Nota Simple in Spain: what to check before buying a property

Buying property in Spain requires checking not only the physical condition of the property but also its legal status. One of the key documents for this review is the Nota Simple Informativa del Registro de la Propiedad.

The Nota Simple shows how the property is recorded at the Land Registry, who appears as the registered owner and which rights, charges or restrictions are registered against it.

What is a Nota Simple?

A Nota Simple is an informative extract issued by the Spanish Land Registry (Registro de la Propiedad). It identifies the registered property and summarises the ownership and legal situation appearing in the Registry.

It may include, among other information:

• the identification and registry details of the property;
• the Código Registral Único (CRU), where available;
• the registered owner or owners;
• the nature and extent of registered rights;
• registered charges, limitations or restrictions;
• prohibitions or limitations affecting disposal of the property.

It is important to remember that the Nota Simple is informative in nature. If formal evidence of the Land Registry content is required, a certificación registral may be necessary.

1. Check who is registered as owner

The first step is to compare the person or company selling the property with the registered owner shown in the Nota Simple.

Check in particular:

• who appears as the registered owner;
• whether that person owns 100% of the property or only a share;
• whether there is more than one registered owner;
• whether other registered rights limit the owner’s powers.

Before taking on significant financial commitments, make sure the seller has the right that is intended to be transferred to you.

2. Compare the registered description with the property you are buying

The Nota Simple contains the description of the registered finca. Compare it with the property you have visited and with the information contained in the proposed contract.

Review, where relevant:

• address and location;
• registered surface area;
• use or type of property;
• details identifying the flat, house or plot;
• garage and storage room, especially if they are separate registered properties;
• other registry references.

Why should discrepancies be checked?

A difference between the physical property, the Land Registry and cadastral information does not always make the purchase impossible, but it should be clarified before signing binding documents or paying significant sums.

Where appropriate, the registry information can also be compared with data from the Sede Electrónica del Catastro.

3. Check mortgages and other registered charges

One of the most important sections of a Nota Simple is the section dealing with cargas.

The Registry may show, for example:

• a mortgage;
• embargoes or attachments;
• resolutory conditions;
• prohibitions on disposal;
• easements;
• tax-related registry entries;
• other registered rights or limitations.

Each entry should be assessed according to its wording and the circumstances of the transaction. Some charges may be capable of cancellation, while others can materially affect the purchase.

If a mortgage appears

The mortgage entry should be analysed before completion. The parties must determine how repayment and, where necessary, registry cancellation will be secured. It is not advisable to assume that the issue can simply be dealt with after the purchase.

4. Pay particular attention to embargoes

An anotación preventiva de embargo indicates that the property is affected by enforcement proceedings aimed at recovering a debt.

Depending on the circumstances, the entry may need to be cancelled or the underlying judicial or administrative proceedings may need to be examined before the transaction can safely proceed.

This is a situation in which it is especially important not to sign binding documents or transfer substantial amounts before understanding the legal consequences.

5. Check easements and restrictions on use

A Nota Simple may contain servidumbres: rights or limitations that the owner must respect.

They may relate, for example, to:

• rights of way;
• access to certain areas;
• pipes, cables or other utilities;
• parking areas;
• rights established in favour of another property or person.

The content and scope of an easement should be understood before purchasing the property.

6. Look for prohibitions and special conditions

The document may also contain entries such as prohibiciones de disponer, condiciones resolutorias, pre-emption rights, restrictions linked to protected housing or special provisions relating to horizontal property regimes.

These entries should not be assessed only by their name. Their origin, current validity and effect on the proposed purchase must be considered.

The Nota Simple is important, but it is not the only check

Reviewing the Nota Simple does not replace the other legal and practical checks that may be necessary in a property purchase.

Depending on the property, it may also be appropriate to review:

• cadastral information;
• planning and urban status;
• community of owners documentation and outstanding community fees;
• the arras agreement or reservation contract;
• tax implications;
• the seller’s documentation and authority to sell.

For a property forming part of a community of owners, the documentation relating to community debts deserves particular attention before completion.

When should you obtain the Nota Simple?

As a practical rule, registry information should be checked before making the final decision and before signing documents that create significant financial commitments.

Immediately before the notarial sale, updated registry information is also obtained in connection with completion.

A Nota Simple may be only a few pages long, but a single entry concerning a mortgage, embargo, easement or restriction can materially change the conditions of the transaction.

If you have doubts about the content of a Nota Simple or the legal status of a property in Spain, you can request an individual review before proceeding with the purchase.