CADASTRAL REGULARIZATION PLAN Cadastral Regularization Plan 2013-2017 Amalia Velasco Spanish Directorate General for Cadastre.

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Presentation transcript:

CADASTRAL REGULARIZATION PLAN Cadastral Regularization Plan Amalia Velasco Spanish Directorate General for Cadastre

CADASTRAL REGULARIZATION PLAN Recurrent local property tax is the main income for the Spanish municipalities Recurrent local property tax is calculate from the Cadastral Value for each property. Spanish Directorate General for cadastre is responsible to asses the Cadastral Values.

CADASTRAL REGULARIZATION PLAN Physical data of real estate: land surface, buildings surface, conservation status, use (legal and actual one), typology, year of construction ….. The cadastral value for each property is determined objectively from the data in the Real Estate Cadastre.

CADASTRAL REGULARIZATION PLAN Methodology for the valuation The selection of a methodology was determined by law the cadastral value must comply with the following basic requisites: it must be fair, objective, directly related to the market and calculated from the cadastral data. The cadastral value is composed of the value of the land + the value of the buildings

CADASTRAL REGULARIZATION PLAN Values of the properties go down What happens in crisis periods? New All

CADASTRAL REGULARIZATION PLAN What happens in crisis periods? The construction activity also goes down Less Cadastral Activity Less work for the Companies that work for cadastre

CADASTRAL REGULARIZATION PLAN What happens in crisis periods? Incomes of the municipalities.

CADASTRAL REGULARIZATION PLAN Increase of property tax face strong resistance in crisis periods. Our only way to improve the financial situation of municipalities is increase the Cadastral Inspection system to ensure that everybody pays the adequate amount. But normal legal inspection proceedings are complicated and slow

CADASTRAL REGULARIZATION PLAN And on the other hand, now a days, the technical level of the Spanish Cadastre and the technological developments allow us to demonstrate the existence of a certain grade omissions of constructions and undeclared alterations (extensions, reforms, renovations changes of use ),.

CADASTRAL REGULARIZATION PLAN plan specially designed, of validity limited to five years, with easy implantation in the whole territory, Self-financed, and of agile, effective and efficient procedure plan specially designed, of validity limited to five years, with easy implantation in the whole territory, Self-financed, and of agile, effective and efficient procedure Cadastral Regulation Plan

CADASTRAL REGULARIZATION PLAN The Spanish General Directorate for Cadastre, following the strategic policy of the Ministry of Finance and Public Administration, launched in 2013 this ambitious plan aimed to combat real estate tax fraud and to boost local finance New legal procedure: cadastral regularization procedure It was necessary to made modifications of the legal regulations

CADASTRAL REGULARIZATION PLAN This procedure, has the objective to incorporate to the cadastre the omitted construction and undeclared alterations extensions, reforms renovations change of use..etc and to assign them their corresponding cadastral value, New legal procedure: cadastral regularization procedure so that the owner pays the tax in concordance with the reality and that the municipalities can obtain the necessary incomes

CADASTRAL REGULARIZATION PLAN The target of the plan is that the property description of the real estate affected agrees with the reality. In Spain the declaration to the cadastre is obligatory by law and also the alterations of its characteristics but in cases of non-compliance with the obligation to declare the regularization procedure allows us to update in the Cadastre all the information necessary to describe the real estate and to can obtain the cadastral value

CADASTRAL REGULARIZATION PLAN To get this objective, for each year, the Ministry of Finance has allocated 40 million Euros to the Spanish Cadastre budget

CADASTRAL REGULARIZATION PLAN Nevertheless, the circumstances and the economic situation of Spain in the moment force an essential requisite The development of the property regularization plan must be Financial self-sufficient in its execution Without implying any cost for the municipalities The invest money of the government will be recovered through a cadastral regulation fee that will be charged to taxpayers who are regulated by this proceeding. cadastral regulation fee

CADASTRAL REGULARIZATION PLAN New legal procedure: cadastral regularization procedure years project EFFECTS in the incomes of municipalities: additional income (in the future) and recovery of arrears of up to 4 years and other local taxes, as the municipal capital gains, that are also based in the Cadastral Value, will be also raised

CADASTRAL REGULARIZATION PLAN We detected omitted constructions, rehabilitations, additions and other alterations, from aerial photographs, (Historic series) LIDAR, photographs of façade for all the buildings of a municipality, oblique photographs and additional work and field work. Very good tools has been implemented to integrate these information with our database and documentation, to be able to manage the proceeding

CADASTRAL REGULARIZATION PLAN Detection of incidences is a technical work that is realized by the civil servants of the territorial offices

CADASTRAL REGULARIZATION PLAN

The biggest project never done by Spanish Cadastre Complex planification and execution 8 municipalities, urban real estates and rural cadastral parcels a day Homogenization of criteria, instructions, coordination etc…..by the central office of the cadastre Responsibility of the work ………by Instrumental Company of the Spanish Government. SEGIPSA Field works ….. by the local/regional/national 119 private companies homologated by SEGIPSA Detection of discrepancies and quality control of the results, resolution of allegations and appealing …….by territorial offices PPP Public- private partenship

CADASTRAL REGULARIZATION PLAN

We included it, with the others of the same municipality, in a regularization process in 2013

CADASTRAL REGULARIZATION PLAN We contract external companies to do the field work and to incorporate the data to our system The technicians of the head and territorial offices check the quality of the work

CADASTRAL REGULARIZATION PLAN

Another example with calculation of cadastral value and recurrent local property tax Status 2013 New Status

CADASTRAL REGULARIZATION PLAN Communication of the beginning of the procedure and allegation period. to owner if it is necessary to neighbors Regularization fee that it is liquidate at the end may be it is necessary to practice requirements (under the duty of cooperation and punish its lack of attention ) Administrative Proceeding 1 the allegations are studied and, if it is the case, they will be sent back to the company that performs the work

CADASTRAL REGULARIZATION PLAN

Regularization fee

CADASTRAL REGULARIZATION PLAN The regularization agreement (appealing is possible ) The leaflet of the resultant property description The explanatory sheet with the information of : the changes produced (for contrast of previous and later situation); previous and later cadastral values; and graphic annex (photo and cartography); 2

CADASTRAL REGULARIZATION PLAN

We also notify to the owners by mail a safe verification code which allows them to view in the cadastral virtual office the previous and posterior situation and other information Also with this safe verification code they can present allegations and appeals

CADASTRAL REGULARIZATION PLAN More than 11 million urban real estate and 10 million rustic parcels have been verified. More than 2,5 million photos has been obtained More than 11 million urban real estate and 10 million rustic parcels have been verified. More than 2,5 million photos has been obtained In 2014, the regularization procedure has been completed in 941 municipalities

CADASTRAL REGULARIZATION PLAN MUNICIPIOS January 2015 Working in 15 MILLONES DE INMUEBLES URBANOS Y 14 MILLONES DE PARCELAS RÚSTICAS

CADASTRAL REGULARIZATION PLAN Conclusions Spanish Cadastre is performing this ambitious plan with success Is improving the quality of the cadastral data base of buildings Is accepted by the citizens Is fighting against real estate tax fraud and is helping to boost local finance Of course with a lot of work!!!!! We are convinced that this proceeding help to remember the citizens the obligation to declare to the cadastre and we hope never need to do a plan like this again

CADASTRAL REGULARIZATION PLAN Thank you for your attention