Buying
When Catastro and Land Registry Records Differ: What Buyers Should Do
Buying in Spain? Learn how to investigate differences in property records, organise the right checks and agree a clear plan before paying a deposit.
Published · 5 min read
By Costa de Oro · Real-estate agency · Marbella & Costa del Sol
Start by identifying exactly what differs
A different floor area, an outdated owner’s name or a boundary that appears in the wrong place calls for investigation. It does not automatically mean the home cannot be bought. Write down each discrepancy separately so your lawyer can distinguish a description issue from a question about ownership, construction or boundaries.
For a Marbella apartment, include the garage and storage room in this exercise. Check whether each is part of the same registered property or has its own entry. A photograph, listing description or key handed over at a viewing is not enough to establish what is included in the sale.
Compare like with like
Ask for the seller’s deed, a current nota simple and the cadastral descriptive and graphic certificate. The Land Registry records registered ownership and rights; Catastro describes property for administrative purposes. Their information should be reviewed together with the physical home.
Do not compare usable floor area with built area as though they were the same measurement. Ask whether common areas, terraces and annexes are included in each figure. Make a short comparison sheet showing the source, date, unit and measurement basis rather than choosing whichever number looks most attractive.
Arrange a focused technical check
If the difference concerns land boundaries or the building itself, ask an appropriately qualified professional what survey or report is needed. Give them the documents before the visit and ask for an explanation that your lawyer can use. For a plot, identify access, fences and any features close to a neighbouring boundary.
A viewing is a useful opportunity to flag an enclosed terrace, extra room or pool that seems absent from the paperwork. Avoid deciding from appearance alone whether work was authorised. Ask the technical adviser to identify which questions need municipal planning records as well as a site inspection.
Agree the appropriate correction route
The coordination system can incorporate georeferenced mapping into the Land Registry. When cadastral mapping does not match the property, an alternative graphic representation may be relevant. Your lawyer, technical adviser, notary and registrar should establish the procedure appropriate to the actual discrepancy.
Ask for a written action list: which record needs attention, what evidence is required, who submits it and what remains uncertain. Some cases involve other parties or objections. Do not treat a general percentage tolerance or an informal assurance as a guarantee that your particular case will be accepted quickly.
Keep planning and mortgage questions separate
Ask your lawyer which planning and occupation documents should be checked for the property and any alterations. Seeing a building on a cadastral map does not replace that enquiry. Likewise, a proposed record correction should not be presented as proof that every construction issue has been resolved.
If you need a mortgage, tell the lender about the discrepancy before building your timetable around a valuation. Ask whether it needs further evidence or a completed correction. Keep the lender’s decision, the legal review and the technical review visible in the same purchase checklist.
Set clear conditions before committing money
Before signing a reservation or deposit agreement, ask your lawyer to record the issue and advise on suitable conditions. Discuss who arranges and pays for the work, what evidence will count as resolution, a realistic deadline and what happens if the agreed result cannot be achieved.
Do not rely on a verbal promise to fix things after completion. Ask how any unresolved matter would affect your intended use and future resale. A lower price is a commercial decision; it is not a substitute for understanding what you would acquire.
Bring the decision back to your buying priorities
Keep copies of the original records, reports and updated documents so you can see what changed. Before completion, have your advisers confirm which conditions are satisfied and explain any remaining issue in plain language. The aim is an informed decision, not simply matching two numbers.
Costa de Oro can help coordinate property information and viewing questions for homes in Marbella and the Costa del Sol. Share your requirements early, including finance, renovation plans and any features that are essential to your purchase.
Common questions
Does a difference automatically stop a sale?
No. Its significance depends on the cause and the property. Have your lawyer and technical adviser assess it before making a binding commitment.
Should I use the larger floor area in my budget?
First establish how each area was measured and what it includes. Ask for a consistent basis when comparing price per square metre.
Can I leave the correction until after buying?
Ask for advice on the consequences before agreeing. Clarify responsibility, cost and contract protection; do not assume the seller will complete an informal promise.
