EVOLUCIÓN Y ACTUALIDAD EN EL CONTROL REGISTRAL DE LA EDIFICACIÓN (V. PREMIO RCDI).

Abstract

A declaration of new construction must be looked upon in two ways: as the mere recording of a fact and as the acquisition of an owner's right in what has been built. The regulations on checking the registrability of buildings have undergone major modifications from the terms in which they were initially cast in the Spanish Mortgage Act. This has been in accordance with the evolution of urban planning laws and regulations and the greater importance that urban planning has taken on in current society. The original rules were permissive and called for few requisites. Requirements have since been gradually added that have different scopes and purposes, and their implementation through regulations and their interpretation through doctrine and case law have attained a certain precision of profile. For example, a municipal license, a technician's certificate and a ten-year policy insuring against defects of construction are now required. One point that admits of special emphasis is the latest reform enacted through the 2007 Land Act, whose practical application has not been free of difficulties due to differences over its interpretation. Lastly, the Act makes it compulsory to prove that the building book (a particular set of documents concerning the building and its installed systems) has been provided, and it declines the requirement of the first occupancy permit.