The basic rules that regulate the Property Registry are:.

El Registro de la Propiedad tiene por objeto la inscripción del dominio y demás derechos reales sobre bienes inmuebles.

Registerable real rights

They are: domain, usufruct, use, habitation, easements, censuses, mortgage, right of withdrawal, and any other real rights.

The Spanish Registry does not include a closed list of real rights, admitting what is called an open number system.

However, the creation of new figures of real rights in practice is difficult, since they should meet the structural requirements of real rights, such as immediacy or absolutivity.

Other rights

The Property Registry allows the registration of other rights, although their real nature is not always clear. Thus, it allows the registration of: the statutes of the horizontal property; leases, subleases, assignments and subrogations of real estate; the rental right of return; the administrative concessions and mortgages on them; acts that derive from forced expropriation, or administrative constraints; the prohibitions on disposal permitted by law; or the causes of resolution of the registered rights, among others.

And in urban planning matters: firm acts of planning execution insofar as they affect specific properties, urban planning transfers, transfers of urban development use, conditions of urban planning licenses, initiation of urban planning discipline files, and the filing or resolution of judicial appeals, among others.

Other acts

Judicial resolutions that affect the capacity of natural or legal persons and those that arise from a bankruptcy are also registrable; provided that they affect real estate or real rights over the same of which they are owners.

Furthermore, through the so-called preventive annotations"), provisional situations that affect real rights over real estate can be accommodated in the Registry. Thus, for example, legal claims regarding registrable rights, seizures, non-final judgments, judicially ordered prohibitions on disposal, hereditary rights, and similar acts.

The Property Registry and the principle of legal certainty are closely related, its clearest manifestation being the principle of public faith. This is contained in article 34 of the Mortgage Law, and its purpose is to maintain certain registered subjects in their acquisitions, with the requirements that are observed in the same provision. Thus, the Supreme Court, in a ruling of September 20, 1993, applies this principle compared to the principle of retroactive nullity that was provided for in cases of insolvency by former article 878 of the Commercial Code.

General characteristics

The general principle is that of the need for public title to register in the Property Registry. Public documents can be notarial, judicial or administrative. Exceptionally, private documents are admitted; such as, for example, an instance to register the inheritance of a sole heir, for the correction of certain defects, or for the preventive annotation of replacement credits.

The procedure is required. That is, with exceptions, it is initiated by the person interested in obtaining registration.

To do this, the document must be presented to the Registry; making a Presentation Entry in the Journal, the duration of which is sixty business days.

Forms of presentation

The presentation can be done in four ways:

The electronic presentation of documents was introduced by Law 24/2001 and modified by Law 24/2005.

Qualification

The Registrar will proceed to qualify the document, under his/her responsibility, within a maximum period of fifteen business days. If you agree to register, the registration is carried out. And once completed, the document is returned to the presenter, with a footnote, signed by the Registrar, if it has been dispatched.

If the Registrar notices any defect in the title, he will agree to Non-Registration of the same. The Registrar's Resolution must indicate the Facts and Legal Basis for which the Registrar decides not to register. And you must notify it to the presenter, and to the Notary authorizing the Deed, or judicial or Administrative Authority from which the title comes. The entry of presentation will be extended ex officio by the Registrar, for a period of sixty days counting from the last of the aforementioned notifications.

Faced with the agreement of the registrar that resolves not to register a document, the interested party can choose between correcting the defect - if it is correctable - or appealing the decision of the Registrar. There are three possible resources, although of different nature:

The financing of property registries in Spain is carried out entirely from the fees paid by users of the Registry.

The tariff is regulated mainly in RD 1427/1989, of November 17, although numerous reductions and bonuses have been approved in special regulations.

The Property Registry publishes data referring to real estate registration activity on a quarterly or annual basis. Publishing the following information:[4]​.

The basic rules that regulate the Property Registry are:.

El Registro de la Propiedad tiene por objeto la inscripción del dominio y demás derechos reales sobre bienes inmuebles.

Registerable real rights

They are: domain, usufruct, use, habitation, easements, censuses, mortgage, right of withdrawal, and any other real rights.

The Spanish Registry does not include a closed list of real rights, admitting what is called an open number system.

However, the creation of new figures of real rights in practice is difficult, since they should meet the structural requirements of real rights, such as immediacy or absolutivity.

Other rights

The Property Registry allows the registration of other rights, although their real nature is not always clear. Thus, it allows the registration of: the statutes of the horizontal property; leases, subleases, assignments and subrogations of real estate; the rental right of return; the administrative concessions and mortgages on them; acts that derive from forced expropriation, or administrative constraints; the prohibitions on disposal permitted by law; or the causes of resolution of the registered rights, among others.

And in urban planning matters: firm acts of planning execution insofar as they affect specific properties, urban planning transfers, transfers of urban development use, conditions of urban planning licenses, initiation of urban planning discipline files, and the filing or resolution of judicial appeals, among others.

Other acts

Judicial resolutions that affect the capacity of natural or legal persons and those that arise from a bankruptcy are also registrable; provided that they affect real estate or real rights over the same of which they are owners.

Furthermore, through the so-called preventive annotations"), provisional situations that affect real rights over real estate can be accommodated in the Registry. Thus, for example, legal claims regarding registrable rights, seizures, non-final judgments, judicially ordered prohibitions on disposal, hereditary rights, and similar acts.

The Property Registry and the principle of legal certainty are closely related, its clearest manifestation being the principle of public faith. This is contained in article 34 of the Mortgage Law, and its purpose is to maintain certain registered subjects in their acquisitions, with the requirements that are observed in the same provision. Thus, the Supreme Court, in a ruling of September 20, 1993, applies this principle compared to the principle of retroactive nullity that was provided for in cases of insolvency by former article 878 of the Commercial Code.

General characteristics

The general principle is that of the need for public title to register in the Property Registry. Public documents can be notarial, judicial or administrative. Exceptionally, private documents are admitted; such as, for example, an instance to register the inheritance of a sole heir, for the correction of certain defects, or for the preventive annotation of replacement credits.

The procedure is required. That is, with exceptions, it is initiated by the person interested in obtaining registration.

To do this, the document must be presented to the Registry; making a Presentation Entry in the Journal, the duration of which is sixty business days.

Forms of presentation

The presentation can be done in four ways:

The electronic presentation of documents was introduced by Law 24/2001 and modified by Law 24/2005.

Qualification

The Registrar will proceed to qualify the document, under his/her responsibility, within a maximum period of fifteen business days. If you agree to register, the registration is carried out. And once completed, the document is returned to the presenter, with a footnote, signed by the Registrar, if it has been dispatched.

If the Registrar notices any defect in the title, he will agree to Non-Registration of the same. The Registrar's Resolution must indicate the Facts and Legal Basis for which the Registrar decides not to register. And you must notify it to the presenter, and to the Notary authorizing the Deed, or judicial or Administrative Authority from which the title comes. The entry of presentation will be extended ex officio by the Registrar, for a period of sixty days counting from the last of the aforementioned notifications.

Faced with the agreement of the registrar that resolves not to register a document, the interested party can choose between correcting the defect - if it is correctable - or appealing the decision of the Registrar. There are three possible resources, although of different nature:

The financing of property registries in Spain is carried out entirely from the fees paid by users of the Registry.

The tariff is regulated mainly in RD 1427/1989, of November 17, although numerous reductions and bonuses have been approved in special regulations.

The Property Registry publishes data referring to real estate registration activity on a quarterly or annual basis. Publishing the following information:[4]​.