The obligation to file the Building Book in the Property Registry. Proposal for a legal development of this obligation

Abstract

Law 13/2015, of June 24, introduced the obligation to file the Building Book in the Property Registry, with the aim of making all the information contained therein available to purchasers. However, this legal declaration has not been accompanied by the corresponding regulatory development, which regulates how this obligation must be fulfilled by the promoters of the constructions and communities of owners under a horizontal property regime. The purpose of this article is to propose the legal regime that must regulate the fulfilment of this obligation. To do so, we will start from the necessary recognition of the legal personality of the communities of owners under a horizontal property regime and the appropriate structuring of the document that must be filed in the Registry, to delimit the way in which said Building Book must be filed in the Property Registry, so that its information can be made available to the purchasers of the property in a comprehensible and optimized way.