Nota simple in Spain: checking a property before buying
The ‘nota simple’ is an extract from the Land Registry (Registro de la Propiedad) which reveals, for a property in Spain, the legal owner, a description of the property and any registered encumbrances
(mortgages, seizures, easements). It can be ordered online via the Colegio de Registradores website for €9.02 excluding VAT (€10.91 including VAT)
, arrives within 24 to 48 hours, and forms the basis for any due diligence: no buyer should pay a deposit without having it reviewed by an independent solicitor
.
Updated in September 2026 — data verified on that date.
Nota simple in Spain: how to check a property’s legal status before buying
In France or Belgium, the notary checks the property’s mortgage status before letting you sign. In Spain, this check is your responsibility, and the tool used for this is called the ‘nota simple’: for a few euros, it tells you whether the flat in Marbella you’re interested in actually belongs to the seller, whether it is subject to a mortgage or a repossession order, and whether its description matches what you saw during your viewing.
Contents, how to obtain it, what to look for, and warning signs: this page explores the legal due diligence stage in our guide to the property purchase process in Spain.
What is the ‘nota simple’ and why is it essential?
The ‘nota simple informativa’ is an extract from the entries in the Registro de la Propiedad relating to a finca. Its value is ‘purely informative’ according to Article 222 of the Ley Hipotecaria: it does not have the same legal force as a certificación, but it reflects the register as at the date of issue, and it is this content that protects the buyer acting in good faith (Article 34).
Its importance stems from the Spanish system: the notary authenticates the deed without advising the buyer, and there is no cooling-off period after the deposit has been paid. In 2025, foreigners accounted for 13.82 per cent of the 705,357 property sales in Spain and 32.8 per cent of those in the province of Málaga (Colegio de Registradores, April 2026): all of whom were protected solely by the ‘nota simple’ and their solicitor.
What does a ‘nota simple’ contain? The 3 key sections
| Section | What it contains | What to compare |
|---|---|---|
| Description of the property | Property number, CRU (unique registration code), cadastral reference, floor area, co-ownership share (cuota), outbuildings (garage, storage room) | The advert, the viewing and the Land Registry record: area and outbuildings must match |
| Ownership | Owners, each owner’s share, property regime (separate or joint), title of acquisition | The seller’s identity; all owners must sign |
| Encumbrances | Mortgages, seizures, tax encumbrances, conditions resolutories, easements, usufructs, registered leases, social housing restrictions | Each encumbrance must be discharged or provisioned for prior to the deed |
A fourth section, often overlooked, lists pending registration entries – deeds that have been filed but not yet registered: if there is one, wait for it to be registered before committing yourself.
How to request a ‘nota simple’, online and in person
The simplest way is via the official portal sede.registradores.org, which can be accessed without an NIE or digital certificate, using a bank card: “You can request a nota simple from the Land Registry via this platform at the official cost of €9.02 plus VAT,” states the Colegio de Registradores, amounting to €10.91 including VAT, within 24 to 48 hours at the latest. Enter the address, the cadastral reference or, preferably, the finca number and the registry (Marbella has four, Estepona two), and state ‘adquisición del inmueble’ as the legitimate interest.
At the counter, a ‘nota simple’ costs around €3.64 (approximate) but requires a visit and takes two to five days. The same office offers an online ‘nota simple’ for €12.03 plus VAT, which can be viewed in real time for ten days and is useful between the deposit and the final deed.
Reading and interpreting a ‘nota simple’: what to check
A Belgian couple makes an offer on a flat in Estepona advertised as 95 m². The ‘nota simple’ states 78 m², a mortgage of €180,000 and a tax lien due in 2023. The solicitor’s analysis: the 17 m² discrepancy relates to an enclosed terrace without planning permission, to be negotiated; the mortgage will be discharged upon signing the deed of sale with the purchase price; the ‘afección fiscal’ (five years) suggests that the transfer tax (ITP) may have been under-declared by the seller. Result: offer maintained with a €6,000 discount and a clause for the discharge of the mortgage.
Four checks cover the essentials: all titleholders sign; the floor area and description match the property viewed and the Catastro records; the charges can be discharged before the deed is signed; the date of issue is within the last few days. These checks form the basis of property due diligence in Spain, which also covers service charges, the first occupancy licence and town planning status.
Warning signs: charges, mortgages, repossessions, easements
An embargo (seizure by the tax authorities, Social Security or a creditor) requires you to know the amount involved and to settle it at the time of signing the deed, otherwise you will inherit the debt along with the property. A ‘condición resolutoria’ indicates an outstanding payment from a previous sale. A VPO restriction caps the resale price and requires authorisation from the Junta de Andalucía. A ‘nota marginal’ relating to an urban planning disciplinary case indicates unauthorised construction.
An outstanding mortgage is not a cause for concern: most sellers have one. It must be cancelled (cancelada) on the day of the escritura, with a certificate of debt and direct payment of the balance by the notary, which your solicitor will include in the contrato de arras.
Nota simple vs escritura: do not confuse the two
- ✅ Shows any encumbrances and the current owner
- ✅ Accessible to any third party with a legitimate interest
- ❌ For information purposes only; not signed by the registrar
- ✅ Seller’s title deed
- ❌ Photograph taken on the day of purchase, not today
- ❌ Does not mention any charges incurred subsequently
- ❌ May never have been registered in the land registry
The seller’s title deed provides no evidence of the property’s current status: only registration in the land registry makes the ownership enforceable against third parties, as explained on our page on land registry registration in Spain. The registration certificate (€20 to €30), signed by the registrar, is legally binding; it is rarely required for a standard purchase.
Nota simple for land or a finca: specific points
For a finca rústica or plot of land, read the nota simple alongside the cadastral map: the registered and cadastral areas often differ in Andalusia, and the graphical alignment provided for by Law 13/2015 is shown on the nota where it has been carried out. Check that every structure (house, swimming pool, outbuilding) has been declared as ‘obra nueva’ (new build) and registered: a building not listed in the register is often unlicensed, can only be regularised via the AFO (asimilado a fuera de ordenación) procedure, and can never be extended.
Who can request a ‘nota simple’, at what cost and how long does it take?
Anyone demonstrating a legitimate interest may obtain a ‘nota simple’, including a non-resident without a NIE: Article 221 of the Ley Hipotecaria opens the register to ‘anyone with a known interest’, and the intention to purchase constitutes such an interest; you do not need the seller’s consent. Costs for 2026: €9.02 plus VAT online, approximately €3.64 at the counter, €12.03 plus VAT for the online extract, €20 to €30 for a certified copy; processing times range from a few hours to 48 hours online, and two to five days at the counter.
The solicitor’s role in analysing the ‘nota simple’
The independent solicitor requests the ‘nota simple’ on three occasions: before the offer, before the deposit is paid, and on the day before the deed is signed, with the notary himself ordering a register extract that is kept up to date until the signing. Between these dates, they cross-check it against the Catastro, the community’s certificate of encumbrances and the local council records, then draft the clauses for the removal of encumbrances. NOMA, acting on behalf of the buyer, coordinates these checks with the solicitor and incorporates them into the Property Check 360°, which adds the property’s technical condition to its legal status.
Nota simple and buying property in Spain: your questions
Is the ‘nota simple’ compulsory when buying property in Spain?
No law requires the buyer to obtain one, but the notary will request one before the deed is drawn up, and no solicitor will draw up a ‘contrato de arras’ without it. It is the only document that reveals the legal owner and any registered encumbrances; proceeding without it is tantamount to paying 10 per cent of the price without knowing to whom or for what.
How do you obtain a ‘nota simple’ online?
On sede.registradores.org, the portal of the Colegio de Registradores: enter the address, the cadastral reference or the finca number, specify the legitimate interest (‘adquisición’) and pay €9.02 plus VAT by card. The document arrives by email within a few hours, or within 24 to 48 hours at the latest.
What should you do if the ‘nota simple’ reveals a mortgage?
There’s no need to worry: most properties for sale are mortgaged. Your solicitor will request a debt certificate from the bank, have the balance paid by the notary on the day of the deed, and register the cancellation in the Land Registry, at the seller’s expense. What should give you cause for concern is a seizure order or a resolutory condition where the amount is unknown.
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