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PROPERTY

How to contest the cadastral value of your Spanish property

The cadastral value and cadastral reference of a property in Spain affect various factors including how much yearly property tax and inheritance tax you'll pay. Here's how to change the valuation Spanish authorities give your home.

How to contest the cadastral value of your Spanish property
Can I change the cadastral value of my home? Photo: Jose Francisco Fernandez Saura / Pexels

When it comes to taxes, everyone wants to know if there are ways to pay less. While it’s not always possible, there are certain factors that affect particularly taxes associated with your Spanish property – namely the cadastral value and the cadastral reference. But, can they be changed or rectified?

What is the cadastral value?

The cadastral value is applied to all properties in Spain. It’s the value applied to your property by the Ministry of Finance or Hacienda and serves as a tax base to determine how much IBI tax or Impuesto sobre Bienes Inmuebles you pay for example. This is a yearly tax for all those who own property in Spain.

READ ALSO: What is Spain’s IBI tax and how do I pay it?

The value will depend on the size of your property, the condition it’s in, the year it was built and the cost of construction, among other factors.

It differs from the cadastral reference, which is an estimate of the market value of a property and is used as a reference for the real estate market. It is also used as a tax base for inheritance and property transfer tax.  

How is it determined?

At the beginning of each year, the cadastral value of homes is reviewed, and as a result, it can increase or decrease. This is why your IBI bill can increase or decrease too. As a general rule, the cadastral value is usually much lower than the market price, but this is not always the case.

How do I find out the cadastral value? 

To know the cadastral value of a property, you must first know the cadastral reference. Then you can find the value in the corresponding public records online. You can find this reference on your IBI bills, as well as on your property deeds.

Once you have this you can go to the electronic headquarters of the Cadastre, and click on ‘reference value’. There you will find all the information about the cadastral reference and the corresponding cadastral value.

Even if you’re not the owner of a property, but want to find out the cadastral value of a property you’re considering buying, you can find it out here.

Can I change the cadastral value of my home?

Yes, it is in fact possible to change the value. If you believe that the cadastral value of your property is too high with respect to the market price of your home, you can request that it be reduced.

You may want to do this in order to lower your IBI bill or if you want to sell your property at a lower price than the market value.

How do I lower the value?

If you believe that you have a case for changing it, you can make a claim to the General Directorate of Cadastre, overseen by the Ministry of Finance. There are two different claims you can make:

  • The procedure for correcting discrepancies
  • The procedure for rectification of material and arithmetic errors.

Procedure for correcting discrepancies

This option is typically used when there is a large difference between the market price and the cadastral value of a property, as well as when there are errors or false data about the characteristics of your home.

To do this, you must go to the Cadastre office in your municipality or apply online at the Cadastre Electronic Headquarters.

Procedure for rectification of material and arithmetic errors

The second option is used when there are errors or incorrect urban planning information, which affects your home. Again you can do this in person or online. In this case, it will have a retroactive effect. If you have paid too much IBI in the past, then it should be returned to you if the application goes in your favour.

Can I change the cadastral reference of my home?

If the reference value of your home is higher than the market value, then you may be wondering if you can change the reference in order to lower your tax base.

Unfortunately, you cannot request changing this in the same way as you can with the cadastral value. But, the good news is that there is a way to challenge it indirectly.

To do this you will need to request an appraisal from a company approved by the Bank of Spain. If the result of this turns out to be lower than the reference, you can try to rectify your self-assessment tax return, providing the appraisal as evidence that you should be on a lower tax base. As mentioned above, this will only affect certain taxes like inheritance or property transfer. 

In order to approve this, the tax office will need a report from the General Directorate of the Cadastre who may be able to rectify the reference and provide a report to settle the matter.

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PROPERTY

Spain considers banning tourist lets in residential buildings

The Spanish government has announced it's studying the possibility of prohibiting tourist apartments in residential buildings where property owners live.

Spain considers banning tourist lets in residential buildings

The Minister of Housing and Urban Agenda, Isabel Rodríguez, announced this Tuesday that the Government is studying a reform of the Horizontal Property Law in order to allow property owners to prohibit tourist apartments in their residential buildings.

In Spain, each building has what’s known as a community of neighbours, referred to La Comunidad or Comunidad de Vecinos in Spanish, and essentially the Spanish government is considering giving them veto power over tourist apartments in their buildings.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

The announcement was stated in an interview on Telecinco, in which Rodríguez stated that this move comes as a consequence of recent supreme court rulings on tourist apartments in Oviedo in Asturias and San Sebastián in the Basque Country.

In the rulings, the magistrates concluded that the rental of housing for tourist use is an economic activity, and agreed that communities of owners in two separate buildings could ban tourist rentals in several apartments.  

“It will be the neighbourhood communities that will also be able to participate in these types of decisions, because this phenomenon, which is not exclusive to our country, affects the entire world and the main capitals in Europe,” explained the minister.

READ ALSO – UPDATE: Which cities in Spain have new restrictions on tourist rentals?

Recently, Rodríguez has criticised that the proliferation of tourist apartments causes problems for locals, that it stops them from being able to access decent housing and raises the price of rentals.

She praised the regions which have taken steps to try and put a stop to this and gave the recent example of Barcelona City Council, which announced last Friday that it would eliminate all tourist apartments by the end of 2028.

She believes this move in Barcelona “will benefit citizens who want to live in their city, who do not want it to be a theme park and who prioritise the right to access housing over economic interests”.

Spain’s Horizontal Property Law , which was modified once in 2019, already states that it “requires a favourable vote of three-fifths of the total number of owners who, in turn, represent three-fifths of the participation quotas”. This means that already owners have a big say in whether tourist licences can be granted to apartments in their buildings.

However, the particular wording of the law has been the subject of much legal controversy and judicial interpretation. The reason is because the wording of the law only mentions the possibility for communities to “limit or condition” tourist use, but they do not have the power to “prohibit” since the law does not expressly say so.

Several regions have their own rulings through regional courts, but this new announcement aims to make it universal across the board in Spain and ensure that there’s no room for misinterpretation.

Rodríguez is set to meet this afternoon with the governing board of the Spanish Federation of Municipalities and Provinces (FEMP) and the Housing and Tourism Commissions to address this matter and come to a decision. 

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