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. It can be obtained for a small fee, including from abroad.
What is a nota simple and why do I need it before signing?
The nota simple is Spain's official land registry extract. It lists the registered owner and existing charges such as mortgages, liens or rights of way, which shows whether the property can be transferred free of encumbrances. Check it before signing a preliminary contract, because recovering a deposit already paid is far more work than walking away beforehand.
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.
Escritura →
The Escritura pública de compraventa is the notarial deed of sale in Spain. The notary reads out the key terms, verifies both parties' identity and confirms the agreed conditions.
Clarity about the escritura removes the worry of having to travel in person to the notary, since a representative can sign with a notarised power of attorney.
Contrato de arras →
The Contrato de arras is the Spanish reservation/preliminary contract. A deposit (arras) is paid on signing and generally forfeited if the buyer withdraws without a recognised reason.
A well-drafted arras contract protects the deposit if, against expectations, the financing is not approved.
Buying Property in Spain: the Process →
The typical purchase process in Spain: obtain NIE and account, clarify the equity and price range, choose a property, sign the arras contract, obtain loan approval and complete at the notary.
A clear roadmap makes a purchase abroad plannable rather than confusing.
Frequently asked questions
How do I get a nota simple?
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.
What is the difference between the nota simple and a certificate?
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.
What are cargas?
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.
Related pages
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Content by Siegfried Perini — local brand representative since 2019, active in real estate since 1992, entered in the German intermediary register (§ 11a GewO) as a person directly involved in brokerage and advice. Point of contact for German-speaking buyers in Spain and Portugal. Brokerage by Olga Nikushkina, mortgage credit intermediary under § 34i German Trade Regulation (GewO); in Portugal through a locally licensed intermediary.