Is a nota simple enough to buy a home safely?

You have found a home and are handed a nota simple (an informative extract from the Spanish Land Registry) showing the seller as owner, with no mortgage that you can see. Can you conclude that all the paperwork is in order?

The nota simple is a fundamental starting point, but on its own it does not cover every check a purchase requires.

It gives registry information on the property, its owners and the rights or charges that are registered. Other questions — certain debts, planning status, actual occupation or the condition of the building — require further documents and checks.

What a nota simple is

The nota simple is an informative extract of the Land Registry’s content relating to one property. It is not the deed, it is not a title document and it is not a registry certificate.

According to the Colegio de Registradores, it identifies the property, the holders of the registered rights and the extent, nature and limits of those rights. It also records prohibitions or restrictions affecting the registered holders or rights.

Source: Colegio de Registradores — Information on the nota simple

Its value also depends on reading it correctly: an annotation or an affecting entry may need a legal explanation before you decide how to proceed.

Is it worth the same as a registry certificate?

No. Article 222.5 of the Ley Hipotecaria provides that the nota simple has purely informative value and does not attest to the content of the register entries.

A registry certificate (certificación registral), by contrast, is a public document that attests to the content of the Register.

Source: Ley Hipotecaria — Article 222

The Colegio de Registradores explains that difference, without diminishing the nota simple’s usefulness for the usual checks in a purchase.

Ordering a certificate does not replace checks outside the registry either. Which document you need should follow from the information and formal proof each case requires.

Source: Colegio de Registradores — Differences between a nota simple and a certificate

What to review

When the nota simple arrives, look at:

The Ministry of Consumer Affairs recommends consulting this document before paying money or signing a contract.

Source: Ministerio de Consumo — What a nota simple is

What the nota simple alone cannot confirm

1. That there are no community or IBI debts

A nota simple with no mortgages does not, by itself, prove that the seller is up to date with every payment.

The Ministry of Consumer Affairs recommends checking IBI debts separately, together with the certificate of debts owed to the owners’ community and any approved special contributions still unpaid. It also warns that certain debts can legally affect the property.

Source: Ministerio de Consumo — How to verify a property’s debts

So request the relevant documents and settle how any outstanding amounts will be dealt with before signing.

2. That all works and uses are regularised

The registry position alone cannot rule out a planning issue.

Depending on the property, it may be necessary to ask the local council about licences, works, permitted uses or files.

Article 27 of the Land Act governs the effect of a transfer on the owner’s planning duties. Buying does not automatically remove those duties.

Source: Real Decreto Legislativo 7/2015 — Article 27

3. That the home is physically empty

Actual occupation has to be checked another way. You should know whether there are tenants, people with a right to use the property, or outstanding handover commitments.

The Notariat explains that the seller must state the letting and occupation position in the deed.

Source: Consejo General del Notariado — Buying a home

Any contracts or relevant circumstances must be analysed before agreeing the terms of possession and handover of keys.

4. That the property has no defects

A nota simple is not a report on structure, damp or installations.

If you need to know the condition of the building, commission an inspection from a qualified professional. The legal review can consider the consequences of that report, but it does not replace the assessment.

5. That you can use it as you intend to

Buying to live in, to renovate or to run as tourist accommodation raises different checks.

Explain your purpose before committing money. Regional and municipal rules, planning documents and the community’s rules may all need reviewing, and feasibility cannot be inferred from the nota simple alone.

Check that every annex is included

A garage or a storage room may have a registry identification separate from the home. Ask for clarity on how each is configured and exactly what is being transferred.

The documents and the contract must allow each item offered to be linked to the right you will acquire. A viewing or an advert does not settle that correspondence on its own.

If the seller offers exclusive use of a common area, also request the documents that support that use.

Is an old nota simple enough?

The information must be appropriate to the moment of the decision.

The Colegio de Registradores notes that the nota simple reports the holders, rights and charges in force when it was requested. It should not be treated as a guarantee that nothing will change afterwards.

Source: Colegio de Registradores — How far the registry information reaches in time

Arrange the update with those preparing the transaction. The notary’s office carries out its registry checks before authorising the deed, as part of its function.

Example: a home with no mortgage and an extension

Imagine you view a house with an extra room and a pool. The nota simple identifies the seller and shows no mortgage.

Before concluding that you can buy without further checks, it is worth comparing the documented description with what you have seen and asking for information about the works.

There may be a documentary explanation, or a difference may need clarifying. The absence of a mortgage does not resolve that question.

The review should identify what is missing, who can verify it and how it affects the decision to buy.

What documents can complement the nota simple

Depending on the transaction, it may help to request:

• Title deed and documents relating to the sellers.
• Registry information on the annexes.
• Cadastral documentation.
• Community debt certificate and relevant minutes.
• Information on IBI.
• Licences and the relevant municipal documents.
• Energy certificate and any required occupation documents.
• Tenancy agreements or other rights of use.
• A technical report, where necessary.

Not every document is required in every case. The Notariat sets out several of these checks and notes that some requirements depend on the autonomous community.

Source: Consejo General del Notariado — Documents for the sale

Frequently asked questions

Does a nota simple with no charges mean I can buy without risk?

It cannot guarantee that. You must check the scope of the registry information and the other circumstances of the transaction.

Can I request it myself?

Yes, provided you evidence the required legitimate interest. It can be requested from the relevant registry or through the Colegio de Registradores’ official services.

Source: Ministerio de Justicia — Publicity of the Land Registry

Must I always order a certificate?

It should not be treated as a universal requirement for any purchase. Consider whether you need basic information or formal proof of a specific registry entry.

Who should interpret the charges?

You can ask the notary or the professional advising you. If you have engaged a lawyer for the purchase, confirm that their engagement includes analysing the charges and proposing how to deal with them.

Use the nota simple within a full review

The nota simple helps to identify essential points about the home. It is most useful when set alongside the rest of the documents and the terms of your purchase.

At MH Legal & Seguros we advise national and international buyers on property transactions across Spain, with service in your language and offices in Dénia, Gandía and Villalonga.

Contact our team at info@mhlegalyseguros.com to review the documents before you buy.