Nota Simple Spain: What to Check Before You Buy

A nota simple in Spain is the Land Registry extract that shows who really owns a property and whether it carries mortgages, court attachments or easements. Request it before you sign the arras contract, the deposit contract that binds buyer and seller, even if the seller assures you the home is "clean".

British buyers may compare it with an official copy of the register from HM Land Registry. The Spanish extract has its own limits, explained below.

What is a nota simple, and what does it prove?

A nota simple is a purely informative extract from the Registro de la Propiedad: it shows the property, its registered owners and the rights and charges recorded at the moment of the request. Under articles 222 and 225 of the Ley Hipotecaria (BOE), it does not certify the registry content. The document that proves against third parties that a property is free of charges or encumbered is the registry certificate (certificación registral).

The nota simple includes the registered description: floor area, boundaries and cadastral reference. Since 9 May 2024 it is issued in electronic format with a verification code. Use it to guide the registry check, and complete it with the planning, technical and debt checks described further down. On its own, the nota simple does not cover everything a buyer needs to know.

What does a nota simple show?

A nota simple shows five things: who owns the property, registered mortgages, court attachments, easements and the registered description of the property.

• Ownership: who is registered as owner and, if there is more than one, in what share.
• Mortgages: whether a mortgage is registered and what liability it secures. The outstanding balance of the loan comes from the bank; it is not the same as the registered amount.
• Attachments (embargos): whether the owner's debts have led to a court attachment on the property.
• Easements (servidumbres): rights of way, of view or other rights over the property in favour of third parties.
• Registered description: floor area, boundaries and cadastral reference, worth comparing with what you see on the viewing.

How do you request a nota simple in Spain?

You request a nota simple online on the Registradores website or in person at the Land Registry office where the property is registered. The registrar provides the information to anyone who, in the registrar's judgement, has a legitimate interest in it. It is not open access to personal data.

1. Online, on the Registradores de España website, with the cadastral reference or the registry details of the property.
2. In person, at the Registro de la Propiedad where the home is registered.

Check the current fee on the Registradores website when you apply. In practice your agency or your lawyer usually handles this step as part of the purchase.

Nota simple or registry certificate: which one do you need?

For a purchase, the nota simple is the usual starting point; the registry certificate is the document you need when you must prove the registry content officially, for example before a court. The certificate takes longer to issue and costs more.

The nota simple guides the registry review of a purchase. It does not replace a certificate where the registry content has to be proved, and it says nothing about matters outside the Registry, such as planning or unpaid community fees.

Why should you request the nota simple twice?

Request the nota simple before signing the arras contract and again just before signing the deed at the notary, because a new charge can be registered in between. Weeks or months can pass between the two dates. That is enough time for the owner to take on a new debt that ends in a court attachment, or for a charge to appear that did not exist before.

The notary or your lawyer usually makes this second check in the days before signing, as part of closing the sale. Ask who will do it, so the check does not fall between two people.

Why is the seller's word not enough?

A seller may not know about old charges on their own home, especially an inherited one or a mortgage that was never properly cancelled in the Registry, and may also leave out information that makes the sale less attractive. The registry information lets you test the seller's statements against the record.

The nota simple reflects the entries at the moment of the request. Ask for it before you put money into the arras contract, as part of the process we explain in buying a house in Altea as a foreigner.

What should you check beyond the nota simple?

Beyond the nota simple, check that IBI is paid, that the community of owners is owed nothing, that the home has a valid occupation title, and that extensions and floor areas match the records.

• IBI up to date: ask for the last paid bill. IBI is the annual local property tax, and an unpaid IBI debt can follow the property, beyond the previous owner.
• Community debts: the seller must declare in the deed that they are up to date with the community, or state what they owe, with a matching certificate. The community secretary issues it, with the president's approval, within seven calendar days. Without it the notary cannot authorise the deed unless the buyer expressly waives it, under article 9.1.e of the Ley de Propiedad Horizontal (BOE). The property answers for the debts of the current year and the three previous calendar years.
• Occupation title: in the Valencian Community there is no "cédula de habitabilidad". The home needs a valid occupation title, a licence or a declaración responsable (a sworn statement filed with the town hall). Once 10 years have passed since first occupation, the title must be renewed on the second or later sale of the home, or when a new water, gas or electricity contract is signed, under Ley 3/2004, article 33 (BOE).
• Extensions and outbuildings: closed porches, garden sheds or pools built by the current owner may not appear in the deed or the Catastro. Ask explicitly about anything that does not look original.
• Cadastral reference and real floor area: compare the area in the Registry and the Catastro with what you see. Small differences are common; a large one needs an explanation before you sign.

Which documents should you ask the seller for?

Ask the seller for the latest IBI bills, the community certificate, the energy performance certificate and, for a recent building, the building book with the construction guarantees. The energy certificate is required to advertise and sell a home within its scope, with the legal exceptions. A copy of the registered certificate and its label is attached to the sale contract, under Real Decreto 390/2021 (BOE). Our guide to the energy performance certificate in Spain covers it in detail.

A seller who hands over these documents without fuss is usually a good sign. Reluctance or excuses over a document are reason enough to look harder before going further.

When should you make these checks?

Make these checks before you sign the arras contract. If an unexpected charge appears, you can still negotiate the price, require it to be cancelled before signing, or walk away without penalty, because nothing binds you yet.

An agency with experience in the area includes many of these checks in its own process before taking a home onto its books. That does not replace your own review or your lawyer's: the final responsibility for checking the home is yours as the buyer. This is general guidance, not legal advice: if the nota simple shows a charge or raises a doubt, ask a lawyer how it affects your purchase before going ahead.

For the rest of the process, see our complete buying guide for foreigners and the taxes and costs of buying in the Valencian Community. If you are looking in the old town, see the houses for sale in Altea old town, or contact our team to review the charges on any home that interests you.