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 the nota simple actually shows
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.
Why checking it should be mandatory before any preliminary contract
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.
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.
Related glossary terms
Escritura
The Escritura pública de compraventa is the notarial deed of sale in Spain. On signing before the notary, ownership passes; it is then registered in the land registry.
Contrato de arras
The Contrato de arras is the Spanish reservation/preliminary contract. A deposit (arras) is usual; if the buyer withdraws they normally lose it, if the seller withdraws they often repay it twice over.
Buying Property in Spain: the Process
The typical purchase process in Spain: obtain NIE and account, clarify the property and financing, preliminary contract (arras), tasación and loan offer, notarial Escritura, land registry entry and tax payment.
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