Nota simple: Land Registry extract
A nota simple is an information extract from the Spanish Land Registry (Registro de la Propiedad) showing who owns a property, how it is described and which charges are registered against it.
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What a nota simple is and what it shows
The Land Registry is open to anyone with an interest in knowing the status of a property (Mortgage Act, art. 221), and the registrar provides that information either as a nota simple or as a certification (art. 222.2). The nota simple reproduces in summary the current entries for the property: its identification, the holders and the extent, nature and limits of their rights, plus any prohibitions or restrictions affecting them (art. 222.5). In practice you will see the description, the owner, mortgages, seizures, easements, and marginal notes and annotations (notas marginales, anotaciones) such as an AFO decision in Andalusia or a VPO restriction. It also gives the cadastral reference and whether the property is matched with the Cadastre (art. 10.4); if it is not, the Registry and Cadastre floor areas may differ.
A nota simple is purely informative and does not certify the content of the entries (art. 222.5). Against third parties, charges or their absence can only be proven with a Registry certification (art. 225). And the notary must check ownership and charges in the Registry just before authorising the deed (Notarial Regulation, art. 175).
What it does not show: unpaid IBI or community of owners fees, even though the property answers for them; who lives in the home; or whether everything built has a licence. Those checks are in the risks guide.
How to request a nota simple step by step
- Gather the property details: full address, cadastral reference or registry property number. The seller or the IBI bill has them.
- Request it on the official website of the College of Registrars (registradores.org) or at any Registry office: you can choose any registrar, even if the property lies in another district (Mortgage Act, art. 222.8). The registrar's fee (arancel) is charged.
- State the reason. You need a legitimate interest, such as buying that home; for banks, lawyers and estate agents it is presumed (Mortgage Regulation, art. 332.3).
- Compare the owner with the seller's ID, and the description, floor area and annexes (parking space, storage room) with what you are buying.
- Get a fresh one just before you pay the deposit, and another if signing is delayed.
- If there is a mortgage or a seizure, the escritura must provide for its cancellation out of the price on the same day. The other steps are in the buying guide.
Common mistakes with the nota simple
- Relying on the agency's copy, undated or months old.
- Ordering it from websites that imitate the official one and charge more for the same document.
- Reading only the owner's name and skipping charges and notes.
- Not checking that the floor area, the floor and the annexes match the home.
- Assuming a clean nota means there are no IBI or community debts.
- Treating it as a certification: it certifies nothing and does not replace the notary's check.
Nota simple for new build and resale
When you buy a new build off-plan, your home may not yet exist as a separate registry property. Until the developer registers the declaration of new building (obra nueva) and the division into units (división horizontal), the only nota simple available is that of the plot or parent property (Mortgage Act, art. 8), and it usually shows the mortgage securing the developer's loan. Ask how that mortgage will be split and whether it will be cancelled or transferred to your home. Before paying anything on account, check that there is a building licence and that your payments are guaranteed by a bank guarantee or insurance and held in a special account (Ley 38/1999, first additional provision). To register the finished building, the notary and the registrar require the certificate of completion and the occupancy authorisation or declaración responsable (RDLeg 7/2015, art. 28).
On a resale home the nota simple covers the home itself, and the usual review of owner, charges and description is enough. The developments we track are in the new-build catalogue.
Sources and legal basis
- Decreto de 8 de febrero de 1946, Ley Hipotecaria, art. 8, 10.4, 221, 222.2, 222.5, 222.8, 225 · checked on
- Decreto de 14 de febrero de 1947, Reglamento Hipotecario, art. 332.3, 332.5 · checked on
- Decreto de 2 de junio de 1944, Reglamento Notarial, art. 175.1, 175.3 · checked on
- Ley 38/1999 de Ordenación de la Edificación, disposición adicional primera · checked on
- RDLeg 7/2015 TRLSRU, art. 28.1, 28.2 · checked on