Property Area Discrepancy in Spain: What Buyers and Sellers Must Know

One of the most common — yet frequently overlooked — issues in Spanish property transactions is the discrepancy between the area recorded in the Land Registry (Registro de la Propiedad) and the actual physical measurements of the property. This mismatch, known in Spanish law as a diferencia de cabida, can have significant consequences for both buyers and sellers.

What Is a Property Area Discrepancy?

The cabida of a property is its registered surface area, expressed in square metres. A discrepancy arises when the area stated in the deed or the Land Registry does not match the property's real dimensions.

There are two types:

• Excess of area (exceso de cabida): the real surface is larger than the registered one — for example, a property registered at 90 m² that actually measures 130 m²
• Shortfall of area (defecto de cabida): the registered surface is larger than the real one — for example, a deed stating 120 m² when the property is only 100 m²

These discrepancies commonly arise from outdated survey methods, undeclared renovations, administrative errors in the original registration, or imprecise boundary definitions.

Why Does This Matter for Buyers?

A property area discrepancy can affect your purchase in several ways:

• Mortgage problems: Banks may refuse to approve a mortgage or may only value the property based on its registered (not actual) area, resulting in lower financing
• Price disputes: If the real area is smaller than stated, you may be paying more than the property is worth per square metre
• Future resale difficulties: An unresolved discrepancy creates legal uncertainty that can deter future buyers or complicate inheritance proceedings
• Insurance and tax implications: Both property tax (IBI) and insurance premiums are calculated on registered area

Two Types of Sale Under Spanish Law

The legal consequences of a discrepancy depend on how the sale is structured:

Sale as a specific object (venta a cuerpo cierto): The price is fixed for the property as a whole, regardless of its exact measurements. Under Article 1,471 of the Spanish Civil Code, discrepancies in area generally do not entitle either party to a price adjustment. This is the most common format for second-hand property sales on the Costa Blanca.