Table of Contents (15)
- Title deed: Registration in Barcelona
- Convert Commercial Premises to Residential Property
- What is a title deed?
- Notary for registration of properties in ownership proceedings
- What title deeds can we process at JLA Notarios – Notaria Barcelona?
- What are the most common methods for the registration of a property?
- Domain file without property title
- Notarial title deed record
- Who can register a property?
- The role of the Notary for the ownership file
- How to regularise properties not registered in the Registry?
- Documentation for the ownership file before a Notary for registration
- What is the price of the title deed search?
- Expenses and taxation of a domain file
- JLA Notarios: specialists in ownership files in Barcelona
Title deed: Registration in Barcelona
The notarial ownership file for registration is one of the most commonly used procedures to regularise properties, homes or land that are not properly registered in the Property Registry or that have ownership issues, lack deeds or have registration discrepancies.
It is common to find old properties acquired through private contracts, inherited properties that were never registered or “paperless” land. These situations can prevent the sale of the property, applying for a mortgage, distributing an inheritance or correctly proving ownership of the property.
As Notaries in Barcelona specialised in Real Estate Law, ownership files and property regularisation, we advise you on ownership files for registration of properties and regularisation of homes.
Convert Commercial Premises to Residential Property
Below, we explain what a notarial domain file is, when it may be necessary to carry out the registration of a property and how to do it in Barcelona before a Notary.
What is a title deed?
This is a procedure that allows the legal and registry status of a property, house or land to be regularised when there are problems related to its registration in the Land Registry.
It is regulated by the Mortgage Law, approved by Decree of 8 February 1946, specifically in article 203 of the Mortgage Law.
A notarial ownership file is used to prove ownership of a property when:
- There are no sufficient titles,
- The property has never been registered in the Land Registry,
- There are discrepancies between the physical reality and the registry status of the property.
Currently, the notarial ownership file is used to:
- Register an unregistered property in the Land Registry
- Rectify the surface area of a property through a excess area file
- Regularise properties registered in the name of former owners through the resumption of successive title
Notary for registration of properties in ownership proceedings
The registration of a property is the procedure by which it is allowed to register a property that had never been registered in the Land Registry. It is regulated in article 203 of the Mortgage Law.
This issue is usually found in rural properties, inherited land, homes acquired years ago through private contracts.
It is also common to find land “without papers” or properties for which there are not enough public deeds or whose documentation has been lost over time.
Often the owners discover this situation when they try to sell it, when they apply for a mortgage, process an inheritance or wish to legally prove it. Sometimes, these properties appear in the Cadastre but not in the Land Registry.
What title deeds can we process at JLA Notarios – Notaria Barcelona?
The Notaries of Barcelona, according to article 203 of the Mortgage Law, can process property title files for estates in Barcelona and in the neighbouring Notarial Districts.
Therefore, at JLA Notarios we can process property title files for estates in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Qugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besós.
What are the most common methods for the registration of a property?
There are different legal avenues that allow for the first registration entry. The specific procedure will mainly depend on the available documentation, the legal situation of the property, and the way in which ownership of the property can be proven.
| Registration method | When is it usually used? | Who usually intervenes? |
|---|---|---|
| Registration ownership file | When the property has never been registered and there is not enough public documentation to prove ownership. | Notary and Land Registry |
| Double public deed | When there are two consecutive public deeds that allow proving the transfer of the property and its prior acquisition. | Notary and Land Registry |
| Administrative procedure | Common in certain properties or land coming from the Public Administration. | Public Administration and Land Registry |
| Judicial ruling | When a judicial decision recognises the ownership of the property and allows its first registration entry. | Courts and Land Registry |
JLA Notarios can assist you in the first two cases, drafting in the notary office the registration act of unregistered property and managing the notarial ownership file to prove possession and ownership of the property.
Domain file without property title
In many cases, the domain file for registration also allows regularising properties when there is no sufficient title of ownership or the original deeds have been lost. This often happens with old land, inherited estates, or private transfers that were never properly formalised before a Notary nor registered in the Property Registry.
Notarial title deed record
The notarial deed of domain file is the public document through which the Notary processes the procedure of registration of the property, incorporating the documentation, evidence, notifications and actions legally required to allow its subsequent registration in the Land Registry.
Who can register a property?
The procedure must be initiated by the owner of the property or the person seeking to prove rights over it and the objective will be to correctly certify the legal and registry status of the property to allow access or regularisation of the property in the Property Registry through the notarial title deed of ownership proceedings.
Carrying out the title deed of ownership proceedings before a notary has been possible since the Reform of the Mortgage Law and the Real Estate Cadastre Law (Law 13/2015 of 24 June). The proceedings must be processed before a Notary competent in the notarial district where the property is located or in one of the neighbouring notarial districts. Therefore, if you need to process a title deed of ownership proceedings in Barcelona, do not hesitate to contact us.
The role of the Notary for the ownership file
The role of the Notary in the domain file is fundamental, providing the necessary legal certainty and facilitating the registration regularisation in accordance with current legislation. Let us look at the steps our Notaries follow for the domain file in Barcelona:
How to regularise properties not registered in the Registry?
| Step | Processing of the ownership file for the first registration of a property |
|---|---|
| 1. Request for the file | The owner of the property or the person seeking to prove rights over it requests the initiation of the ownership file before a Notary and provides the available documentation of the property. |
| 2. Legal and registry study | The Notary analyses the legal, registry, and cadastral situation of the property, checking for possible discrepancies between the Cadastre and the Registry or lack of deeds. |
| 3. Start of the notarial deed for first registration | The Notary draws up the ownership file deed incorporating all the documentation and evidence submitted to the procedure. |
| 4. Referral to the Property Registry | The file is sent to the competent Property Registry to request the initial registry certification of the property and, in certain cases, a precautionary annotation. |
| 5. Initial registry certification | The Registrar analyses the registry situation of the property and issues, usually within about 15 days, the corresponding registry certification to verify if the procedure can continue. |
| 6. Notifications to interested parties | If the file proceeds, the Notary will notify neighbours, registered owners, heirs, cadastral holders, town councils or other possible interested parties. |
| 7. Official publications | In certain files, especially in first registrations, an announcement may be published in the BOE to give official publicity to the procedure. |
| 8. Period for allegations | A legal period is opened for possible interested parties to appear and make objections or allegations to the file. |
| 9. Closure of the notarial ownership file | If there is no opposition preventing the procedure from continuing, the Notary will close the notarial deed of the ownership file for first registration. |
| 10. Final registration in the Registry | The file is resubmitted to the Property Registry for its final assessment and definitive registration of the property. |
Documentation for the ownership file before a Notary for registration
- Identification of the de facto holder of the property
- Descriptive and graphic cadastral certificate
- Simple registry note or negative certification from the Registry
- Old deeds or previous existing title of ownership
- Cadastral reference of the property
- Proof of continuous possession of the property
Additionally, the following supplementary documentation may be necessary:
| Documentation | When can it be provided? |
|---|---|
| Private sale contracts | When there is no public deed or the transfer needs to be proven |
| IBI receipts | To prove possession or continuous use |
| Inheritance documentation | If the property comes from an inheritance |
| Administrative or urban planning certificates | When they help to prove antiquity or urban planning status |
| Witness statements | When it is necessary to reinforce the proof of possession |
| Notifications to neighbours or interested parties | May be necessary during the notarial processing |
What is the price of the title deed search?
How much does a notarial domain file cost for the registration of a property? The price depends on various factors, as it will vary according to the type of procedure to be processed, the legal complexity of the file, the available documentation, the value of the property, and the actions required during the processing.
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).
Before starting the procedure, it is advisable to carry out a prior study of the registration and documentary situation of the property in order to offer an indicative budget.
Contact us without obligation and we will provide you with a budget tailored to your case after asking you some basic questions that need to be known for your specific case.
Expenses and taxation of a domain file
The costs of a domain file will depend on the type of procedure being processed and the specific legal situation of the property.
In a domain file to register a property, various items usually come into play, including:
- Notarial fees for processing the notarial deed,
- Registry fees for the registration in the Property Registry,
- and, in certain cases, additional technical expenses such as georeferenced plans, topographic measurements, or supplementary certifications.
From a tax perspective, the notarial domain file does not necessarily imply taxation by itself. However, it may be necessary to review whether the prior acquisition of the property was correctly taxed at the time.
Consult us before initiating a domain file to register a property in Barcelona. We will review your documentation and guide you on the procedure, approximate costs, and possible tax implications according to your specific case.
FAQ to our Notary for domain file in Barcelona
The duration of a domain file for registration usually ranges between 3 and 6 months, although it will depend on the legal situation of the property and the available documentation. Please note that it is normally a procedure that requires several personal notifications by the Notary.
When a property is not registered in the Land Registry, significant legal and registration difficulties may arise when selling it, mortgaging it, inheriting it, or properly proving ownership.
Although there may legally be ownership of the property, the lack of registration usually generates insecurity for buyers, banks, and interested third parties.
In Spain, there is no general obligation to register a rural property in the Land Registry. However, correctly registering the property is highly recommended to legally protect the ownership of the estate. Furthermore, it facilitates sales, financing, and inheritance management.
JLA Notarios: specialists in ownership files in Barcelona
The registration of properties through a notarial domain file is essential to avoid future problems.
Remember that from our notary office specialised in Barcelona in domain files, we can process domain files for properties in Barcelona city, El Prat de Llobregat, Hospitalet de Llobregat, Esplugas de Llobregat, Sant Just Desvern, Sant Feliu de Llobregat, Molins de Rei, Sant Qugat del Vallès, Cerdanyola del Vallès, Montcada i Reixac, Santa Coloma de Gramanet and Sant Adrià del Besós.
At JLA Notarios we specialise in real estate notarial services and property registry regularisation. We will study your case individually to determine the most appropriate procedure and what documentation will be necessary to correct the legal situation of your property.
Contact us now to explain your case.
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.
