I got sent this by Mark Wilkins from The Rights Group. Anyone with a property in Estepona needs to read this:
The Catastral Offices, under the directions of the Ministry of Commerce and Finance in Málaga, (Gerencia del Catastro,
Delegación de Economía y Hacienda en Málaga), has recently concluded its revision and updating of the Catastral values for
several municipalities in Andalucía, including ESTEPONA. By now the newly assessed Catastral values should have been
communicated to each property owner.
What is the Catastral value? It is a valuation for each property, which is assessed by the Hacienda and is used for fiscal purposes
(Akin to “rateable value” in England and Wales) including Local Rates (known as “IBI”), personal income and wealth tax. It also
forms the basis of calculation for a compulsory purchase by a local authority.
The Catastral value is calculated from information held by the Real Estate Catastre (a form of Land Registry), which includes market
value statistics. It comprises the land and construction values, which are corrected in line with the specific characteristics of the
property.
The Catastral Valuation Document is a formal certificate that contains the land and construction values, the assessment criteria
and the applicable correction to be applied to the relevant plot. It also sets the limits of what is considered to be urban land. The
Catastral Valuation Document is an official document that is available for public inspection. It can also be consulted in the event
of a revision of Catastral values.
Please note that amongst the
direct consequences of a change in Catastral Values is an increase in annual Personal Income
Tax assessments - which are assessed in line with this valuation - and
an increase in the annual Local Rates or I.B.I. The average
increase in Catastral values for the Estepona region is
30% and in certain circumstances the value has been increased even more
dramatically. In addition, the tax rate for IBI has been raised from 0,85% to 1,10% - which is the maximum allowed under the current
legislation.
The situation in Estepona can be summarized as follows:
· There is a vast disparity in the Catastral value assessments sometimes higher than the real current market value.
· An increase of the tax rate for IBI from 0,85% to the maximum allowed 1,10% (the Law allows an increase
ranging from 0,4% up to a maximum of 1,10%)
· Unconstitutional discrimination for non-residents in the subsidy for Local Rates being only applicable to residents
in Estepona and business.
· Duplicity of payment for rubbish collection tax.
Changes in the Catastral values may change over time due to one or more of the following reasons:
· Increases in market values
· Monetary depreciation
· Changes in municipal town planning such as an increase or decrease in the building density area of certain plots.
· Changes in the classification or qualification land.
· Changes in the use of the building.
· Physical changes as a result of new construction, demolition or segregation.
There are various mechanisms to change the Catastral values depending on the prevailing circumstances:
· Updating. There are automatic procedures through the application of coefficients as established by the various
Spanish budgetary laws. These usually coincide with the C.P.I. - the Annual Rate of Inflation. This update is not
applied in those municipalities whose last Catastral revision took place in 1997 or later.
·
Catastral revision. A procedure whereby a new Catastral value is assigned to all real estates in a particular municipality. The law stipulates that a Catastral revision should be made every ten years.
· Modification. A procedure by which a new Catastral value is assigned, normally to part of the real estate of the municipality.
· Appraisal due to changes in its use or a modification of its physical characteristics.
You have the right to be informed of the criteria used in the revision of the Catastral value for your property.
In the event that
you do not agree with the new assessment, you can appeal against it, although there is a time limit within which you must
submit your appeal:
- In case that you have already received the notification of a change to the catastral value for your property, the period
within which to appeal will be one month after the date of notification but in any event
no later than 16th of
March, 2008..
- In case that you have not received the notification and it is collected by you in person, the deadline to appeal is also
16th of March, 2008.
If you have not been notified of changes to the Catastral value affecting your property, you may request it in person from your
local Town Hall or you may prefer to provide us with your written instruction for us to obtain it on your behalf -
bearing in
mind the deadline of 16th March 2008.
New owners: you should check if your change of ownership has been correctly noted in records of the Town Hall, failing which you
may not be properly advised of the potential changes that affect your property,
Mark FR Wilkins
The Rights Group - TierraFirma
mark@therightsgroup.com
www.therightsgroup.com
Tel: 0034 600 343 917