Spanish Nota simple 

A “nota simple in spain” is a detailed and in-depth property report that includes a verified official description of the property or land that is for sale. This document is uncertified and should only be used for general information. Its contents are very important to determine key financial decisions in real estate transfers.

For certain procedures, such as mortgage applications, Golden Visa renewals, and civil court proceedings, an updated Land Registry certificate is typically required, rather than relying solely on a Nota Simple.

This document is essential in real estate ownership transfer. The official description of the property or the land includes ownership, description, boundaries and debts against it.  Don’t proceed with a purchase of a property until you are satisfied with the information in the nota simple, there may be both legal and financial repercussions. 

Often, boundaries and descriptions are inaccurate. Although it is the owner´s legal duty to maintain accurate information in the nota simple, is not always the case. So, it’s important to decide who will pay for the costs involved in legalizing the changes to the property or land in the nota simple.

The Spanish nota simple is mainly used in buying and selling property but there are other procedures for which the simple note is necessary.

Visa applications.

For a Non-Lucrative Visa, it is not necessary to be the owner of a home in Spain, therefore it is not necessary to provide a nota Simple of the property that you own in Spain or that you wish to buy in the future.

For Golden Visa renewal applications, applicants must provide formal evidence of property ownership in Spain. A Nota Simple is not considered sufficient for this purpose. Instead, official ownership certificate(s) issued by the Spanish Land Registry for the relevant property or properties are required.

Loans against property. 

Nota Simple documents in Spain are commonly used when applying for loans secured against a property or land. A Nota Simple in Spain is particularly useful for confirming whether the property is held in full ownership, whether it is owned by multiple parties with specific ownership percentages, and whether there are any outstanding debts or registered charges, among other aspects. However, if the financial institution’s legal department decides to proceed with granting the loan, the Nota Simple in Spain alone will not be sufficient, and an updated Land Registry certificate will be required. Once obtained, the lender will assess the final loan amount based on the market value of the property.

In certain cases, properties intended to be mortgaged are not properly registered in the corresponding Land Registry. In such situations, Spanish banks, in order to proceed with the approval of the loan, will require that the new build declaration procedure (declaración de obra nueva) be initiated. These types of issues can significantly delay or even prevent the completion of a property transaction.

Purchasing and selling property in Spain. 

This is the main use of the nota simple. In this process a nota simple will indicate if there are any outstanding charges on the property, the boundaries, the square meters, description, ownership, and other important information required to make the right real estate transfer. This document will be part of the contract of transfer together with the conveyancing report

It favours the seller to have an accurate Nota simple of the property so that the buyer can acquire the required mortgage and have the information to make the right decision. 

If you decide to sell your property (flat, villa, plot etc) through a real estate agent, they will need a copy of the nota simple to verify the legal and economic status of the property.

DAFO, SAFO

Property owners subject to the procedure of SAFO, DAFO or AFO must provide the City Council with the corresponding Nota Simple of the property subject to said procedure.

APPLICATION FOR BUILDING PERMITS 

When requesting a building permit for building, expansion, or reforms, it is recommended to submit a simple note to the Urban Planning area of ​​the corresponding town hall.

This document is not accurate most of the time. If a property has recently undergone renovations, it’s not uncommon for the owners to have neglected to update the nota simple to reflect these changes. Boundaries for rural properties might also be variable.

Inaccuracies and errors on Nota Simple occur a lot in rural plots, or in existing houses in the countryside. Typical inaccuracies are surface area of the plot or the house that appears in the Nota Simple does not usually coincide with the physical reality of the property

This is a very common problem in Spain, although it is true it happens less these days. Tejada Solicitors always advise our clients that are purchasing rustic homes or rural land, to request from the seller a measurement of the property object of sale and said measures are compared with those that appear both in the Nota Simple and in the real estate cadastre. This is a very effective way of proceeding to detect errors and request the seller to correct them, another very typical example that we usually find in the procedures of sale, is when expansion works have been carried out on the house. When this happens, a new construction deed must be granted before the notary to update the m2 of the house both in the property registry and in the cadastre, but this is a procedure that many owners in Spain ignore and postpone until the moment the property is sold. We always recommend keeping the data updated and correct, both in the Nota Simple and in the cadastre, since we will avoid delays if we want to sell or if we want to apply for a mortgage on our property.

Regarding urban properties, such as Flat or Semi-detached or Semi-detached Houses, there are not usually so many errors, the physical reality usually coincides with the Nota Simple and the cadastral information, even so, we always recommend that the appropriate checks be carried out.

Interesting read: How to buy property in Spain

Anybody in Spain can request a nota simple. You can do it online or at the office “Registradores de España”. 

You will need at least one of these so that they can find the record:

• Owners full name. 
• Address where the property is.
• The identification number ( IDUFIR) ( Identificador Único de Finca Registral)
• Catastro number.

Also, you will have to give your email address to receive the document.