing complications during sales. Now, a Supreme Court ruling has changed that, making it easier for citizens to directly correct errors in their property records.
The problem: Errors that were hard to fix
Historically, correcting mistakes was a daunting task due to administrative red tape and costs, discouraging (perhaps deliberately!) many from pursuing corrections so that inaccuracies often went unchallenged, potentially leading to overpayment of property taxes or complications in property transactions.
The breakthrough: Supreme Court ruling empowers citizens
Now, Spain’s Supreme Court has ruled that individual citizens can notify their local Cadastral office directly about any errors. As importantly, within a time period the office is legally obligated to respond in writing, explaining both the decision and the reasoning behind it. If the response is unsatisfactory, property owners are entitled to pursue legal action to have the matter reviewed further.
How to file an appeal
The process to initiate a correction is now free and accessible:
- In person: Visit your local Cadastre office.
- Online: Submit your appeal through the official portal at www.sedecatastro.gob.es
Timing matters: Act quickly
One crucial detail to keep in mind: corrections are not retroactive. Any changes to your Cadastral record will only apply from the date of your appeal. That means if you’ve been overpaying IBI due to an error, you won’t be reimbursed for past payments, even if the error is acknowledged, so don’t delay, act promptly to protect your rights and your wallet.
Building Surveys/Home Inspections and Valuations/Appraisals identify the errors
Survey Spain more often than not find Cadastral and Title description errors during inspections, often having financial and legal consequences for our clients.
This ruling makes it practical to correct property records which action may be essential regarding confirming ownership and avoiding penalties or even demolition of illegal extensions, etc. However, bear in mind that most of the errors found show omissions of size, pools, etc. By adding these, the tax liability increases!!
