The valuation appraisal and expert’s report are fundamental documents in property enforcement proceedings. They inform the judge, creditors and prospective buyers about the property, its value and legal position before auction.
Before an attached property is sold, a technical assessment is required under the Code of Civil Procedure, particularly Articles 568 onwards concerning valuation and forced-sale procedures.
Following attachment under Article 555, the enforcement judge appoints a registered technical expert, usually an engineer, architect or surveyor, to investigate the property and prepare a detailed report enabling a proper assessment.
The appraisal determines market value and the value adopted for the judicial sale, considering location, area, condition, use, construction, local market conditions and any restrictions or irregularities.
The expert’s report goes beyond economic valuation, providing a technical and legal-administrative analysis. The expert checks cadastral, planning and building records against the actual property.
Typical contents include:
• Cadastral identification, including map sheet, parcel and sub-unit.
• Description of the property and ancillary areas.
• Cadastral conformity.
• Planning and building compliance, including existing authorisations.
• Unlawful works and whether regularisation is possible.
• Restrictions, easements, mortgages and other adverse registrations.
• Occupancy status: vacant, occupied by the debtor, third parties or a tenant.
• Market value and auction starting price.
The report provides transparency and protects participants by allowing prospective buyers to understand the property before bidding. Auction purchases rely on the procedural documents rather than the ordinary warranties of private sales.
After filing, the judge uses the report to establish value under Article 568. The sale notice and other necessary documents are then prepared.
Unlike an ordinary private-market valuation, whose main purpose is setting a selling price, the court expert’s report performs a public function within judicial proceedings, supporting proper management of the forced sale.
A judicial custodian, where appointed, may manage and preserve the property and organise prospective buyers’ visits.
The appraisal establishes economic value; the report provides the wider technical, cadastral, planning and legal picture. Together they promote transparency, help the judge establish appropriate sale conditions and enable informed bidding.