Can Someone be Removed from the Municipal Register without Their Consent?

The municipal register is an administrative record managed by each city council in Spain. It serves to collect data on all people who are habitually residing in said municipality, regardless of nationality, age, or legal status. All people have the right to be on a municipal register and, sometimes, it is an obligation for those who reside in Spain. Throughout this post, we will explain if someone can be removed from the municipal register without their consent, how to do it, and how to know if someone is registered at your house.

Functions of the Municipal Register

• Prove habitual residence. Registration on the municipal register is the official proof that a person is living in a specific municipality. This document is necessary when applying for procedures such as applying for social aid, enrolling in a school, or obtaining residence permits.
• Determine resources and services. The data from the municipal register allows city councils to plan essential public services, including healthcare, transportation, waste collection, or education. All of these must be adapted to the real population that exists in the municipality.
• Political rights. To exercise the right to vote in local, municipal, general, and European elections, you must be registered. To be part of the electoral census, it is also necessary to have it.
• Official statistics. The National Institute of Statistics (INE) uses registered individuals as a primary source of information, and uses it to develop official population figures and other demographic indicators.

To apply for the municipal register, you need to have a DNI (National Identity Document), NIE (Foreigner Identity Number), or passport, along with proof of address, to corroborate that you reside in the place where you want to register (rental agreement, property deeds, or a utility bill). This request can be made at the City Hall or online. In addition, you can consider installing a security and alarm system for your home to protect your home and guarantee your peace of mind and security.

The municipal register not only guarantees you access to services, but also helps municipalities function efficiently, for this reason it is important that the data is kept up to date, especially if there have been changes of address.

Can I Remove Someone from the Municipal Register without Their Consent?

The municipal register reflects the habitual residence of a person in a specific municipality, for this reason it is not possible to remove someone from the register without a legal procedure, since registration is linked to the right of residence and other rights that are fundamental.

Cases in which you can request deregistration:

• The person no longer resides at the address. If you have a rented house and those tenants were registered in it, they have left, and they are still registered in it, as the owner you can notify the city council and start the process to remove them from the register.
• Improper use of the register. If the registered person has never resided in that home or has used the register fraudulently, the municipal authorities can be informed.

How to Remove Someone from the Municipal Register?

Below we give you 3 steps to remove someone from the register:

1. Notify the City Council. The interested party has to submit a request to the City Council where evidence is provided that proves that that person no longer resides at the address.
2. Municipal investigation. The city council will carry out checks, these may include a visit from an inspector or request additional documentation.
3. Hearing to the affected party. The person who is being deregistered has the right to be informed and provide evidence that they are still residing at that address before a decision is made.

How to Know if Someone is Registered at My House

Sometimes the need may arise to verify if there is someone who is registered at your own address, either because you are no longer residing there, because the property is yours, or because you suspect that someone may have registered.

Next, we indicate how to know if someone is registered at your house:

1. Request a Historical or Collective Registration Certificate

Go to the corresponding City Council and request a historical or collective registration certificate of the address. It reflects the people who are currently registered in the home. In order to obtain it, you must prove that you are the owner of the property or demonstrate your relationship with said home, for example, with a rental agreement.

2. Check in the Community of Neighbors or Supplies

To detect possible unauthorized registrations, sometimes it can be known by reviewing the correspondence, the supply contracts or the community records that are related to the property.

3. Consult the City Council

In some city councils, specific consultations can be made if there is a suspicion that there is a fraudulent use of the register.

In the event that you discover that there is someone registered in your home without your authorization and, obviously, without them residing there, you must initiate a cancellation procedure, in order to carry it out you have to submit a request to the corresponding City Council and provide the necessary evidence. Afterwards, the City Council will be in charge of notifying the affected person and carrying out the necessary checks before proceeding to remove the person or persons from the register.

It is important to act quickly, since the municipal register not only affects rights such as access to public services, but can also influence taxes and other legal procedures related to the address.