The Padrón is a register with a list on names of neighbours that must be updated periodically under the guidance of the INE (Institituto Nacional Estadisticas) National Institute of Statistics.
Those citizens registered do not have the automatic right to be considered as a legal resident. There are rights and duties for those registered. It should be noted that those who are not bona fide residents but are habitual residents of the town can register and that the town halls have the obligation to allow their names to be included on the register. It is not for the town halls to enter into the matter of residency status. Should add that the law does contemplate that those registering would be considering taking up residency.
The General Directorate of Police will communicate monthly to the INE the relationship of foreign citizens who have been granted permanent residence authorisation (long duration) and those who have lost it.
The register is private but the public administrative offices can access the data.
Town halls provide the National Institute of Statistics with the changes in the register monthly.
All registered inhabitants must communicate any changes to the padrón office. The register is kept up to date by; notifications by the inhabitants of any changes, information provided by other administrations and the work of the town hall. Those inscribed in the register have the right to know of the data registered every five years.
Take note that though the census for the National Institute of Statistics is separate to the padrón, the data is taken from the register. Important as this census holds figures of the population in Spanish towns and regions. This data is also provided to the EU.
Updating the Register
Foreign residents: Modifications will be made when the municipalities, after they have made the necessary often-periodic checks, have verified the continuity of the residence in the municipalities of foreigners who do not have the obligation to renew. These include the citizens of the European Union and the States party to the Agreement on the European Economic Area, as well as those who, without being a member of these countries have a Community residence, Family members) and those with long-term residence permits).
To this end, the municipalities may request citizens to make a written confirmation of the continuity of their residence, or to use other means. In the event that such residence cannot be verified, a record and process of dismissal will be initiated.
Non-EU and those EU who are not registered on the central register for foreigners will have to renew their padrón personally every two years. The town hall have the right to remove those who have not renewed without the obligation to notify the person/s.
Removal from the register
!) Defunction. The register civil provides this information to the town halls monthly.
2) Transfer to another region or abroad. (Change of address in the municipality only causes an amendment).
3 For double entry.
Addition to the register
!) Births. (Civil Registry advises the town hall monthly). Parents or guardians can also add the newborn with birth certificate and libro de familia.
2) Change of residence.
3) For omission.
Take note that though the census for the National Institute of statistics is separate to the padròn, the data is taken from the register. Important as this census holds figures of the population in Spanish towns and regions of Spain and also provides this data to the EU.
Updating the Register
Foreign residents. Modifications will be made when the municipalities, after making the necessary often-periodic checks, have verified the continuity of the residence in the municipalities of foreigners who do not have the obligation to renew. These include the citizens of the European Union and the States party to the Agreement on the European Economic Area, as well as those who, without being a member of these countries, have a Community residence Family members) and those with long-term residence permits). For the above citizens, the town halls should carry out these checks every five years.
Registering Obligation EU Citizens
Modification to the padrón law 2015:
“The number that must appear in the registration, according to Law 7/1985, is the valid residence card issued by the Spanish authorities or, failing that, the document of identity or valid passport issued by the authorities of the country of origin.
However, since the entry into force of Royal Decree 240/2007, of February 16, on entry, free circulation and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on Space European Economic, which imposes on them the obligation to register in the Central Registry of Foreigners if they intend to stay or fix their residence in Spain for a period exceeding three months, the reference to the current residence card of article 16.2.f) ( that has ceased to be issued) shall be understood as made to the Alien Identification Number that appears on the Union Citizen Registration Certificate issued pursuant to the provisions of article 7 of the aforementioned Royal Decree (2)”.
Data needed for inscription. Art. 57
1. The registration in the municipal register will contain as mandatory only the following information of each neighbour:
a) Name and surnames.
c) Habitual address.
e) Place and date of birth.
f) Number of national identity document or, in the case of foreigners, of the document that replaces it.
g) Certificate or academic or academic title that he / she possesses.
h) How many other data may be necessary for the preparation of the electoral census, provided that respect for the fundamental rights recognised in the Constitution is guaranteed.
2. On a voluntary basis, the following data may be collected:
a) Designation of the persons who can represent each neighbour before the Municipal Administration for the purposes of registration.
b) Telephone number.
Owner: Title of property escritura nota simple
Tenant: Contract and utility bill or last receipt of payment
The town hall has the power to accept other documents, making the necessary checks (supplies of Electricity, water, etc.). In addition, the municipal manager can verify by other means (local police report after inspection to verify that the person applying to register actually lives at that address, and if so, inscribe in the register.
Is important to know that the town hall does not have the right to question the legality of the dwelling used as an address. Those who live in a caravan, shack or even a building without a roof, must be allowed to go on the register.
Those who do not register, are breaking one of the town hall regulations (ordenanza’s) and could be sanctioned. Not likely but the law is in place.
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