Municipal Register

OF THE MUNICIPAL REGISTRY 
Of the mandatory nature of Registration in the Register of the Municipality in which one habitually resides. 
Every person who lives in Spain is obliged to register in the Register of the municipality in which they habitually reside. Anyone who lives in several municipalities must register in the one they live in for the longest time per year. Thus, the status of neighbor is acquired at the same time of registration in the Register.
Therefore, the Municipal Register is the administrative record where the residents of a municipality appear. Your data constitute proof of residence in the municipality and habitual residence therein. The certifications issued for said data will be public and authentic documents for all administrative purposes.
Registration in the municipal Register will contain the following mandatory information:
  • Name and surname
  • Sex
  • Habitual residence
  • Nationality
  • Place and date of birth
  • National identity document number or, in the case of foreigners
  • Number of the residence card in force, issued by the Spanish authorities, or failing that, the number of the identity document or passport in force issued by the authorities of the country of origin, in the case of citizens who are nationals of Member States of the European Union, of other States party to the Agreement on the European Economic Area or of States to which, by virtue of an international convention, the legal regime provided for citizens of the aforementioned States is extended.
  • Foreigner identification number (NIE) that appears in a valid document issued by the Spanish authorities or, failing that, because they are not holders of these, the number of the valid passport issued by the authorities of the country of origin, in the case of of national citizens of States not included in the previous paragraph, unless, by virtue of a Treaty or International Agreement, they enjoy a specific visa exemption regime in matters of small border traffic with the municipality in which registration is intended, in in which case, the corresponding visa will be required.
  • Certificate or academic school title that is held.
  • Any other data that may be necessary for the preparation of the Electoral Census, provided that respect for the fundamental rights recognized in the Constitution is guaranteed.
If I do not have a DNI/NIE or passport, what other documents can I present for the Register?
  • It is also important to remember that there are other documents that are considered valid for identification:
  • The photocopy of any stolen or lost identification document, whether it was valid or expired, provided that it is accompanied by the complaint made in this regard to the Police, together with the request for renewal of the document itself and provided that this request entails an extension of validity.
  • The registration card, which replaces the passport and is granted in Spain to those foreigners who, for some reason, are not documented by their country or to those who lack nationality (stateless persons). Travel titles; These are documents issued, like passports, by the competent authorities of the country of origin or provenance of their holders or by international organizations authorized to do so by international law and which, in any case, must contain sufficient data for the determination of the identity and nationality of the owners.
  • The provisional identity documents that are provided to asylum seekers and that are issued once the application has been processed, the provisional asylum application documents that specify that it is a provisional document awaiting approval are not valid. whether or not your request will be admitted for processing.
  • The photocopy certified by the Ministry of the Interior, Courts or Tribunals of a valid passport retained, which will be valid during the validity period of the aforementioned passport.
  • Identity documents issued by the Secretary of State for Penitentiary Institutions for people confined in said institutions in which an identification number, photo and fingerprint of the person in question appears.
  • The Spanish driving license, and the mandatory data that does not appear on it (sex, nationality and place of birth) must be accredited by another document.
  • Documents issued by the Ministry of Foreign Affairs and Cooperation (consular identity documents and accreditation documents from international organizations), and the mandatory data that is not included in them must be accredited through the passport.
  • * Spanish minors may not have a DNI until they are 14 years old, so their identification data will be accredited until then through the Family Book or Birth Certificate.
  • Likewise, for foreign minors born in Spain, their registration in the Civil Registry and its transfer to the corresponding Family Book is mandatory, so this will also be a sufficient document to prove their identification data for a maximum period of three months. from birth, after which said accreditation will be carried out with the same documentation required for adults.
  • For foreign minors not born in Spain, the law does not make a distinction with adults, so the same identification documents will be required for both.
I am afraid to register in the Register
According to Resolution of the Ministry of the Presidency of March 16, 2015, of the Undersecretariat, by which the Resolution of January 20, 2015, of the Presidency of the National Institute of Statistics and of the General Directorate of Coordination of Competencies with the Autonomous Communities and Local Entities, on technical instructions to the City Councils on management of the municipal register, in its considering 2.1 it says: “the objective of requiring identification documentation when requesting registration in the Register is exclusively to verify that the identification data ( name, surname, document number, nationality, sex and place and date of birth are correct, regardless of the legal status of the foreigner in Spain. The City Council is not responsible for carrying out any control over the legality or illegality of residence in Spanish territory. from any of his neighbors.
On the other hand, it should be noted that the validity of the registration in the Register of these foreigners is independent of the validity of the document that served as the basis for it. Therefore, the registration does not expire when said document is no longer valid.
In the case of foreigners with a stay or residence permit or without administrative authorization of residence in Spain so that the registration in the Municipal Register takes effect in accordance with article 15 of Law 7/1985, of April 2, Regulating the Bases of the local Regime, must be periodically renewed every two years when it comes to the registration of non-EU foreigners without permanent residence authorization. Special diligence must be taken in compliance with this condition since the consequence of the lack of periodic renewal is the expiration of the registration, which is declared without the need for a prior hearing of the interested party.
I do not have a rental contract to register in the Register. What can I do?
When you do not have the title that enables or justifies the occupation of the home, the written authorization of a person of legal age who is registered at that address must be required. The person who authorizes must have some title proving effective possession of the home (ownership, rental...) in their name.
Special registration cases  
  • Registration in collective establishments
When the discharge occurs in a collective establishment (residences, convents, nursing homes, or any other establishment of a welfare, religious, military nature, etc.), the authorization must be signed by the person in charge or responsible for the center. and the completion of the registration application (registration sheet with the mention “Collective››”), which will include the center's seal.
Registration of homeless people
As indicated above, the Register must reflect the address where each resident of the municipality actually lives and in the same way that the registry registration is completely independent of legal-private disputes over the ownership of the home, it is also independent of the circumstances. physical, hygienic, sanitary or other types that affect the home. Consequently, substandard housing (shanties, caravans, caves, etc. and even the total absence of a roof) can and should appear as valid addresses in the Register.
For this type of registration, the following conditions must be met:  
  • That social services are integrated into the organic structure of any Public Administration or under its coordination or supervision.
  • That those responsible for these services report on the habitual residence in the municipality of the neighbor who is intended to be registered.
  • That the social services indicate the address that must appear in the registry and undertake to try to practice notification when a communication from any Public Administration is received at that address.

Under these conditions, the registration address will be the one indicated by the Social Services: the address of the Service itself, that of the municipal shelter, that of the specific geographical point where that neighbor usually spends the night, etc.

In this sense, the Social Worker must prepare a reasoned report on the interested person indicating the situation in which they are found, of social exclusion, which is why it is not possible for them to register by the usual means as they do not have an address, with the purpose of proceed with your registration, taking into account the current legislation on the matter.
What is the Register for?
The registration is the document that certifies the time spent in Spanish territory, regardless of nationality or legal status, that is, without administrative authorization to reside in Spanish territory.
Therefore, it is always advisable to register as soon as possible, due to its mandatory nature, since this document will be necessary:
  • To apply for a residence and work permit
  • Apply for a health care card
  • Request the exchange of the driving license if there is an agreement with the country of origin and of which you hold nationality
  • To carry out the mandatory school registration of minor children
  • And other procedures.
Rafael Reyes Pulido