Nota Simple in Spain – What This Document Reveals and What It Does Not

A Nota Simple is important, but it does not provide the complete picture of a property.

Many buyers request an up-to-date Nota Simple before purchasing a property in Spain and assume that they now have all the relevant information.

The problem is that an up-to-date and unencumbered Nota Simple does not automatically mean that a property is free from issues.

The Nota Simple provides important information about the legal status of a property. At the same time, there are numerous aspects that simply do not appear in this document.

What a Nota Simple Actually Reveals

An up-to-date Nota Simple provides information about, among other things:

• the legal owner or owners of the property
• the property description registered in the Land Registry
• the registered plot size
• the registered built area or living area
• existing mortgages
• embargos or legal seizures
• usufruct rights
• occupancy or habitation rights
• rights of way
• other registered encumbrances benefiting third parties
• the property's cadastral reference number

This information is important for every buyer and should be carefully reviewed before signing a purchase contract.

What a Nota Simple Does Not Reveal

A Nota Simple will normally not reveal:

• whether all buildings and structures have been legally constructed
• whether extensions, conservatories, garages or swimming pools have been properly authorised
• whether all alterations have been registered with the Land Registry
• whether the actual living area matches the registered living area
• whether a valid occupancy licence or habitation certificate exists
• whether there are outstanding community debts
• whether major community maintenance projects or special assessments are planned
• whether urban planning restrictions or usage limitations exist
• whether any building regulation violations exist
• whether the property is technically free of defects
• whether the information in the Cadastre and the Land Registry fully matches

For this reason, a purchase decision should never be based solely on a Nota Simple.

How We Work at Villas Azahar

When preparing our private purchase contracts, we do not rely exclusively on the Nota Simple.

As a general rule, we attach both an up-to-date Nota Simple and the current cadastral documentation as annexes to the private purchase contract. This allows buyers and sellers to review the most important property-related documentation before the notary appointment and verify the key details of the property.

Depending on the property, we may also recommend reviewing additional documents and information relevant to the purchase.

Conclusion

The Nota Simple is one of the most important documents when buying property in Spain. However, it is equally important to understand what information it does not contain.

Understanding the limitations of this document allows buyers to assess risks more accurately and make purchase decisions on a much more informed basis.

Villas Azahar assists buyers in Alcossebre and along the Costa del Azahar throughout the entire purchasing process, from reviewing documentation to completion before a notary.