Catastro vs. Property Registry in Spain: Why do square meters not match? (2026 Ultimate Guide)

The dream of buying a villa in the rustic surroundings of Nerja, Torrox, or Frigiliana often hits a bureaucratic wall: inconsistent property data. It’s a classic scenario: you find a house you love, but when you check the paperwork, the Catastro (Cadastre) shows one size, the Registro de la Propiedad (Land Registry) shows another, and the architect’s measuring tape shows a third.

Which one should you believe? Is it dangerous to buy a property with these differences? At Narixa Villas, as experts in the Axarquía real estate market, we have prepared this technical guide to help you understand why this happens, how it affects you legally, and how to fix it before signing the deeds.

 

Table of Contents

  • 1. Conceptual Differences: Catastro vs. Registry
  • 2. Why do measurements not match in Nerja villas?
  • 3. The importance of Law 13/2015: Mandatory Coordination
  • 4. The "Excess of Cabida" problem: The 10% Rule
  • 5. GML Files and Georeferencing: The Technical Solution
  • 6. The AFO Certificate in Rural Axarquía
  • 7. Practical tips for a safe purchase

 

1. Conceptual Differences: Catastro vs. Registry

In Spain, two separate administrative bodies manage property information, and they don’t always "talk" to each other.

 

The Catastro (Tax Office)

Managed by the Ministry of Finance, its primary purpose is taxation. It identifies properties and assigns a "Valor Catastral" used to calculate the IBI (Property Tax). The Catastro uses digital mapping and aerial photography, which can lead to errors—such as misinterpreting a shadow or a pergola as built living space.

 

The Registro de la Propiedad (Land Registry)

This is the legal truth. It is managed by the Ministry of Justice and its job is to protect ownership rights. What is written in the Land Registry is what counts in a court of law. Historically, descriptions were purely literal ("borders the path to the north..."), leading to a lack of metric precision in older title deeds.

 

2. Why do measurements not match in Nerja villas?

In the Eastern Costa del Sol, many countryside houses were built decades ago. Common reasons for discrepancies include:

  • Technical Evolution: Properties were once measured using basic tools. Today, high-precision GPS and drones reveal the true physical reality.
  • Unregistered Extensions: Owners often added a porch, a swimming pool, or a garage. While they might have informed the Town Hall to avoid fines, they often neglected to update the New Build Deed at the Registry because of the costs involved.
  • Finca Consolidation: It is common in rural areas to merge several plots of land without correctly updating the Land Registry.

 

3. The importance of Law 13/2015: Mandatory Coordination

Since Law 13/2015 was introduced, the Spanish government requires coordination between the Catastro and the Registry during any sale or subdivision. It is no longer enough to state the size; you must provide exact geographic coordinates to prove exactly where those meters are located on the map.

 

4. The "Excess of Cabida" problem: The 10% Rule

If you are a buyer and you find that the physical reality of the house is larger than what is stated in the Land Registry, you are looking at an "excess of cabida" (exceso de cabida). The fix depends on the size of the error:

  • Difference under 5%: Considered a minor error; the Notary can usually rectify it during the sale.
  • Difference between 5% and 10%: Can be corrected using a descriptive and graphic cadastral certificate, provided there is no doubt about the property's identity.
  • Difference over 10%: This is more complex and requires a specific legal proceeding (Expediente de Dominio). It is vital that the seller resolves this before the sale to avoid mortgage issues for the buyer.

 

5. GML Files and Georeferencing: The Technical Solution

You will likely hear your lawyer or architect mention a GML file. This is a digital format containing the geographic coordinates of the plot boundaries. At Narixa Villas, we work with qualified technicians to ensure your property’s "footprint" on the map is accurate, preventing legal disputes with neighbors or the administration.

 

6. The AFO Certificate in Rural Axarquía

We cannot discuss rural property sizes in Nerja without mentioning the AFO (Asimilado a Fuera de Ordenación). Many houses have "extra" meters that are over 6 years old but cannot be fully legalized via a standard building license. The AFO allows the administration to "tolerate" the building, enabling it to be registered and granted legal access to utilities. Buying a house with discrepancies and without an AFO check is a huge risk.

 

7. Practical tips for a safe purchase

If you suspect a property’s size doesn’t match the paperwork, follow these steps:

  1. Check the "Nota Simple": Look for the literal description of the property.
  2. Request the Cadastral Certificate: Compare it with the Nota Simple.
  3. Hire a Technical Audit: Narixa Villas works with local surveyors who verify if the pool and extensions are legal.
  4. Negotiate Regularization: Ensure the seller delivers the property already coordinated or with the "exceso de cabida" process underway.

 

Trust the experts, avoid the risks

Buying a villa in Spain should be an exciting journey, not a legal nightmare. At Narixa Villas, we aren't just sales agents; we are consultants who analyze the legal health of every property before we list it.

Worried about the paperwork of a property you like in Nerja? Let’s talk. Our legal and technical team is at your disposal.

Contact Narixa Villas now

Disclaimer: This guide is for informational purposes and does not constitute binding legal advice. We always recommend hiring a specialized lawyer for any real estate transaction in Spain.

  • Fecha de publicación

    18/12/2025

Compártelo!!


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