The Nota Simple Explained — Spain’s Property Title Check

A nota simple informativa (to give it its full name) is an official extract from the Registro de la Propiedad — Spain's Land Registry. Every registered property in Spain has a unique entry (finca registral) in the local Land Registry, and the nota simple is a summary of that entry.

It matters because the Land Registry is the definitive legal record of property ownership in Spain. What the registry says takes precedence over private contracts, verbal agreements, or even what the seller tells you. If the registry says there is a mortgage on the property, there is a mortgage on the property — regardless of what the seller claims.

The nota simple will confirm:

• Who the legal owner is (and whether there are multiple owners)
• A physical description of the property (location, boundaries, built area, plot size)
• Any charges, liens, or encumbrances registered against the property
• Whether the property is subject to any legal proceedings

It is not, however, a guarantee of title in the way that UK title insurance works. The nota simple is informative — it tells you what the registry currently shows. Your lawyer's job is to interpret it, identify potential issues, and cross-reference it with other sources (the Catastro, town hall records, and the physical property itself).

A standard nota simple is divided into three sections. Here is what each one covers and what to look for:

Section 1: Property Description (Descripción de la Finca)

• Location: Full address and the finca registral number (the property's unique registry identifier)
• Type of property: Apartment (vivienda), villa (chalet), plot of land (parcela), etc.
• Built area: Total constructed area in square metres — compare this carefully with what the agent has listed and what you see on the ground
• Plot size: For houses and villas, the total land area
• Boundaries: Description of what borders the property (streets, other properties, communal areas)
• Community participation quota: If the property is in a community, the percentage share (cuota de participación) that determines your community fee contribution

Section 2: Ownership (Titularidad)

• Current owner(s): Full name, identification number, and the date and method of acquisition (purchase, inheritance, donation, etc.)
• Ownership type: Sole ownership, joint ownership (pro indiviso), or community property (gananciales — relevant for married couples under Spanish law)

Section 3: Charges and Encumbrances (Cargas y Gravámenes)

• Mortgages: Details of any mortgage registered against the property, including the lending bank, original amount, and whether it has been cancelled
• Embargoes: Court orders or tax debts secured against the property
• Easements or rights of way (servidumbres): Third-party rights over the land, such as access routes or utility lines
• Legal proceedings: Any pending lawsuits or claims affecting the property

If Section 3 says "Libre de cargas" (free of charges), that is what you want to see. Anything else requires investigation by your lawyer.

There are several ways to get a nota simple, and your lawyer will typically handle this as part of their standard due diligence. However, there is nothing stopping you from obtaining one yourself if you want to do preliminary research before instructing a lawyer.

Option 1: Online via the Registro de la Propiedad website

Visit registradores.org and use the Nota Simple Online service. You will need the property's registry reference (finca registral number) or its full address. The fee is approximately €9.02 and the document is usually delivered by email within 24–48 hours. The website is available in Spanish only, but the process is straightforward.

Option 2: In person at the local Registro de la Propiedad

Visit the Land Registry office that covers the property's location (each municipality or group of municipalities has its own registry). Bring the property address or finca number, pay the fee (approximately €3.50–€9), and receive the nota simple on the spot or within a few days.

Option 3: Through your lawyer

This is the recommended approach. Your lawyer will obtain the nota simple, interpret it in the context of your purchase, and cross-reference it with other records. Most lawyers include this in their standard conveyancing fee.

Important: A nota simple is a snapshot in time. It shows the state of the registry on the date it was issued. If you obtained a nota simple two months ago, things may have changed — a new charge could have been registered. Your lawyer should request a fresh nota simple within days of signing the escritura to ensure nothing has changed since the original check.

A competent lawyer does not simply glance at the nota simple and file it. They should conduct a detailed analysis and cross-reference it with other sources. Here is what a thorough review looks like:

• Ownership verification: Does the person selling the property match the registered owner? If not, there may be an inheritance or divorce issue that needs resolving before the sale can proceed.
• Area discrepancies: Does the registered built area match the Catastro records and the estate agent's listing? Significant differences may indicate unlicensed construction. A property listed as 150m² by the agent but registered as 110m² in the nota simple has a 40m² discrepancy that demands investigation.
• Outstanding mortgage: Even if the seller says the mortgage is paid off, the nota simple may still show it as registered. The seller must provide a cancelación registral (formal cancellation) or arrange to settle the mortgage at completion. Your lawyer must verify this before the escritura.
• Embargoes and seizures: Tax debts, unpaid community fees, and court judgements can be registered as embargoes against the property. These must be cleared before completion.
• Easements: A right of way across the property, a shared driveway, or utility access rights can affect how you use the property. Your lawyer should explain any easements and their practical implications.
• Community quota: The participation quota determines your share of community fees and voting rights. Your lawyer should confirm it matches the community's records.
• Date of the nota simple: If the nota simple is more than a few weeks old, your lawyer should request a fresh one. Things can change — and a last-minute charge registered by a creditor of the seller could leave you with an encumbered property.

The following findings in a nota simple should prompt immediate investigation — and potentially cause you to reconsider the purchase:

• The seller is not the registered owner. This could indicate an incomplete inheritance, a property being sold by someone who does not legally own it, or a registration delay. Do not proceed until ownership is clarified and the registry is up to date.
• Multiple charges or embargoes. A single mortgage is normal. Multiple embargoes from different creditors suggest the seller is in financial difficulty, and completing the sale could be complicated or risky.
• Discrepancy in property description. If the nota simple describes a 2-bedroom apartment but the agent is selling a 3-bedroom apartment, something has been altered without proper registration. This may point to illegal construction.
• "Afecto a" annotations. These indicate that the property is subject to a specific obligation — for example, affordable housing restrictions (vivienda de protección oficial) that limit the resale price or require government approval for the sale.
• Pending legal proceedings (anotación preventiva de demanda). This means someone has filed a lawsuit affecting the property. Under no circumstances should you complete until the proceedings are resolved.
• No finca registral number or unregistered property. Some older rural properties, particularly in Andalucía, were never formally registered. Buying an unregistered property is extremely risky and should only be considered with specialist legal advice.

If your lawyer identifies any of these issues, they should advise you on the options: wait for the issue to be resolved, renegotiate the price, or walk away. A red flag does not automatically mean you cannot buy the property — but it does mean you need to proceed with extreme caution and full knowledge of the risk.

UK buyers often confuse the nota simple (from the Land Registry) with the certificación catastral (from the Catastro). They are two separate systems, maintained by different authorities, and they serve different purposes:

Feature	Nota Simple (Registro de la Propiedad)	Catastro (Dirección General del Catastro)
Authority	Ministry of Justice (Land Registry)	Ministry of Finance (Tax Office)
Primary purpose	Legal ownership and charges	Tax assessment and property valuation
What it records	Ownership, mortgages, encumbrances, legal description	Physical location, boundaries, built area, catastral value (for tax purposes)
Legal weight	Definitive for ownership and charges	Informative — does not prove ownership
Includes map	No (text description only)	Yes — georeferenced plan showing boundaries
Cost	~€9 online	Free online at sedecatastro.gob.es

Ideally, the information in both systems should match. In practice, discrepancies are common — especially with older properties where extensions or modifications were made without updating both records. Your lawyer should compare the two and investigate any differences. The catastral reference (referencia catastral) should appear in the escritura and match the Catastro records.

Here are our practical recommendations for dealing with the nota simple as part of your purchase:

• Request a nota simple before making any binding commitment. Your lawyer should obtain one before you sign the contrato de arras and pay a deposit. If the agent pushes you to sign without a nota simple review, refuse.
• Ask your lawyer to explain every section. Do not accept a vague "everything looks fine." Ask them to walk you through the ownership, the property description, and any charges — in plain English.
• Compare the nota simple with the estate agent's listing. Does the built area match? Does the plot size match? Is the number of bedrooms consistent? Any discrepancy needs explanation.
• Request a fresh nota simple close to completion. The definitive check should be done within a few days of signing the escritura at the notary. This ensures no new charges have been registered since the original check.
• Keep a copy for your records. The nota simple is a useful reference document for future tax filings, insurance applications, and eventual resale.
• You can check the nota simple yourself. Visit registradores.org, enter the property details, and pay the €9 fee. The document arrives by email within 48 hours. It is in Spanish, but even a basic translation will give you useful preliminary information before you engage a lawyer.

The nota simple is a small document, but it is the backbone of your legal due diligence. Treat it with the seriousness it deserves, and insist that your lawyer does the same.