How far in advance of signing should I request the nota simple?

Request one at the start of the negotiation, before the arras, and repeat it a few days before the escritura if time has passed. The document is cheap and reflects only the moment of issue.

Who pays for the nota simple, buyer or seller?

There is no fixed rule: it is usually requested by whoever wants to check (normally the buyer or their bank) and paid by whoever requests it. It costs €9.02 plus VAT through the official online channel.

Does the notary check the charges for me?

The notary usually requests registry information before the escritura, but reaching the signing without having reviewed it yourself means taking risks too late. The prior nota simple lets you negotiate or walk away in time.

What if the property has a charge the seller did not know about?

It happens frequently (old mortgages never cancelled). The usual solution is to cancel it before the sale or to withhold the necessary amount from the price to cancel it at the signing itself.

The nota simple before buying a home in Spain: 8 essential checks

Why the nota simple is the first document

Of all the paperwork in a Spanish property purchase, the nota simple is the cheapest document and the one that prevents the most surprises. For €9.02 plus VAT at the official e-office it tells you who the registered owner is and what burdens the property, and it gives you the real legal description of the property. Request it before signing the arras (deposit contract) and repeat it just before the escritura if time has passed.

The 8-check checklist

1. The property is the right one

Compare address, floor, door and description with the property you visited. In buildings with many units it is easy to request the note for the flat next door. The referencia catastral on the IBI bill helps identify it without error.

2. The seller is the registered owner

Whoever signs the sale must be the person appearing as owner. If someone else is selling (a company that bought without registering, an heir who has not accepted the inheritance), the transaction needs documented prior steps.

3. Co-owners and matrimonial regime

If there are several owners, all of them sell. If the owner is married under community property, the spouse's consent may be needed. The note tells you how many owners there are and in what proportion.

4. Outstanding mortgages

A registered mortgage does not disappear because the loan is paid off: it stays at the Registry until it is formally cancelled. Require cancellation before the purchase or within the same deed.

5. Embargoes, lawsuits and precautionary measures

Any preventive annotation of embargo, lawsuit or precautionary measure is a stop signal. Buying a property that is embargoed or under litigation can complicate your life for years.

6. Usufructs and rights of use

A lifetime usufruct (common after inheritances) means someone has the right to use the home even if you buy the bare ownership. It completely changes the meaning of the transaction.

7. Surface and description

Compare the registered square metres with the listing and with the Catastro. Large discrepancies should be clarified before signing: they affect price, mortgage and future procedures.

8. Pending entries

If there is a transaction filed but not yet registered (another purchase, an inheritance), the situation can change within days. Ask about it and repeat the note before signing the escritura.

What the nota simple does NOT tell you

Complete the review with other documents:

Community-of-owners debts: request a debt certificate from the community manager.
IBI up to date: ask for the latest receipts.
Planning status and occupation: not recorded in the note; check them at the town hall and during the visit.
Tax charges of the transaction: municipal capital gains and transfer taxes are calculated separately.

When to repeat the note

The nota simple reflects the Registry at the moment it is issued. If weeks pass between the first note and the escritura, request a new one: it is the only way to know that no last-minute charges have been annotated. For its price, it is the best insurance of the transaction.

A complete practical case

Ana is going to buy a flat in Valencia. Before signing the deposit contract (arras) she requests the nota simple, and this is what she finds:

Ownership: the seller is the registered owner. Correct.
Charges: a live mortgage from 2012. The seller's bank will provide the payoff letter and the cancellation will be signed on the same day as the purchase.
No preventive entries: neither seizures nor lawsuits.
Description: 78 m² are registered; the listing said 85. The seller clarifies that the listing included common areas; Ana adjusts her offer with the real figure.
Garage and storage room: they are independent registry properties. Ana requests their notas simples as well before including them in the price.

Total invested: three notas simples and an afternoon of review. In return, she signs the deposit contract knowing exactly what she is buying.

What to do if the checklist finds a problem

Live mortgage: the most common case. It is resolved by cancelling it within the transaction (the price pays off the bank and lifts the charge).
Seizure or preventive entry: pause the transaction until the proceeding is understood; it may require the seller to lift it first.
Ownership different from the seller: demand documentation explaining it (adjudicated inheritance, valid power of attorney).
Urban planning charges or easements: assess their real impact on the use you intend.