Table of Contents (14)
- Excess of Area
- Convert Commercial Premises to Residential Property
- What excess area files can we process at JLA Notarios - Notaria Barcelona?
- File for excess area
- Why does the excess area occur?
- When is the file for excess area necessary in a property, rural property or house
- Where is the excess of area regulated?
- Notary for excess area: modifies the square metres of a property
- The role of the Notary in excesses of area in Barcelona
- Correcting the square metres of a property with an excess of notarial area step by step
- Usual documentation for an excess area file
- What is the price of the excess area?
- Taxation of excess capacity
- JLA Notaries to process your excess area in Barcelona
Excess of Area
Excess area is the name given to the procedure to regularise a property, house or land when the actual surface area of the property does not match that registered in the Land Registry, Cadastre or reflected in the deed of ownership.
Convert Commercial Premises to Residential Property
These discrepancies are common in estates, rural estates, segregated lands, houses with courtyards or incorporated annexes, and properties that have not been updated in the land registry.
As Notaries in Barcelona specialised in Real Estate Law, we advise you on correcting the measurements of your estate and processing the excess area file at the notary and at the Land Registry.
What excess area files can we process at JLA Notarios - Notaria Barcelona?
The Notaries of Barcelona according to article 203 of the Mortgage Law can process excess area files that have an area difference of less than 10% for properties located anywhere in Spain.
In the case of area differences greater than 10%, we can process files for properties located in Barcelona and the neighbouring Notarial Districts. Therefore, at JLA Notarios we can process excess area files greater than ten percent in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Cugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besós.
File for excess area
Excess area is the legal procedure that allows the correction of the registered surface area of a property when it does not match its actual surface area.
This way, the differences between the real metres of a property and those officially registered can be corrected:
For example:
- the deed states 180 m²,
- the Land Registry shows 205 m²,
- but after technical measurement the property actually has 212 m².
These differences can prevent the sale of the property, mortgaging it or carrying out subdivision, consolidation or making a declaration of new construction.
For this, it will be necessary to adjust the surface area data to reality. Modifying the registered metres of a property will depend on the percentage of difference, the available documentation and the registration status of the property.
| Detected difference | Usual regularisation procedure |
|---|---|
| Up to 5% | The registration correction is managed directly with the supporting documentation |
| Between 5% and 10% | Usually requires additional graphic and technical documentation. It can be done by a simple notarial deed, without the need for excess area procedure |
| Greater than 10% | Requires carrying out an excess area file before a Notary and subsequent registration procedures. This procedure is regulated in articles 201 and 203 of the Mortgage Law |
Why does the excess area occur?
| Usual situation | What usually happens? |
|---|---|
| Old rural estates | The estate was registered years ago with approximate measurements or with imprecise boundaries, and the actual surface area is larger or different |
| Differences between Cadastre and Registry | The cadastral certification shows one measurement and the registry description another different one |
| Recent topographic measurement | A technician verifies that the actual surface area does not match the registered one |
| Segregation or grouping of plots | After dividing, grouping or reorganising estates, the registered surface area may not have been updated correctly |
| Horizontal division | In buildings divided horizontally, discrepancies may appear in courtyards, terraces, annexes or private elements not correctly reflected |
| Sale, inheritance or mortgage | The excess is detected when selling, inheriting, mortgaging or reviewing the registry documentation of the property |
| Discrepancies with neighbouring estates | There are doubts about physical boundaries, borders or delimitation of the estate in relation to neighbouring plots |
When is the file for excess area necessary in a property, rural property or house
Not all differences in square metres in a house, land or rural property are corrected through an excess area procedure.
Depending on the origin of the discrepancy, it may be necessary to process a registry correction, a deed of new construction or even a modification of the horizontal division.
These are some of the most common situations:
| Detected situation | Procedure usually considered |
|---|---|
| The property has always had more square metres than those registered in the Land Registry | Excess area procedure or descriptive correction |
| There are differences between Cadastre and Land Registry | Cadastre regularisation and subsequent registry correction |
| The house was physically extended and those square metres were never incorporated into a deed | Deed of extension of new construction |
| The extension has existed for years but was never registered | Deed of declaration of old new construction |
| The discrepancy affects a flat or private element within a horizontal property | Descriptive correction of property in horizontal property regime |
| The modification affects common elements, shares or legal distribution of the building | Correction of the deed of horizontal division |
If your case requires notarial action to regularise the surface area of the property, we can study the documentation and advise you on the most appropriate procedure.
Where is the excess of area regulated?
The excess area is regulated in the Mortgage Law, approved by Decree of 8 February 1946, subject to various modifications. According to article 198 of the Mortgage Law, the excess area is one of the mechanisms to achieve concordance between the registered and extraregistered reality.
The fundamental regulation is found in article 201 of the Mortgage Law, which regulates the notarial procedure for rectification of description, surface area or boundaries. Additionally, article 203 of the Mortgage Law is important, as it establishes the persons who must be notified and the form of notarial notification.
Notary for excess area: modifies the square metres of a property
Having prior notarial advice allows for studying the most appropriate legal route in each case.
The role of the Notary in excesses of area in Barcelona
In a case of excess area, the Notary analyses the legal, registry and cadastral situation of the property to verify whether the difference in surface area can be regularised and correctly entered in the Land Registry.
To do so, they study the available documentation, the correspondence between the Cadastre and the Registry, and the legal feasibility of the correction in accordance with mortgage legislation.
Correcting the square metres of a property with an excess of notarial area step by step
| Step | Processing of the excess area before a Notary |
|---|---|
| 1. Request for the procedure | The owner of the property requests the study of the excess area and provides the available documentation of the property |
| 2. Legal, registry and cadastral study | The deed, Property Registry, Cadastre and actual existing surface are analysed |
| 3. Technical review of the property | The technical measurement, georeferenced plan or available graphic documentation is reviewed |
| 4. Preparation of the notarial file | The Notary incorporates the necessary documentation and formalises the corresponding file |
| 5. Possible notifications of excess area to neighbours | In certain cases, neighbouring owners or interested parties may be notified so that they can submit allegations within one month. If there are any, they must be processed judicially. |
| 6. Submission to the Property Registry | Without opposition, the notary closes the excess area file record and sends it to the Registry for assessment |
| 7. Final registration | If the documentation is correct, the Registry updates the registered surface area of the property and it is published in the BOE |
Usual documentation for an excess area file
It is usually necessary:
- Updated descriptive and graphic cadastral certification
- Simple registry note of the property
- Deed of ownership or previous title of the property
- Georeferenced plans
- Georeferenced coordinates
- Technical report or topographic measurement
- Documentation proving the actual surface area and updated measurement of the property
Also, the following evidence may be requested:
| Documentation | When can it be provided? |
|---|---|
| Administrative or urban planning certificates | When they help to justify the registry correction |
| Photographs, plans or complementary graphic documentation | As technical or descriptive support of the property |
| Comparative historical cadastral documentation | When there are old discrepancies between Cadastre and Registry |
Please note that we will help you resolve your specific case, step by step.
What is the price of the excess area?
The price will depend on each property and the metres to be rectified, whether a topographic survey or georeferenced plan is necessary, the value of the property, or if notifications must be made to neighbouring owners.
However, the price of notarial acts is regulated by the Government and complies with the regulatory legislation of the NOTARIAL FEE SCHEDULE (RD 1426/1989, of 17 November, regulating the Notaries' Fee Schedule).
So, how much does an excess area file to modify the metres of a property approximately cost?
Therefore, before starting the procedure, it is most advisable to carry out a prior review and assess the most appropriate procedure. Book an appointment now to provide you with an indicative quote tailored to your case. One of the factors that most affect the price is the number of notifications that need to be made and the manner in which they must be done, which according to the law depends on each specific case.
Taxation of excess capacity
In principle, excess areas are not taxable. If they arise from a related transaction that has not expired, it may be necessary to pay tax. However, it is usually not necessary to pay any tax when there are excess areas. In any case, we will advise you on your specific case.
FAQ to our Notary for excess area in Barcelona
The timeframe to process an excess area file usually varies depending on the differences between the Land Registry, the Registry, and the physical reality of the property.
In many cases, the procedure can be completed in approximately between 2 and 4 months if no problems arise. In complicated cases, the process may be extended.
It is relatively common to find old homes whose actual surface area does not match that recorded in the Land Registry, especially when:
- extensions were made years ago,
- terraces were enclosed,
- floors or annexes were added,
- or the property's measurements were never properly updated.
Depending on the specific case, it may be necessary to process an excess area file to rectify the registered surface area of the property and adapt the registry description to the existing physical reality. Please consult us before purchasing a property.
It is possible, but in practice banks usually require the property to be adjusted to reality before granting the mortgage. Therefore, if you intend to sell a property with excess area, it is most advisable to fix it before putting it up for sale.
JLA Notaries to process your excess area in Barcelona
We hope to have resolved your doubts. If you need to correct the measurements of a house, land or rural property, at JLA Notarios we can study your case and advise you on the most appropriate way to process the excess area file before the Notary and Registry.
We will analyse the registration, cadastral and documentary situation of the property to help you regularise it with legal certainty.
Remember that we can process excess areas of less than 10% of properties throughout Spain, through a simple deed, and in the case of area differences greater than 10% we can process files for properties located in Barcelona and the neighbouring Notarial Districts. Therefore, at JLA Notarios we can process excess area files greater than ten percent in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Cugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besós.
Contact us or make an appointment at our notary office to assess your excess area file in Barcelona.
By your side in the moments that matter
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
Contracts and property law
Over the course of our lives, we carry out important actions, such as buying a home, declaring a new-build, lifetime gifting to our children or ending partnerships, among many others.
At JLA Notarios we are experts in property and contract law and buying and selling property. We guide our clients, analysing each particular issue and always considering the tax burden of each transaction.
In addition, some of our notarial services can be performed online, so we can assist you from anywhere in Spain. Contact us to declare a new-build or a commonhold ownership structure online.
Inheritance and wills
The moment of granting a will, making a declaration of heirs or formalising an inheritance are very important moments in people's lives.
At JLA Notarios we offer services related to succession law, both to arrange your succession and to distribute an inheritance, guaranteeing the best advice tailored to your particular needs and the study of the tax implications of each case. At no time do we neglect the human factor, even offering home notary services if necessary.
Mortgage
Taking out a mortgage is one of the biggest moments for anyone. Just think of the fees and interest you may have to pay for much of your life. So it is essential to have a trusted notary to help you understand what you are signing, explaining the tricky legal terms and their future consequences in simple words, to provide transparency and protect our clients.
At JLA Notarios we are aware of the importance of giving complete and understandable information to people about to sign a mortgage, novation or subrogation. We also advise and guide you on your future mortgage cancellation.
Loan agreements and credit facilities
Individuals and companies often need money to fulfil their dreams or projects. This can be obtained by taking out a loan or credit facility with your bank. When you sign, it is essential to understand the details properly to avoid future surprises.
JLA Notarios can be your trusted notary office, giving you accurate advice on loan contracts, providing a very agile and specialised service for processing loan contracts.
Bear in mind that from 9 November 2023, you will be able to sign your loan contracts from anywhere in Spain electronically by videoconference with JLA Notarios, saving you time and money. Do not hesitate to contact us to find out more about the notary office’s services in order to sign a loan contract online or sign a credit facility online.
Companies
Without entrepreneurship there is no future, so it is of vital importance to support our businesspeople and entrepreneurs.
At JLA Notaries we are familiar with companies’ life cycle, which enables us to provide legal assistance for companies in their different stages, whether incorporation, modifications of their articles of association, changes of director, share sales and purchases, capital increases and reductions, dissolution and closure, and everything related to commercial matters.
Powers of attorney
There are moments in life when a person needs to delegate. The law provides a tool for this: powers of attorney. Though a power of attorney, one person allows another person to act on their behalf.
At JLA Notarios we make sure that you understand the significance and risks of delegating or revoking powers of attorney, from a special power of attorney or power of attorney for lawsuits, to general powers of attorney or preventive powers of attorney for cases of incapacity.
We provide an agile service to sign powers of attorney. You can take your copy away immediately, saving you unnecessary trips, and from 9 November 2023 our clients will be able to sign all powers of attorney that are not general or preventive by videoconference through our digital notary office.
Family affairs
A prosperous society is based on the family and its protection. Family Law provides you with the tools to protect your family and its members, so its foundations are solid and its purposes can be achieved.
At JLA Notarios we provide legal advice on marriage or civil partnerships; property aspects of the family through marriage contracts or civil partnership contracts; the moments when the family relationship is ended, in cases such as divorce or separation; and protection of vulnerable people, such as minors or people with modified capacity, through deeds of appointment of guardians or executors or creation of protected assets. We do all of this in a way that makes everyone involved feel equally supported and secure.
Certifications and authentications
It is common knowledge that notaries attest. That important and simple action can guarantee things of vital importance, such as ensuring that the signature on a document is authentic or certifying that a copy of a document matches the original.
At JLA Notarios we will help you to certify a document or notarise a signature in accordance with the law and tailored to your specific needs.
In addition, these notarial procedures can be carried out conveniently through electronic means from 9 November 2023.
Minutes
How many times have you wanted to leave a record of an event, of a statement, of the condition in which an object is found, or notify someone of any matter. To provide a solution to these issues, the Law provides us with notarial records.
At JLA Notarios we adapt to you, reflecting in the record what you require and carrying out the notifications and requests that you demand.
Oath of Nationality
Behind every nationality oath there is a story of overcoming, sacrifice and waiting.
At JLA Notarios we understand what this moment means and offer an empathetic, agile and fast service, advising beyond the oath itself, anticipating the future requirements that the new Spanish citizen will need.
We are your reference Notary to carry out the nationality oath before a Notary in Barcelona.
Hague Apostille
One of the main effects of globalisation is the increase in international acts and transactions, and the exchange not only of information but also of documentation between different States and between individuals. Therefore, procedures that facilitate and speed up this exchange are necessary, as is the case with the Hague Apostille in Barcelona.
Tax and registry procedures
Tax bureaucracy can cause a lot of headaches.
So JLA Notarios offers its clients the possibility of assessing and paying the many different taxes by the executing deeds and carrying out other procedures before the notary. We can also file them with the Land or Companies Registry so you do not have to concern yourself with it and can spend your time on the things that matter. We support you from start to finish.
