Scope of the Valuation Methods in Spain (II)

Scope of the Different Methods for the Valuation of Properties in Spain (II)

Spanish Order ECO/805/2003

The rules established by Spanish Order ECO/805/2003 for the valuation of  real estate apply whenever the appraised value is used for any of the following purposes:

• mortgage warranties for loans that are or will be an integral part of the portfolio issued by the kind of entities described in the R. D. 685/1982, developing aspects of the Law 2/1981, about regulation of the Mortgage Market in Spain
• determination of a fair value for the purposes of the registration and second valuation standard in the Accountability Plan of insurance and reinsurance companies (R.D. 1317/2008), and determination of the valuation of assets for the purposes of the Law 20/2015, about management and supervision of insurance and reinsurance companies in Spain
• valuation of the assets of the real estate collective investment institutions regulated by the Spanish Royal Decree 1309/2005, approving the Regulation of the Law 35/2003, about Collective Investment Institutions in Spain
• valuation of the property assets of Pension Funds (R.D. 304/2004, approving the Pension Fund Regulation in Spain).

If the purpose of the valuation is among those listed above, the assessment can be made by the following technical methods:

• Method of the Cost: for the valuation of all types of buildings and building elements, whether in project phase, under construction, already finished or during a rehabilitation process
• Method of Comparison: for the valuation of all types of properties, provided that the requirements set out in Article 21 are met
• Method of Income Update: for the valuation of all kinds of properties susceptible to produce income, provided the requirements set out in Article 25 are met
• Residual Dynamic Method: for the valuation of urban or developable land, built or not, and of buildings in design phase, construction phase or during a rehabilitation process, no matter if the works are paralyzed
• Residual Static Method: for the valuation of plots and buildings during a rehabilitation process where the construction or rehabilitation works are entitled to begin within a period not exceeding one year, and also built plots.

Scope of the Valuation Methods in Spain (I)

Scope of the Different Methods for the Valuation of Properties in Spain (I)

R. D. 1020/1993 and R. D. 1492/2011

The primary purpose of the Spanish Royal Decree 1020/1993, about Valuation Rules and Value Frame for Land and Construction, is the determination of the Cadastral Value of urban properties, whose data constitute the Spanish Urban Real Estate Cadastre. Moreover, the Spanish Law 58/2003, about General Taxes, states that the value of the real estate affected by tax obligations can be checked by the Administration using the values ​​established by the Real Estate Cadastre, by applying the multiplier coefficients determined by competent tax authorities, as established by regulation. For all the above, the technical standards of valuation expressed in Royal Decree 1020/1993 apply for the following purposes:

• determination of the Cadastral Value of any urban real estate
• determination of the tax base in the tax about Property Transfer and Documented Legal Acts
• liquidation of the taxable events of the tax about Successions and Donations.

Spanish Royal Decree 1492/2011

The Spanish Royal Decree 1492/2011, about the Valuation Rules of the Spanish Land Act, applies to the valuation of land, facilities, buildings and constructions, and of rights made in connection therewith, whenever the final purpose is one of the following:

• checking the sharing of benefits and burdens, or other operations required by the implementation of the territorial and urban planning in which the valuation delimits the financial content of powers or duties associated with the right to property, in the absence of agreement among all affected subjects
• determination of fair compensations in expropriations, regardless of the purpose and the laws governing the process
• determination of the amount payable to the owner in cases of forced sale or substitution
• determination of the financial guarantee of a Public Administration.

Illegal Construction Works in Andalusia

Illegal Building Works in Andalusia

Geographical Referencing in Certificates of Antiquity

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.

Rules for the Valuation of Properties According ECO/805/2003 (VII)

Valuation Rules According ECO/805/2003 (VII)

General Warnings

According Spanish ECO/805/2003, we find a ‘warning case’ whenever we have doubts about any of the data used in the calculation of the technical values. At a minimum, we should consider the following cases:

• when there is a discrepancy between the physical reality of the property and its description in the Property Registry or the Cadastre, if such discrepancy does not lead to doubt about the identification and do not affect the calculated values
• when the property is not in accordance with the applicable urban planning, unless some conditioning have been stated or it was not possible to verify the system of protection of the architectural heritage
• when the valued property is subject to expropriation or was constructed on the basis of a license or an administrative authorization containing conditions, which if not met, may result in changes to the certified value
• when the valuation has been calculated using different methods than those stated in Spanish Order ECO/805/2003
• when the maximum legal value was calculated in absence of some of the required documents
• when the valuation was calculated in absence of the necessary documents to calculate cash flows
• in rural properties, when the valuation was calculated in absence of the cadastral documentation or the documents describing the operating system
• in the valuation of buildings under construction or rehabilitation for the finished building hypothesis, when the valuation was calculated in absence of a complete set of the Construction Documents already endorsed by the Architects’ Association, or the final certification of the performed work, or the Building Contract, or the Schedule of Construction Costs
• in buildings whose main use is housing, when the valuation was calculated in absence of the document attesting the expedition of the decennial insurance for property damage
• in buildings in horizontal property regime or building elements different than houses or garages, when the valuation was calculated in absence of the statutes of the homeowners, an equivalent document or a Certificate by the community manager, certifying the limitations of use or other circumstances able to affect the value
• when the Cadastral Reference does not exist or can not be known by the means provided in the revised text of the Law on Real Estate Cadastre, or through the Virtual Office of the Cadastre
• in properties located abroad, when the valuation was calculated in the absence of all the documentation that, in accordance with the rules applicable in the country where the property is located, may have some influence on the value of the property.

Rules for the Valuation of Properties According ECO/805/2003 (VI)

Valuation Rules According ECO/805/2003 (VI)

Documents Required for the Valuation of Properties

The calculation of the value requires to previously have all the documents necessary for the complete identification of the property. Among those documents, the following ones should always be included:

• the Registry Certificate attesting both title and charges associated with the property, or any legal equivalent in alternative media
• the Cadastral Document, with all descriptive and graphic information associated with the property, as obtained directly from the Electronic Site of the Cadastre (www1.sedecatastro.gob.es).

Both documents must have been issued within three months prior to the valuation date.

Documentation for Valuations in the Mortgage Market

In the valuation of properties intended to serve as mortgage warranty for loans that are or will be part of the portfolio of mortgage securities issued by institutions, developers and builders, the Registry Certificate can be replaced by any of the following documents:

• original or copy of a Registry Note (‘Nota Simple’, in Spanish), issued within three months prior to the valuation date, at least expressive of ownership, the complete description of the property, the real rights and the limitations of domain
• photocopy of the Registry Book of the property
• photocopy of the Title Deeds
• any document equivalent to the above ones, issued by the Property Registry by the use of telematic procedures.

Documentation for Valuations Outside the Mortgage Market

When the purpose of the valuation is the coverage of the technical provisions of insurance companies, the determination of the assets of the institutions of collective real estate investment, or the determination of the real estate assets owned by pension funds, the inclusion of the Cadastral Document will only be necessary in the following cases:

• prior valuations
• regular valuations of real estate in which changes have occurred that affect the description.

Documentation for the Valuation of Assets of Institutions of Collective Investment

If the purpose of the valuation is to determine the assets of the institutions of real estate collective investment, the Registry Certificate is only required in previous periodic valuations of the properties under construction; in other cases, the Registry Certificate may be replaced by any of the documents considered as valid in the mortgage market.