Nota Simple
The nota simple is Spain's official land registry extract from the Registro de la Propiedad — it lists the owner, mortgages and any other charges on a property, and is the single most important check before signing any preliminary contract.
What is Nota Simple?
The nota simple is Spain's official land registry extract from the Registro de la Propiedad — it lists the owner, mortgages and any other charges on a property, and is the single most important check before signing any preliminary contract. Besides the currently registered owner, the nota simple lists existing charges such as mortgages, liens or registered rights of way — exactly the information that determines whether a property can genuinely be transferred free of encumbrances, or whether the seller's outstanding obligations need clearing up first. An unpleasant surprise — an undisclosed mortgage held by the seller, say, or a registered right of way for a third party — can only be avoided by carefully checking the nota simple before signing a preliminary contract (see Contrato de arras), not afterwards. Recovering a deposit already paid is far more work than spotting an encumbered property beforehand and simply walking away.
What matters about these two points
The answer box above states the case. The two points it is built from carry their own heading here — together with what each of them means in practice.
What the nota simple actually shows
The nota simple can be obtained from the Registro de la Propiedad for a small fee, including from abroad. That makes it the cheapest check in the entire purchase — and the only one that takes effect before the deposit.
Why checking it should be mandatory before any preliminary contract
One plain rule will do: no signature and no money before the extract has been read. And read means read for charges, for the registered owner, and for whether the area described matches the property you viewed.
How up to date the nota simple needs to be
Because the registry position can change at any time — a new charge registered shortly before the actual purchase, for instance — it's worth requesting a fresh, current nota simple shortly before the notarial signing. A nota simple that's several months old is no guarantee of the actual status on the day of the Escritura.
Nota simple or certificación — which one carries legal weight
The Registro de la Propiedad issues two different documents, and they are not interchangeable. The nota simple is informative: it reproduces the registry position quickly and cheaply, which is why it is the standard tool for checking a property before a preliminary contract. The certificación registral is the formal, certified version, signed by the registrar, and it is the one that carries legal weight where a document has to be relied on in court or in certain formal proceedings. For an ordinary purchase check the nota simple is the right instrument and entirely sufficient. Knowing that the certificación exists matters mainly in disputed cases — for instance where a charge is contested, or where a lender or lawyer explicitly asks for the certified version rather than the informative extract.
Cargas and afecciones are not the same thing
The nota simple carries two kinds of entry that are routinely confused. Cargas are third-party rights over the property — mortgages, usufruct, rights of way, seizures. Afecciones are tax follow-on liabilities: notes recording that the property stands behind taxes from an earlier transaction that have not been finally assessed, typically ITP or inheritance tax. A mortgage is cleared on sale; an afección runs on until the tax authority's own time limit expires. The second point: afecciones tend to sit at the end of the extract and get skipped on a quick read. Anyone buying a property that came out of an estate should look for them deliberately.
Related glossary terms
Escritura →
The Escritura pública de compraventa is the notarial deed of sale in Spain.…
Clarity about the escritura removes the worry of having to travel in person…
Contrato de arras →
The Contrato de arras is the Spanish reservation/preliminary contract. A…
A well-drafted arras contract protects the deposit if, against expectations…
Buying Property in Spain: the Process →
The typical purchase process in Spain: obtain NIE and account, clarify the…
A clear roadmap makes a purchase abroad plannable rather than confusing.
Mortgage calculator
Calculate your monthly instalment
Monthly instalment, total cost and equity requirement for your exact figures.