How to sell a property if the Land Registry area does not match the deed

Selling a property when the Land Registry area does not match the deed requires order and caution. This is not about “choosing” the figure that suits you best, but about identifying what each document measures, finding out why the difference exists and leaving the transaction properly documented to avoid issues with deposits, the notary or the owners’ association.

The first important point is this: not all areas mean the same thing. In a sale and purchase, usable area, built area and, in some cases, references to common elements or annexes may appear. If you mix up those concepts, the buyer may think there is a material error or, worse still, a discrepancy about what is actually being transferred.

What each area means and why it may not match

Usable area is the part that can actually be used within the property. Built area generally includes the walls and other elements that form part of the building. And when the property is in a building under horizontal property ownership, the proportional share of common elements also comes into play, although that share should not be confused with the private area of the property.

Under the Horizontal Property Act, the constitutive title itself may describe each flat or unit with its size and set the participation quota on the basis of usable area, among other criteria: “**Para su fijación se tomará como base la superficie útil de cada piso o local en relación con el total del inmueble**” (Law 49/1960, on Horizontal Property, art. 5). That quotation is useful for understanding that the legal description of a property and the allocation of quotas do not always rely on the same measurement used by the Land Registry.

The Land Registry, for its part, usually records the built area and the cadastral reference within the description of the property. The Community of Madrid summarises that cadastral information by indicating that the simple note or registered documentation may include “**superficie construida y útil**” and the “**Referencia Catastral**” (Community of Madrid, property sales and purchases).

For that reason, a difference between the Land Registry and the deed does not automatically mean there is a serious problem. It may be due to:

1. The deed describing usable area and the Land Registry describing built area.

2. One of the two references being out of date.

3. Renovations, divisions, extensions or later adjustments that are not reflected in the same way across all documents.

4. Measurement or transcription errors.

What you should check before putting the property on the market

Before advertising the property or signing a deposit agreement, it is worth doing a basic document review. You do not need to resolve everything at once, but you do need to know exactly what you are selling and how you will present it.

### Recommended steps

1. **Gather the purchase deed or title deed**.

Check how the property is described: usable area, built area, annexes, boundaries and quota, if shown.

2. **Check the Land Registry information**.

Verify the area and description shown there. If there is a discrepancy, note exactly what it consists of.

3. **Review the Land Registry simple note**.

This will help you check the legal identification of the property and see whether the description matches the other documents.

4. **Check whether there have been works, extensions or reconfigurations**.

An internal refurbishment does not always change the registered area, but it can affect the physical reality of the property and create doubts if the current measurement does not match the paperwork.

5. **Commission a survey from a professional**.

When the difference is significant or unclear, the most prudent course is to have an architect, architectural technician or surveyor measure the property and prepare a clear report.

6. **Prepare a coherent explanation for the buyer**.

In a sale, the key is not to hide the difference, but to explain it properly and with documentary support.

How to act if the difference is between usable, built and common areas

Many discrepancies arise from comparing different measurements. For example, a deed may state usable area and the Land Registry built area. In other cases, the buyer looks at the marketing figure in the advert and compares it with a legal area that does not include certain elements.

Here it is worth separating three levels:

- **Physical level**: what the property actually measures.

- **Documentary level**: what the Land Registry, deed and Register say.

- **Marketing level**: the way the property is presented to the market.

If the property forms part of a community, the Horizontal Property Act also reminds us that each flat or unit has private elements and others that are common: “**corresponde a cada piso o local […] la copropiedad […] de los restantes elementos, pertenencias y servicios comunes**” (Law 49/1960, art. 3). This helps explain why the private part should not be confused with the common one.

Practical tip: when you commission the technical survey, ask for the report to clearly distinguish between usable area, built area and any accessory element. That way, you will avoid the buyer interpreting one figure as if it were another.

What you should not promise in the sale

A common mistake is to claim that, simply by selling, you will be able to “correct the Register” or “sort out the Land Registry” without further ado. It is not wise to promise that. If there is a discrepancy, regularisation requires assessing the origin of the error and, where applicable, following the specific procedure that applies.

It is also worth avoiding two further mistakes:

1. **Using a single area without clarifying which one it is**.

If the advert refers to metres “according to the Land Registry”, “according to the deed” or “according to technical measurement”, say so explicitly.

2. **Amending documents without checking the legal effect**.

A technical survey may help guide the sale, but it does not by itself replace any changes that, where appropriate, must be made to public or administrative documentation.

The general guidance is simple: measure well, compare well and explain well. What you should not do is confuse a marketing measurement with a document amendment.

What to do to sell safely

If you want to move forward without setbacks, this order usually works well:

1. Compare the deed, the Land Registry and the simple note.

2. Identify whether the discrepancy is simply a matter of measurement criteria or whether there may be a real error.

3. Ask for a technical survey if the difference raises doubts.

4. Prepare the documentation so that the buyer, the notary and, where applicable, the owners’ association understand the situation.

5. If the discrepancy affects the transaction, seek individual advice before signing the deposit agreement or deed.

If you would like an indicative valuation of your property before putting it up for sale, you can use our online property valuation in Madrid. You will receive an indicative range and a PDF report, with an optional visit if needed. And if you would prefer to review your specific case, you can contact us at /contacto.

At UBICASA, at Calle Montesa 29, Madrid, we are open Monday to Friday from 10:00 to 15:00 and from 16:00 to 19:00.

In short, selling a property with an area discrepancy is not an insurmountable problem, but it is a situation that calls for precision. Distinguish between usable, built and common areas, check the documents, measure with a professional and do not promise amendments that depend on a specific procedure. With that basis, the sale is much better prepared and there is less risk of surprises at completion.