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IurisConsulting Property Lawyers Alteration of Fincas |
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They are, essentially, apart of the New Work Declaration, the grouping, division, aggregation and segregation. The Registry can only proceed to execute this alterations by means of notarised deed in which they are described the modified fincas, as well as the resulting fincas of any of these operations, the alteration of the extension and the changes of the affected boundaries.
GroupingThe Grouping is the union of two or more fincas to constitute a larger one. In this case, the resultant finca has to be registered with its new description, and with a different number. Fincas of different owners can also be grouped, but the deed must establish the undivided sharing that corresponds to each of them in the grouped finca.
Division It is the partition or allotment of the totality of a finca to create several new fincas, disappearing the original one. Each of the resultant fincas has to be registered as a new finca and under different number. SegregationIt is the split of a part of a registered finca to constitute a new segregated finca, with own Page and Number. Whatever the case may be, there must be respected the town-planning rules for the division of plots. AggregationIt is also possible the aggregation of one or several registered fincas (or of one or several parts of registered fincas), to another finca also registered, whenever this one has an extension of, at least, five times larger than the addition of those aggregated. The corresponding inscription has to be done in the Page of the largest finca, maintaining this one its Number, but expressing the new description and the origin of the aggregated ones.
Declaration of new workThe construction of a building -or its enhancements and betterments - can be inscribed in the Property Registry. The inscription of the New Work is done by means of notarised deed containing the description of the new work and the statement of the contractor that he has been paid for his works (this declaration can be replaced with the certificate of the architect director of the execution of the new work or certificate of the municipal architect, attesting that the work is concluded or, at least, begun). The notaries and registrars must require to authorize and to inscribe, respectively, the deed of declaration of completed new work, the exhibition of the building permit and the certification of the architect about the conclusion of the work in accordance with the approved building project. To authorize and to inscribe deeds of declaration of new work in construction, apart of the building permit will be required the certification of the architect that prepared the building project proving that the description of the new work declared in the deed corresponds exactly to the building project that obtained the building permit. In this case the owner must, once the construction is finally concluded, prove the conclusion of the construction by means of notarial certificate incorporating the architects certification of termination of the work.
Rectification of the registered ExtensionThe registration of the area of the finca is a information, even though less important, that serve for its identification. It can happen that that registered area is incorrect. The declaration of the real extension is aimed to rectify this error. There are several means for it. For example, by means of descriptive and graphic certification of the Cadastre; or, when the difference is inferior than 20 % of the inscribed square meters, with certificate or report of an architect , which must identify perfectly the finca and prove the real area; or by means of notarial certificate that incorporates a map of location with the same scale as the Cadastre maps, with report of an architect about the measurement, surface and boundaries; or, as simple rectification of area, the differences not superior to 5 % of the registered square meters. In all the cases, it is essential that the registrar does not have founded doubts about the identity of the finca.
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