Nota simple in Spain: what it is, what it shows and why every buyer requests one

When someone gets serious about a Spanish property, one of the first things their lawyer or advisor asks is: «Do you have the nota simple?». If you've owned an apartment on the Costa Blanca for years and never gone through a sale before, you may never have come across this document. It's not complicated — but understanding what it is and what it says can save you some very inconvenient surprises at the worst possible moment.

What is the nota simple, exactly

The nota simple is an informational extract issued by the Registro de la Propiedad — Spain's Land Registry. In practical terms, it's the official document that confirms who legally owns a property, what encumbrances it carries, and how the property is registered. It is not the escritura (the deed, which is the legally binding document signed before a notary) — but it is the first thing any buyer, bank or solicitor requests before taking another step.

The Registro de la Propiedad is a public body under the Spanish Ministry of Justice. Every registered property has a file that records all changes of ownership, mortgages, court orders, usufruct rights and any other charge affecting the property. The nota simple is an up-to-date summary of that file.

What information does it contain

A standard nota simple has three sections:

1. Ownership

This shows who legally owns the property and in what proportion. There may be a single owner, two owners (a married couple, for example), multiple heirs, or a company. If the person selling to you does not appear as the registered owner in the nota simple, something does not add up — and you should stop before going any further.

2. Property description

This includes the cadastral reference number, the built and usable floor area, the floor level, the registered address and a description of the property as it appears in the Land Registry. This doesn't always match the physical reality of the property — sometimes there are differences in measurements or outdated descriptions — but it is the official registered version.

3. Charges and encumbrances

This is the section buyers pay most attention to. It lists all charges on the property: active mortgages, court-ordered embargos, right-of-way easements, usufruct rights, resolutory conditions and any other registered encumbrance. A property with an active mortgage can be sold, but that mortgage must be cancelled at the notary on signing day, usually paid from part of the sale price.

Why buyers always request it

The reason is simple: the buyer wants to confirm they are buying what they think they are buying. Without the nota simple, there is no way to verify that the seller is the actual registered owner, or whether the property carries hidden debts. A court embargo, for instance, is not always visible to the naked eye. A property can look immaculate while having an embargo for unpaid community fees or tax debts — and that embargo does not disappear with the sale.

Buyers' solicitors use the nota simple to cross-reference the data against the proposed escritura. If there are discrepancies between what the seller states and what the Registry shows, those discrepancies need to be resolved before the notarial signing.

Why sellers should request it before listing

Here is advice many sellers don't receive until it's too late: request your own nota simple before putting your property on the market. Not to hand it to potential buyers immediately, but to know exactly what state your property is in at the Registry.

We have come across situations where a seller discovers — once a buyer is already in place and signing day is approaching — that their mortgage was never cancelled at the Registry, even though it was paid off years ago. Or that a usufruct holder had died long since but no one had ever processed the cancellation. These things can be resolved, but they take time and documentation. Finding them before you list means you solve them without pressure and without derailing a live sale.

How to get a nota simple

The easiest way is through the Colegio de Registradores portal: registradores.org. The cost is €9.02 and delivery usually takes 24 to 48 working hours. You will need either the cadastral reference or the registration details of the property (property number, volume, book, folio — all found in your escritura).

You can also request it in person at the local Land Registry office. For properties in Torrevieja and Orihuela Costa, the competent registry is the Registro de la Propiedad de Torrevieja.

How long is it valid

The nota simple has no official expiry date. Banks and notaries, however, generally prefer one that is less than three months old to consider it current. If yours is older than that, any Registry changes made since will not be reflected in it.

Nota simple and outstanding mortgage

If there is an active mortgage on your property, it will appear in the nota simple with the original loan amount and the date it was registered. To sell, you will need to request a certificate of outstanding debt from your bank, showing exactly how much remains. That amount is settled at the notary on signing day — typically deducted directly from the sale price. The formal cancellation of the mortgage at the Registry usually follows in the days or weeks after the sale.

What we do at Bennecke

When a property owner instructs us to sell their property, reviewing the nota simple is part of our valuation and listing process. If we spot any Registry issue — an uncancelled charge, an ownership discrepancy, or an outdated property description — we flag it to you before we begin marketing, so you can resolve it without pressure and without it affecting the sale.

We have been managing property sales on the Costa Blanca for over 35 years. The nota simple is a document we have read thousands of times, and we know exactly what to look for. If you have any questions about yours, get in touch with our team.