Legal Guide · Updated 2026
The nota simple is the single most important document in any Spanish property purchase. It reveals who legally owns the property, what debts or charges are secured against it, and any legal restrictions that could affect your ability to buy, use, or resell it. No offer should be made and no contract should be signed until your lawyer has reviewed a current nota simple.
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A nota simple informativa is an official certificate issued by Spain’s Land Registry (Registro de la Propiedad) that provides a snapshot of a property’s current legal status. It is not the title deed — it is a summary of what is currently registered, available to anyone with a legitimate interest in the property.
The nota simple is public. Any buyer, lawyer, or bank can request one for any property in Spain without the owner’s consent. You need only the property’s cadastral reference number or full address.
For foreign buyers, the nota simple serves three critical purposes:
The nota simple is divided into numbered sections (inscripciones). Each section records a different aspect of the property’s legal history and current status.
| Section | What It Shows | Why It Matters |
|---|---|---|
| Descripción | Property type, location, surface area, boundaries, cadastral reference | Confirms you are looking at the right property — check surface area matches what you were told |
| Titularidad | Current registered owner(s), NIE/DNI numbers, ownership percentage | Must match the seller — if not, the sale cannot proceed |
| Cargas y Gravámenes | Mortgages, liens, easements, rights of way, usage restrictions | Most critical section — any charge must be investigated and resolved before completion |
| Limitaciones | Planning restrictions, protected status, coastal zone designations | Affects what you can build, renovate, or use the property for |
| Anotaciones | Cautionary notes — legal disputes, seizures, inheritance claims | Prevents registration of ownership transfer until resolved |
| Fecha de inscripción | Date of last registration entry | Helps identify if information is current — recent entries need careful scrutiny |
There are three ways to request a nota simple. Online is fastest and most convenient for foreign buyers who may not yet be in Spain.
Visit registradores.org and submit a request using the property’s cadastral reference number or full address. Pay approximately €9 by credit card. The nota simple is delivered by email — typically within 24 hours, often within minutes during business hours. No Spanish ID or presence in Spain required.
Visit the local Registro de la Propiedad corresponding to the property’s municipality. Present identification and the property address or reference. Usually processed immediately or within a few hours. Useful if you need an official stamped copy on the same day.
Your lawyer obtains the nota simple as part of their due diligence service — typically included in their legal fees. This is the recommended route because your lawyer interprets the document immediately and flags any issues before you commit to the purchase.
The nota simple is written in formal Spanish legal language. Professional interpretation is essential for foreign buyers — a subtle entry in the charges section can have major financial implications that are not obvious from a literal translation.
Check that the property address, cadastral reference, and described surface area match the property you are viewing. Discrepancies in surface area are common in older properties and properties that have been extended — and they matter for ITP calculation, mortgage valuation, and future resale.
The Titularidad section must show the seller as the current registered owner. If it shows a different name, or multiple owners, the sale cannot proceed without all registered owners’ consent. Common issues include inheritance not yet registered, divorce proceedings, or company ownership where the individual seller does not have authority to sell.
This is where most problems are found. Key terms to identify:
| Spanish Term | What It Means | Impact on Purchase |
|---|---|---|
| Hipoteca | Mortgage registered against the property | Must be cancelled at or before completion — seller’s responsibility |
| Embargo | Court seizure — property frozen due to debt | Cannot transfer ownership until resolved — serious red flag |
| Anotación preventiva | Cautionary note — legal dispute, inheritance claim | Prevents registration — must be resolved before purchase |
| Servidumbre | Easement — right of way or use by third party | Runs with the property — you inherit it as buyer |
| Condición resolutoria | Resolutory condition — seller can reclaim if conditions not met | Unusual but serious — requires expert legal review |
| Derecho de retracto | Right of first refusal by third party | Third party could override your purchase — lawyer must verify |
These entries in a nota simple should trigger immediate investigation and potentially halt the purchase until they are resolved:
An existing hipoteca must be cancelled at completion. Your lawyer ensures mortgage cancellation happens simultaneously with the sale — funds are used to clear the debt at the notary table.
An embargo means a creditor has frozen the property. It cannot be transferred until the underlying debt is settled. Do not proceed without legal advice on resolution timeline and cost.
Cautionary notes indicate ongoing legal proceedings — inheritance disputes, divorce, or creditor claims. The Land Registry will not register your ownership until these are resolved.
If the person selling is not listed as the legal owner, the sale cannot legally proceed. This may indicate fraud, an unregistered inheritance, or a corporate structure that needs verification.
Registered surface area significantly smaller than the actual property suggests illegal extensions. These structures have no legal status, cannot be mortgaged, and complicate future sales.
Entries referencing Ley de Costas, Biosphere Reserve, or protected natural park designations impose severe restrictions on renovation, extension, and in some cases occupation itself.
Find a vetted English-speaking property lawyer who conducts full due diligence — including nota simple analysis — in Mallorca, Marbella, Barcelona, Málaga and beyond.
Foreign buyers often confuse these three documents. They serve completely different purposes and your lawyer uses all three during due diligence.
| Document | Issued By | What It Shows | When Used |
|---|---|---|---|
| Nota Simple | Registro de la Propiedad | Current owner, charges, legal restrictions | Before offer and before signing |
| Escritura Pública | Notary | Full title deed — complete ownership record | At completion — creates and transfers ownership |
| Certificado Catastral | Catastro (tax authority) | Physical description, tax value, Valor de Referencia | For ITP calculation and planning checks |
The Land Registry and Catastro are separate systems that should match but sometimes do not — particularly for older properties or those that have been extended or renovated. Discrepancies between the two must be investigated and resolved before purchase.
While any buyer can obtain a nota simple independently, having a Spanish property lawyer interpret it is not optional for foreign buyers. The document uses specialised legal terminology with no direct English equivalent, and entries that appear minor can have significant consequences.
Your lawyer will: