What the nota simple is and when to request it
The nota simple is an extract of what the Land Registry records about a property: who owns it, what the property is like and what charges it carries. It can be requested online from the Association of Registrars or at any land registry, costs a few euros and arrives the same day.
It reflects the situation on the day it is issued, so it is worth requesting it twice: before paying the deposit and just before signing the deed. The one the agency shows you is no good if it is weeks old.
The owner: make sure the seller can sell
The first thing is to check that the registered owner is the person selling to you. If the flat belongs to a married couple under community property, both must sign. If it belongs to several heirs, all of them. If the inheritance has not been registered, the seller will have to register it first, and that takes time.
Also check whether someone holds only the usufruct or the bare ownership: buying from someone who does not have full ownership means buying less than you think.
The description: what is really being sold
Compare the floor area and the registered description with what you are being shown. If the listing mentions a storage room or a parking space and the nota simple does not show them as annexes or as separate properties, they may not be included in the sale, or may not be transferable as you think.
A large difference in square metres, a terrace that is not recorded or a home that appears in the Registry as commercial premises are signs that something was done without a licence or without being registered. That affects the price, the mortgage and resale.
Charges: what can cost you money
This is the part that matters most. The most common ones:
- Mortgage: normally the seller cancels it at the notary with part of the price. This must be agreed in advance, with the bank present or having provided the redemption figure.
- Seizures and cautionary entries: if they are not lifted before signing, the flat remains liable for that debt even once it is yours.
- Tax liens (afecciones fiscales): notes stating the property is liable for five years for payment of a tax. They are very common and almost always harmless, but you should know how to read them.
- Protected housing, easements or conditions: they may restrict the price, the use or who the property can be sold to.
If the nota simple says «no charges», all the better. If it says something you do not understand, do not pay the deposit until someone explains it to you.
If something turns up, there is still time
A charge does not have to kill the purchase. You can require it to be cancelled at the signing itself, deduct it from the price or state in the arras that, if it is not resolved, you get your deposit back. What you do not want is to discover it after signing.
In the first consultation, which is free, we go through your nota simple together and I tell you whether there is anything to negotiate before you pay the deposit.
Further reading: what to check before buying a home in Madrid and who pays community debts when you buy.