The one document that tells you if the seller actually owns what they're selling you
The listing photos look clean. The price looks right. None of that tells you whether the seller can actually sell, or what's quietly attached to the property before you sign.
Pedro Torres5 min read
You've seen the property, you like the price, and the seller seems straightforward. None of that confirms the one thing that actually matters: that the person selling it to you can legally do so, and that nothing else is attached to the property that will become your problem the day after completion.
There's a document that answers exactly that, held by the Spanish Land Registry (Registro de la Propiedad) — not the estate agent, not the seller. It's called a nota simple, and it's one of the cheapest, fastest checks in the entire process. Most buyers have never heard of it until someone tells them to ask for one.
What it actually shows — and what it deliberately doesn't promise
The nota simple has to identify the property, name whoever holds registered rights over it, and set out the nature and extent of those rights — plus any prohibition or restriction affecting them. In practice: who owns it, whether there is an outstanding mortgage against it, and whether anything else is attached that would transfer with the property if you bought it as it stands.
Spanish law is explicit that a nota simple is purely informative — it does not certify anything. The Registrar is liable for errors in issuing it, but the document itself isn't a notarial guarantee. That distinction matters less in practice than it sounds: it's still the single most reliable source available before you sign, and it's exactly what the notary and your legal advisor will check before completion anyway.
Why checking it isn't just caution — it's what the law protects
Spanish property law gives a specific protection to a buyer who, in good faith and for value, buys from someone the Registry shows as having the right to sell. Once your purchase is registered, you keep it — even if the seller's own title later turns out to have been flawed — as long as the reason for that flaw was never recorded in the Registry. That protection is exactly why the check matters: it's not just information, it's the foundation the law uses to decide whether you're covered.
Good faith is assumed by default. It stops being assumed the moment you knew — or the nota simple told you — about a problem and bought anyway.
| What it shows | Why it matters to you |
|---|---|
| Registered owner | Confirms the seller actually has the right to sell |
| Outstanding mortgage | Debt attached to the property, not automatically cleared on sale |
| Liens, charges, restrictions | Anything that transfers with the property if left unresolved |
Ley Hipotecaria, art. 222.5.
You can request one from any registrar in Spain, from anywhere
You're free to request the nota simple for any property through whichever registrar you choose — it doesn't have to be the one covering the property's own district. It's issued electronically, so there's no need to be in Spain, or even to have decided yet whether you're going ahead. Getting one before you make an offer costs you almost nothing and tells you whether the rest of the process is even worth starting.
What is a nota simple in Spain?
A Land Registry extract showing who owns a property, any mortgage or charge against it, and any restriction attached to it. It's the standard check before buying.
Is a nota simple legally binding proof of ownership?
No. Spanish law describes it as purely informative, not a certified guarantee. It's still the most reliable source available before completion, and the same information the notary relies on.
Do I need to be in Spain to get a nota simple?
No. It's issued electronically and can be requested from any registrar in Spain, regardless of where the property is located.