Nota simple in Spain: checking a property before you buy

You’ve found the flat you like. The agent sends a few photos, the owner texts “clear title”, and the ad says “finca registral available on request.” You’re ready to move fast, but you should stop right there and ask for the nota simple.

What a nota simple actually is (and what it isn’t)

Short version: a nota simple is an informal extract issued by the Registro de la Propiedad. It lists the registered owner, the description of the property (parcel, floors, surface), and any registered cargas: mortgages, annotations, usufructs, embargoes and similar entries.

Important practical point: a nota simple is informative and usually acceptable for due diligence, but it’s not the formal certified evidence that the Registro will rely on at the notary or bank. If you need the Registry’s official word for a bank mortgage, for a notary or in a dispute, order a certificación registral (a certified extract). That costs more and takes longer, but it’s the document that carries legal weight.

How to get a nota simple — the step-by-step

There are three realistic routes. Do not rely on a nota simple the agent emails you without checking it yourself.

1. Ask the seller or agent to provide a recent nota simple, dated in the last 30–60 days. If they can’t or won’t, that’s a red flag.
2. Order one yourself online from the Property Register service (look for the Registro de la Propiedad / registradores). You’ll need at least one of these: the finca registral number, the referencia catastral (the catastro ID), the full address and ideally the owner’s name. The online service is the quickest option.
3. Go to the local Registro de la Propiedad office in person and request it. Useful if you want to be absolutely sure the query was handled locally or to ask follow-up questions.

How long does it take? If you order online you can often get a nota simple the same day or within 48 hours. A certificación registral can take a few days to a few weeks depending on the office and whether it needs to be posted. Expect to pay a small fee for the nota simple and a higher fee for certified documents. Plan on a modest range and check the Registry website for current tariffs.

What to read on the nota simple — the checklist of red flags

Don’t skim. Read these fields and know what each means:

• Owner(s): must match the person who says they own the flat. If the owner is a company, an estate (fallecido), or a trustee, you need to know why.
• Cargas (mortgage, embargo, anotaciones): these are the registered burdens. An active mortgage will show the lender and the amount or the deed number. An embargo (intervención by courts/authorities) is a serious red flag.
• Anotaciones preventivas: these are temporary entries that can block certain transactions — for example, a judicial claim or a seizure.
• Description: surface area, cadastral reference and, where applicable, the exact distribution of the dwelling (useful if the ad’s square metres don’t match).
• Last inscription date: tells you how recent the Registry’s information is. If the nota simple is more than a few months old, get a fresh one.
• Usufruct or life interest: if someone has a lifetime right to live there (common with parents retaining usufruct), you’re buying subject to that right unless it’s cancelled.

Concrete red flags that should stop you from paying a deposit:

• The nota simple shows an active embargo or ongoing judicial process.
• The nota simple lists a mortgage with no recent wording about cancellation, and the seller can’t provide a bank statement or certificate showing the debt was repaid.
• The registered owner is someone other than the person offering to sell — or the owner is deceased and the inheritance hasn’t been handled.

Checklist of documents to request before you sign anything

• Nota simple (recent, dated within the last 30–60 days).
• Escritura de compraventa (title deed) or the escritura original.
• Certificación registral (if the nota simple shows anything contentious).
• IBI receipt (local property tax) for the last year — shows who pays the tax.
• Referencia catastral / catastro extract (compare against the nota simple). You can check this at the Spanish tax agency’s Catastro service.
• Community of owners certificate (certificado de deuda) showing any outstanding community fees.
• Energy performance certificate and, if relevant, licence of first occupation / cédula de habitabilidad.
• Seller’s ID or company CIF, and evidence they can sign (powers of attorney if someone else handles sale).

If you get those and the nota simple looks clean, you’ve removed a big portion of the legal risk. You haven’t removed all of it. More on that below.

One part nobody warns you about until you’re already in it

People assume the nota simple tells you everything. It doesn’t. Two surprises keep popping up on transactions:

First: the nota simple does not include community debts. A property can have no registered cargas, but the comunidad de propietarios can be chasing unpaid fees. The seller should provide a comunidad certificate stating there are no debts; insist on it. If the seller has unpaid community charges, you could find yourself negotiating with a community that expects repayment.

Second: informal alterations and planning irregularities. The nota simple records what’s registered at the Property Registry. If the seller added a terrace, knocked down a wall or built an extension without a license and never registered it, the Registry won’t show it. That can cause problems with future sales, insurance or even fining by the town hall. Always compare the nota simple with the catastro entry and ask the town hall for planning receipts or licences if the property has been modified.

These are the two reasons I always advise: (a) ask for the comunidad certificate and (b) run a catastro check at the tax agency. If anything looks off, order a certificación registral and a town-hall check before you sign the private purchase contract.

Short comparative table: nota simple, certificación registral and escritura

Document	What it shows	When to get it	Speed / cost
Nota simple	Informative extract: owners, cargas, description	Always, at start of checks	Fast (hours–days), small fee
Certificación registral	Certified extract, legal proof of current registration	If nota simple shows issues or for notary/bank	Slower (days–weeks), higher fee
Escritura (notarial deed)	Notary copy of the deed of purchase/sale	Ask seller to show it; needed for final transfer	Document already exists — you request copy if seller can’t provide

What to do if the nota simple shows a problem

Common problems and the sensible next move:

• Active mortgage: ask seller for the bank’s cancellation agreement or a recent bank letter with the outstanding balance and a promise to cancel on completion. If they can’t produce that, insist the seller sorts the cancellation before you pay a significant deposit.
• Embargo or judicial anotación: get a certificación registral and the seller’s lawyer to explain the case. This is rarely something a buyer can solve on the spot; it usually stops the sale until cleared.
• Owner differs from seller: demand proof of the right to sell: a power of attorney, corporate minutes or evidence that the estate has been settled. If the seller can’t produce the necessary legal documents proving they can sell, walk away.
• Planning mismatch with catastro: ask for town-hall receipts, licences or a regularisation certificate. If none exist, budget for potential fines or legalisation costs.

Don’t be tempted to rush. A small delay to get the right certified documents beats a huge problem later. If negotiations drag because of a charge, consider asking for a lower price or that the seller clears the issue before completion.

What this step actually unlocks

If the nota simple is clean and you’ve verified the escritura, the catastro and the comunidad certificate, you can safely move to the next steps: a private reservation/arras contract, arranging a mortgage offer (if required), and booking a notary date. The nota simple, together with those other documents, gives your lawyer or gestor enough to prepare the purchase contract and the tax calculations.

What remains: the notarised escritura signed at the notary, payment of transfer taxes or VAT and notary fees, registration of your ownership in the Registro de la Propiedad (the last formal step) and practical matters like utilities and property insurance.

Useful internal links

• Community fees: what the nota simple doesn’t show
• New-build vs resale: why the nota simple matters more on resales
• How scams use fake or old nota simples — what to watch for

Official catastro checks (useful for matching the referencia catastral) are available via the Spanish tax agency; search their site for the Catastro service to compare registry and cadastral records.

agenciatributaria.es (Catastro)

FAQ

Can I get a nota simple without the seller’s permission?

Yes. The Registro de la Propiedad is public; anyone can request a nota simple as long as you provide enough information to identify the property (finca number, referencia catastral, address or owner’s name). That said, a nota simple provided by the seller is convenient, but verify it yourself or order one independently to avoid surprises.

How recent should the nota simple be?

Ask for one dated within the last 30–60 days. If the nota simple is older, new entries may have been made since it was issued. If anything is important (a mortgage noted as cancelled, a recent charge), get a certificación registral to be certain.

If the nota simple shows a mortgage, will the bank block the sale?

Not automatically, but the mortgage has to be cancelled or accounted for at completion. The usual options are: the seller repays and provides a written cancellation from the bank; the buyer assumes the mortgage (rare for foreign buyers); or the mortgage is paid out from sale proceeds at completion with the bank formalising the cancellation. Never complete a purchase without a bank-issued certificate or a registral certification showing the charge has been cancelled or will be cancelled on completion.