Geographical Identification in the Certificates of Antiquity for Buildings
Spanish Mortgage Law and the 03/11/2015 Resolution of the D.G.R.N.
On November 2015 the Spanish Law 13/2015, reforming the Mortgage Law came into force. The revised text states that when the construction of buildings of any kind is inscribed in the Property Registry, the portion of land occupied by the building must be identified by its referencing geographical coordinates.
03/11/2015 Resolution of D.G.R.N.
Also on November 2015, the General Directorate of Registries and Notaries (D.G.R.N.) dedicated a Resolution to the interpretation of certain aspects covered in the reform of the Spanish Mortgage Law. It states that when the inscription of the geographic referencing coordinates that define the portion of land occupied by a building is required, the geographical boundaries and the list of geographical coordinates of the piece of land on which the building is located will also be required.
Geographical Referencing in Certificates of Antiquity
The reform of the Spanish Mortgage Law makes it convenient that Certificates of Antiquity for Buildings now include a section about geographic referencing, identifying:
- the piece of land where the building is located, unless its geographic boundaries have already been registered previously
- the portion of land occupied by the building.
Georeferenced Coordinates of the Cadastral Plot
If the simultaneous registration of the georeferenced coordinates of the cadastral plot is required, such coordinates can be obtained from a Descriptive and Graphic Cadastral Certification, which shall include them as an attachment. They can also be downloaded, in GML format, from the Cadastre website.
Georeferenced Coordinates of the Portion of Land Occupied by the Building
Normally, the architect assigned to draft the Certificate of Antiquity will have to identify the portion (or portions) of land occupied by the building subject to inscription in the Property Registry, for which he will need to develop an Alternative Graphical Georeferenced Representation. The content and the computer format for such representation have been established by resolutions of the D.G.R.N. and the General Directorate of Cadastre. The file format must be INSPIRE GML, and the information included should be similar to the one contained in the sample file provided by the Cadastre website, which can be downloaded via the following link: http://www.catastro.minhap.es/documentos/formatos_intercambio/BU%20ejemplo%20explicativo.zip.
Architect Daniel Trujillano
Certificates of Antiquity for Spanish Buildings and Constructions