In this article, we discuss the Spanish Nota Simple. An essential document for any buyer and owner of property in Spain. We talk about the information contained in the Nota Simple and how to obtain it. While we try to be as explanatory as possible, this is not legal advice. Many issues you might run into are not in this article. We recommend getting legal advice from a Spanish property lawyer with significant purchases.
What is a Nota Simple?
In Spanish property law, the Nota Simple is a document that certifies the title of ownership (right to property) for land or real estate in Spain. The Nota Simple contains a property description in the broadest sense and is an essential document used in the Spanish property conveyancing process.
The Nota Simple is a legal document that specifies all the transaction details, and it contains essential information that should be examined and verified carefully.
In other words, it is a thorough real estate report (or land registry report or property registry filing) that documents the official version of the real estate.
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Property registration data inside of Nota Simple
The document certifies what is legally on a piece of land. However, it contains more. There are three parts inside the Nota Simple, legal information, financial information and architectural information.
The Nota Simple contains enough legal information for a prospective buyer to decide whether to buy. This part may have historical data, the land’s surface, existing structures (houses), valid archaeological sites (especially in Andalusia), proof of ownership, easements rights and others. Other property registration data include:
- Address of property
- Name of current owner or owners (and tax identification number)
- Percentages of ownership by owners
- Land registry number (cadastral reference)
- Other users’ rights to the property (pipelines, roads, footpaths, waterways, etc.)
- Use of the property (residential, agricultural, etc.)
The financial section includes essential information about taxes, mortgages and others.
- Mortgages that must be settled
- Debts that must be settled
- Liens against the property
- Date of purchase by ownership
- IBI tax (council tax costs)
- Outstanding taxes
The Nota Simple contains essential architectural information when you plan to embellish your newly acquired real estate. If there are building codes or restrictions of any kind (like height restrictions), the purchaser must know this information. This document may also include certificates and other relevant architectural details about the property.
- Total square metres
- Defined boundaries
- The built structures
- Type of property
- Type of building
- Annexes (Parking and storage)
- Size of property
- and other property description
When do you use the Nota Simple?
The Nota Simple is a document that contains essential information about a piece of property, as previously said. It’s most commonly used to sell real estate and acquire real estate. However, there are other applications for these important papers.
When buying property in Spain, you can use the Nota Simple to ensure you are not purchasing a property with liens or other vital restrictions.
You can also use the Nota Simple to ensure that the property you want to purchase is entirely accurate described by the current owners. This isn’t easy to do, and this is where a property lawyer will assist you.
It is advisable to request the Nota Simple to confirm what you are buying. After escrow, the seller will not change the Nota Simple anymore. The document must be respected by law at that moment.
It is possible that the Nota Simple is inaccurate or has other issues with it; therefore, the lawyer must make additional investigations.
You can use the Nota Simple as a legal document to transfer property when selling real estate. You can show the Nota Simple to prove that the property and all its details and information is yours. When needed, you can use the nota simple in court.
The Nota Simple is also essential when obtaining a mortgage or financing. If you are using the Nota Simple for a loan purpose, you must understand its financial information and how it can protect your interests.
Letting the property
It is typically used as proof of ownership when renting out the property. Before signing any agreement or contract with your landlord, you should ensure that the person you communicate with owns the property.
The Nota Simple will inform you of everything you’ll get when you’re receiving real estate through inheritance. The legal status of your legacy must be understood and utilized in your own best interests.
How to obtain the Nota Simple?
If you do not have an NIE, NIF or CIF number, you can provide the full name of the owner or company owner. Next to this, you can also use the land registry number of the property. If you already know it.
The Spanish Land Registry office holds the official document. The Land Registry office is an integral part of the National Government, and the purpose of the registry is to collect registered and changed deeds.
The registry will only give out copies of Nota Simples. The Nota Simple is available in Spanish and can be requested in person at any registrar’s office or online. This is possible if you want us to get you the Nota Simple.
The Nota Simple inside of the Spanish property conveyancing process
Getting a Nota Simple is one of the first things you’ll need to do when purchasing a home in Spain. Moreover, it’s a crucial legal real estate document, and therefore people often hire a Spanish property lawyer to get it and check it. The lawyer will ensure that the house for sale has an up-to-date Nota Simple attached.
After obtaining and checking the essential documents attached to the property, the property lawyer will assist with the property due diligence, clauses in the reservation contract and purchasing contract, signing at the notary, and obtaining the property deed.
Real Estate Buying Assistance
Request a property lawyer in Spain from SpainDesk to assist you in Spanish real estate law and make sure the sale by the seller is entirely legal without any debts and boundaries that will affect you in the future. We will assist you with the whole process of buying property in Spain.
A final word from SpainDesk
At Spaindesk, we also assist with immigration to Spain (such as the Non-lucrative visa and Golden Visa), Spanish company formation, and any Spanish tax/accounting services you may need. Our firm is a one-stop shop for relocating to or investing in Spain. Let us know what you need by submitting the contact form. We have an excellent track record, and we will make your property challenges satisfactorily resolved.
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