The Planning Department reports that, henceforth, will notify the Land Registry the beginning and end of any disciplinary proceedings on properties in urban in order to provide preemptive protection from situations that occur in the present and are affected very negatively to third party purchasers.
According to sources in this department, the City shall notify the Land Registry the opening and final determination of disciplinary proceedings for infringement urban notation is practiced in the initiation of such records, in compliance with the provisions of Royal Decree Law 8 / 2011 (published in the BOE on July 7 this year).
The inclusion in the Land Registry of this information will enable purchasers of property to know in advance the possible litigation or irregular situation in which they are found, especially cases that could involve the imposition of fines or demolition.
The intent of this rule is simply to score in the Land Registry there sanctioning of a building, so that the potential buyer knows to ask for a simple note that the existence of disciplinary proceedings, which may result in fines and in order to demolish what you just bought.
The same sources indicate that the main reason is that you can not hide from the seller the existence of this file and for the buyer to know that there is open disciplinary proceedings, and that if he buys you risk having to deal with the consequences of it, mainly its demolition.
If such registration is done by order of City Hall, the purchaser who buys the property and would not be in good faith, since the existence of such sanctioning is registered in the register and, therefore, generally known by the public trust registration granted by the Land Registry.
This initiative is therefore a measure of protection by registration which aims to avoid situations that are impacting very negatively to bona fide third party purchasers who are vulnerable because of actions in which they have not been a party, and ends up causing serious harm, as the ultimate consequence of an infringement case is generally urban requirement to carry out the demolition of illegally built.
The Department of Urban reiterates that this measure is seen as a guarantee granted by the public faith registration to potential third party purchasers in good faith, which may well know through the registry to handle the existence of an infringement case concerning urban with either seeking to acquire.
