How to tell whether the garage space is included in the sale of the flat

1) The key point: do not assume the parking space is included

When a property is sold, the garage space is not always included automatically. It may form part of the same registered property, be listed as an inseparable annexe to the home, or be an independent property unit with its own description and, therefore, a separate transfer.

In practice, the answer is not found through intuition or by the building’s usual arrangements, but by reviewing three layers of documentation: the title deed or deed of horizontal division, the Land Registry description and the sale and purchase agreement. If those documents do not match, it needs to be clarified before signing.

The Horizontal Property Act recognises that each flat or unit may have annexes expressly identified in the title, even if they are located outside the defined space. In Article 3 it states that each flat or unit has the exclusive and singular right over “the annexes expressly indicated in the title”, and Article 5 requires the description of each flat or unit to set out its annexes, “such as a garage, attic or basement”. Private internal validation quote: “the annexes expressly indicated in the title” and “that of each flat or unit shall state… the annexes, such as a garage, attic or basement”

2) What to check in the deed: independent property unit, annexe or simple mention

The first step is to read the seller’s title deed and, if it exists, the deed of horizontal division or new-build deed. There it is usually clear whether the garage space is:

1. **An independent property unit**: it has its own registry reference and can be transferred separately.

2. **An annexe to the home**: the parking space is tied to the main home and must be transferred with it if it has been set up that way.

3. **A mere description or reference to use**: it is mentioned, but not formally attached to the property being sold.

If the parking space is an independent property unit, the seller must appear as the owner of that specific unit and the contract must include it expressly. If it is an annexe, the deed must say so clearly; it is not enough to have a generic reference such as “includes parking space” if that space is not then linked in the Land Registry.

3) How to verify it in the Land Registry extract and with the residents’ association

The Land Registry extract is the most useful document for comparing what appears in the deed with the registry reality. The Community of Madrid explains that it allows you to know the legal status of the property, its charges and whether the person selling is really its owner. It also notes that the description may include linked elements such as entrance halls, storage rooms or associated shares. That logic also serves to check whether the garage appears within the same property unit or as a different one.

According to the practical information from the Community of Madrid, the Land Registry extract contains the description of the property, the ownership details and the charges, and it also indicates the horizontal division and any possible share with other elements. That makes it possible to check whether the parking space is attached to the home or not. The same guide also warns that the buyer should review community fees and, in general, the financial situation of the property. In particular, it notes that it is important to verify that the home is up to date with community payments, because debts can affect the buyer in the legally provided terms

4) What the contract must say so there is no doubt

If the garage space is sold together with the flat, the contract must identify it expressly. An ambiguous formula is not enough if there are several spaces, if there is a specific registry annexe or if the space belongs to another property unit.

Check that the contract includes:

1. **Exact identification of the home**.

2. **Exact identification of the garage space** if it is being transferred.

3. **A reference to whether the space is an inseparable annexe or an independent property unit**.

4. **Total price or breakdown**, if a split between home and garage has been agreed.

5. **Reference to the deed and the register**, so that they match what has been signed.

Common mistake: assuming that a space “that has always been used” is included in the sale even though it does not appear in the deed. Use does not replace title. If the space is independent and not mentioned in the contract, the buyer may end up buying the flat and not the space.

5) Practical steps for seller and buyer

Before signing, follow this order:

1. **Request the full deed for the home** and, if it exists, the deed of horizontal division.

2. **Request the Land Registry extract for all the properties involved**: the home and the garage space, if you suspect they are different.

3. **Check the registry description**: whether the space appears as an annexe, as an independent property unit or does not appear at all.

4. **Review the private contract or deposit agreement**: it must match the registry reality exactly.

5. **Require rectification if there are discrepancies** before going to the notary.

If you want a quick check before closing the sale, you can request an indicative valuation and review with documentation at /valoracion-vivienda-madrid. If you prefer to resolve a specific case, you can write to /contacto.

6) Mistakes worth avoiding

- Assuming the space is included because a key or remote control is handed over.

- Confusing “exclusive use” with linked ownership.

- Signing a deposit agreement without describing the space precisely.

- Not checking whether the space is registered as an independent property unit.

- Mixing the space with other property units in the building in the contract without identifying them one by one.

7) When an individual review is needed

General guidance is useful, but each transaction may vary if there are inheritances, co-ownership, discrepancies between the Land Registry and the cadastre, double spaces, annexes that are not properly described or independent property units with a separate transfer. In those cases, the prudent course is to review the deed, the Land Registry extract and the contract before signing.

At UBICASA, the online estimate is indicative and does not replace an official valuation; it allows you to obtain a range and a PDF report, with an optional visit if a more precise review is needed. If you would like to check the documentation for your flat and the garage space before selling, go to the office at Montesa 29, Madrid, Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.