What is a nota simple and what is it used for?

What information it includes

In practice, you will see:

• Registry identification (property reference number, volume, book, page) and the cadastral reference where available.
• Owners and nature of ownership (full ownership, bare ownership, etc.).
• Encumbrances: mortgages, cautionary notices, court liens, relevant easements.
• Surface area and the description of the property held by the Registry.

The nota simple is purely informative: the Registry issues it to provide transparency, but full public faith and legal standing are established through other official documents depending on the transaction (sale, discharge, etc.).

Why a buyer requests it

Before paying a deposit under a deposit agreement, it is advisable to verify that the seller matches the registered owner, that there are no surprise encumbrances hindering a clean sale, and that the property you view is the one being conveyed in the title deed. If there is a mortgage, usufruct, or multiple co-owners, the transaction's timeline and required signatories change.

A property shopper usually requests a nota simple during the initial due diligence phase, alongside the IBI (property tax), community fee statement, and energy performance certificate. Spotting a registry issue early prevents losing your deposit or arguing with a seller who cannot transfer what was promised.

Difference from a land registry certificate

A registry certificate has specific legal effects regarding deadlines and buyer protection under the Mortgage Law. A nota simple is quicker and cheaper for obtaining information, but the notary and the bank may require updated certificates at later stages. It is not uncommon to request a nota simple at the start and a more recent certificate prior to signing.

How to request it

You can request it from the relevant Land Registry (in person or online via the Association of Land Registrars portal), providing property details or the address. There are authorised online services; avoid unstamped copies or dubious PDFs in serious transactions.

The nota simple effectively expires in practical terms: if weeks pass, the legal status may change (new mortgage, lien). Update it before signing a binding deposit agreement if the market is slow or the seller has debts.

What a nota simple does not resolve

• Community of owners debts (request a certificate from the property manager).
• Licences, planning breaches or squatting/occupancy (requires checks with the local council and a site visit).
• Interior condition, dampness or latent defects (technical inspection and contract terms).
• The seller's tax situation (the tax authority may have separate entries).

Relationship with the mortgage

The bank will carry out its own registry analysis. If the nota simple shows encumbrances, the buyer must plan for cancellation using part of the purchase price, subrogation, or variation. Without a clear plan, the binding mortgage offer (FEIN) may fall through even if the flat is ideal in person.

Common mistakes

Confusing the cadastre with the registry, trusting an old PDF provided by the seller without verifying it, or assuming that 'free of encumbrances' means no community debts. Requesting an extract for the wrong property (different doorway, parking space or storage room) also occurs: verify the cadastral reference and address.

Usufruct, bare ownership and joint ownership

If the nota simple shows usufruct or bare ownership, you are not buying full ownership unless those rights are cancelled or transferred. If there are multiple co-owners under joint ownership, all must appear or authorise via valid power of attorney. Spotting this late can disrupt moving dates and financing.

Record-keeping and archiving

Keep the nota simple alongside the deposit agreement and correspondence with the seller. If a dispute over encumbrances arises months later, the dated document clarifies what was known at the time of the offer.

For urgent transactions

If the seller presses for a deposit agreement within 48 hours, a recent nota simple is your safeguard: without it, urgency is a red flag. Request a copy no older than a few weeks or renew it yourself at the relevant Land Registry by paying the official fees.

Next step

If you are considering a flat in Madrid, Valencia, Illes Balears or Aragón, include the nota simple in your checklist before making an offer. At Sky Real Estate, our property personal shopper service includes checking consistency between the listing, the nota simple and the seller's documentation so you do not move forward blindly.