Nota Simple Explained: How Your Lawyer Reads the Spanish Land Registry Extract

What is a nota simple?

It is a short summary of the registry entry for a specific property (*finca registral*). It can be requested online or at the relevant Land Registry office and usually arrives within one or two working days. It is not a certificate with full legal value, but it is the standard tool for checking a property before a purchase.

The main sections of a nota simple

Description of the property

The first section describes the property: location, registry number, surface area, boundaries and sometimes the rooms or buildings. Your lawyer compares this with the Cadastre and with the physical property. Differences are common in older homes and rural fincas, especially where extensions were added after the original registration.

Owner (titularidad)

This shows the registered owner or owners, their share (for example 50% each) and how they acquired the property: purchase, inheritance or donation. If the person selling you the house is not listed here, you need to understand why before going any further.

Charges (cargas)

This is the most important part for a buyer. It may include:

• Mortgages (*hipotecas*), with the amount secured and the lender.
• Seizures (*embargos*) registered by courts or tax authorities.
• Easements (*servidumbres*), such as rights of way.
• Usufruct rights, where someone else has the right to use the property.
• Pre-emption rights and conditions affecting protected housing.
• Notes about pending tax assessments, which are very common after previous sales and usually harmless.

Pending entries

If a document has been presented to the Registry but not yet registered, it will appear as pending. This may reveal a recent sale, a new mortgage or a court order.

What the nota simple does NOT tell you

This is where many buyers are caught out. The nota simple does not show:

• Whether buildings or extensions have a building licence.
• Community of owners debts or planned works.
• Unpaid IBI or local taxes.
• Whether the property has a valid tourist rental licence.
• Whether there are tenants or occupants.
• Planning infringements open with the town hall.

That is why the nota simple is the starting point of due diligence, not the end. Our conveyancing services combine it with checks at the Cadastre, the town hall and the community of owners.

Common red flags

• The seller’s name does not match the registered owner.
• A mortgage or seizure much larger than expected.
• A usufruct in favour of a third person, often a parent after an inheritance.
• A registered surface area far smaller than the actual house.
• Restrictions linked to officially protected housing (*VPO*).

None of these necessarily stop a purchase, but each must be resolved or priced in before you sign a deposit contract.

When should the nota simple be requested?

Always before signing the *arras* contract, and again just before completion. Your lawyer will usually request a fresh one a day or two before the notary appointment to confirm nothing new has been registered. Charges and ownership issues often connect with wider civil law questions such as inheritance or co-ownership disputes, which should also be reviewed.

Key points on the nota simple

The nota simple is a small document with a big role. Read correctly, it tells you whether the seller can legally sell and which burdens must be removed. Read alone, it can give a false sense of security. Castell.law reviews and explains the Land Registry extract for foreign buyers in English, German and Spanish, as part of a complete legal check.

Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.