# What is a Nota Simple in Spain? A Buyer's Guide
If you're buying property in Spain, the nota simple is the first legal document your solicitor will obtain — and arguably the most important. Before any offer is formalised, any contract is signed, or any money changes hands, your lawyer will pull this document. Understanding what it contains and what your lawyer is looking for will make you a more informed buyer and help you catch problems early.
What is the Nota Simple?
The nota simple informativa is an official extract from the Spanish Land Registry (*Registro de la Propiedad*). It is not the same as the title deed (escritura) — it is a working summary of a property's legal status at a given moment in time.
Think of it as a snapshot: who owns the property, how they own it, what the property consists of, and — critically — what financial or legal burdens are attached to it. Any mortgage, charge, court order, embargo, or easement that has been formally registered will appear here.
The nota simple is a public document. Anyone can order one for any registered property in Spain. It is not confidential, and there is no requirement to have the owner's permission to obtain it.
How to Get a Nota Simple
There are three practical routes:
Via registradores.org — the official online portal of the Spanish Land Registries. Anyone can create an account and order a nota simple for approximately €9. Delivery takes one to three working days by email. You will need the property's address or, ideally, its Land Registry reference (*referencia registral*).
Via your solicitor — your Spanish lawyer will order the nota simple as a matter of course at the outset of any transaction. This is standard practice. They will order a fresh one close to completion as well.
Via the estate agent — many agents have existing access to the registries and can produce one quickly, though for your own protection, always ensure your solicitor obtains their own independent copy.
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What the Nota Simple Contains
The nota simple is structured into four main sections. Here is what each one means.
1. Descripción (Property Description)
This section describes the physical property as it is registered. It will typically include:
- The full registered address
- Property type (apartment, villa, plot, commercial premises)
- Built area (*superficie construida*) and, where applicable, plot area (*superficie de parcela*)
- Number of floors or storeys
- The cadastral reference (*referencia catastral*) — the identifier used by the tax authority
2. Titularidad (Ownership)
This section identifies who is the registered owner of the property and on what basis they hold it. It will show:
- Full name(s) of the registered owner(s)
- Their Spanish ID number or NIE
- How they hold the property — sole ownership, joint ownership with a spouse, tenancy in common, etc.
3. Cargas y Gravámenes (Encumbrances) — The Most Important Section
This is the section your lawyer will spend the most time on. *Cargas* means charges or burdens; *gravámenes* means encumbrances. Anything registered against the property that restricts its free ownership or imposes an obligation on the owner will appear here.
The key items to look for:
Hipoteca (mortgage) — the most common charge. If the seller has an outstanding mortgage, it will be registered here. This is not automatically a problem: the standard process is for the seller to cancel their mortgage from the proceeds of the sale at the notario on completion day. What you must ensure — and what your lawyer will confirm — is that the mortgage is formally cancelled (*cancelada*) before or simultaneously with the transfer of title to you. An uncancelled mortgage passes with the property.
Embargo — a judicial charge placed on the property, usually as a result of a court judgment or tax debt. Unlike a mortgage, which the seller can choose to cancel, an embargo must be lifted by the creditor or resolved through legal process. Embargos are the most serious finding on a nota simple: if not cleared before completion, they attach to you as the new owner. Walk away or insist on resolution before signing anything.
Afección real (community debt charge) — Spanish community of owners law (*Ley de Propiedad Horizontal*) allows up to three years of unpaid community fees to follow the property to a new owner. If the seller has been ignoring community fees, you could inherit that debt. Your lawyer will request a certificate of no community debts (*certificado de deudas con la comunidad*) from the community administrator to confirm the position.
Servidumbre (easement) — a registered right over the property held by a third party. The most common is *servidumbre de paso* — a right of way across the land. This might mean a neighbour has a registered right to cross your garden, or a utility company has an easement for pipework or cables. Easements do not automatically prevent purchase but you need to understand their practical impact.
Usufructo (usufruct) — a registered right for a named person (typically an elderly relative) to use and enjoy the property for their lifetime, even though they do not own it. A property with a usufruct can be sold, but the usufructuary retains their right to occupy it until they die. This is a common structure in Spanish inheritance situations and a serious issue if you intend to use or rent the property.
Condición resolutoria — a clause, sometimes seen in off-plan or vendor-financed transactions, allowing the previous seller to reclaim the property if payment terms are not met. Less common in standard resale transactions but worth noting if it appears.
4. Notas Marginales (Marginal Notes)
Marginal notes are annotations added to the registry record as new legal events occur. They can include:
- Pending legal proceedings relating to the property
- A notation that a new deed is being processed (*presentado*)
- Tax authority notices
- Recent registrations in progress
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How Current is the Nota Simple?
The nota simple only reflects what has been formally registered at the point of issue. There is a short lag between a legal event occurring (for example, a new mortgage being taken out) and it appearing on the registry. In practice this is rarely more than a few days, but it means a nota simple is a snapshot, not a live feed.
For this reason, your lawyer should order a fresh nota simple shortly before completion — not just rely on the one obtained at the outset of the transaction weeks or months earlier.
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Nota Simple vs Escritura: What's the Difference?
These two documents are frequently confused by buyers.
The nota simple is a summary extract from the Land Registry. It tells you the current legal status of the property. It is not proof of ownership in itself.
The escritura de compraventa (title deed) is the full notarised deed of purchase that is signed at the notario on completion day and formally transfers ownership from seller to buyer. This is the document you receive — or your lawyer holds on your behalf — as legal evidence that you own the property. It is then presented to the Land Registry for registration in your name, at which point the registry record is updated.
In short: the nota simple tells you what the position is now. The escritura is the document that changes the position.
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The Land Registry vs the Catastro
A common source of confusion in Spanish property transactions is the difference between the Land Registry (*Registro de la Propiedad*) and the Catastro.
The Land Registry records legal ownership and any registered charges. The nota simple comes from here.
The Catastro is a separate administrative record maintained by the Spanish tax authority. It records properties for planning and tax purposes and assigns the cadastral reference (*referencia catastral*) used to calculate taxes such as IBI (council tax).
The two records are maintained independently and it is extremely common for them to contain different stated sizes for the same property. A discrepancy between the registered built area on the nota simple and the area shown on the catastro is not automatically a problem — it is common — but significant discrepancies should be investigated. They can flag unlicensed extensions, undeclared outbuildings, or planning issues.
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Garages, Storage Rooms, and Communal Elements
One detail buyers sometimes overlook: are the garage and storage room (*trastero*) included in the same Land Registry entry as the main property, or are they registered as separate units with their own entries?
If they are separate registrations, they will each have their own nota simple and their own community fee obligations. This matters for your purchase price allocation, future resale, and mortgage if you are financing the purchase. Your lawyer should clarify the registration structure for any additional elements.
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Frequently Asked Questions
What is a nota simple in Spain? It is an official extract from the Spanish Land Registry showing a property's legal status: its description, registered ownership, and any charges or encumbrances registered against it.
How do I get a nota simple in Spain? You can order one online at registradores.org for approximately €9, with delivery in one to three working days. Your Spanish solicitor will also obtain one on your behalf as standard practice.
What does the nota simple show? It shows the property description (size, type, address), the registered owner(s), and all charges registered against the property — including mortgages, embargos, easements, usufructs, and community debt charges. It also includes marginal notes flagging any recent legal activity.
Is the nota simple the same as a title deed? No. The nota simple is a summary extract for information purposes. The title deed (*escritura de compraventa*) is the full notarised document of purchase that transfers ownership. You receive this at the notario on completion.
What if the nota simple shows a mortgage? An existing mortgage is common and not in itself a reason to pull out. The standard procedure is for the seller to cancel it using sale proceeds on completion day. Your lawyer must confirm the mortgage has been formally cancelled and the cancellation registered before, or simultaneously with, the transfer of ownership to you.
What if there is an embargo on the property? An embargo is more serious than a mortgage and must be resolved before you complete. Your lawyer will advise whether it can be cleared in the transaction timeline or whether it represents too great a risk to proceed.
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The Bottom Line
The nota simple is not bureaucratic box-ticking. It is the document that tells you whether the property you want to buy is actually safe to buy. A clean nota simple — correct ownership, no mortgages, no embargos, no problematic charges — is the foundation of a straightforward transaction. A nota simple with issues does not necessarily mean you cannot proceed, but it means you need your lawyer on top of it before any money moves.
Always instruct an independent Spanish solicitor before signing anything. The nota simple is where their due diligence starts.
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