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The Directorate General for Legal Certainty and Public Faith has confirmed that the negative assessment by the Valencia No. 3 Land Registrar was correct. It has been established that the registration of a private unit's surface area cannot include its corresponding share of common elements, as this contradicts the concepts set out in the Horizontal Property Act (Articles 3 and 5). While the mention of surface areas in common elements is a cadastral data point, it is neither relevant nor should it appear in the Land Registry.
For owners undertaking changes of use or divisions under the horizontal property regime, land registry entries will be limited exclusively to the private surface area. To avoid conceptual confusion between private and common areas, the total surface area 'including common elements' cannot be recorded in the Land Registry certificate (nota simple). Technicians and notaries must ensure that descriptions of independent units strictly adhere to the private surface area to prevent further negative assessments.
The tax team reviews your specific situation.
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