WHAT IS THE NOTA SIMPLE IN THE SPANISH REAL ESTATE SYSTEM?

If you are here, you are probably in the process of searching for a property in the sunny Spain, well, the Nota Simple is an essential document when purchasing a property and it is highly advisable to take it into account in order to know the legal reality of a property.

In this article we will tell you what the Nota Simple is, what it is used for, what information it contains and how it can be requested.

What is the Nota Simple?

According to the spanish Real Estate system, it is a document issued by the Land Registry, which provides information on aspects or characteristics of a property, such as its location, details of the owner, charges or burdens associated with the property (such as a mortgage), and any restrictions on its use that may exist.

What is the Nota Simple used for?

Among other things, to accredit the ownership, description and encumbrances of a property to private individuals or public bodies (tax administrations, administrative registers such as the Real Estate Cadastral Register, etc.).

A Nota Simple can also be used to apply for a personal loan or mortgage. If you request, for example, an appraisal of the property in order to obtain a mortgage, it is obligatory to hand over a Nota Simple, which is no more than 3 months old, to the appraiser who carries out the visit.

What is the difference between a Nota Simple and a Certificate of Registration?

Well, the Nota Simple is a merely informative document, without the legal consideration of a public document. In order to be considered as such, the document to be acquired must be a Registry Certification and the difference with the Nota Simple is that the latter is a merely informative document that notifies the owners of charges, rights and limitations in force at the time of its application. It is, therefore, the Certification that accredits both current and former titleholders, rights and limitations in force or extinguished and, being a public document signed by a Registrar who attests to its content, it is valid before natural or legal persons but also before courts and public institutions and bodies, and is legally the only means for this purpose.

In practice, such is the trust placed in any document from the Land Registry that, for simple and common transactions, the Nota Simple is usually accepted, and is commonly accepted even by banks for the study prior to the granting of mortgage loans.

What specific information does the Nota Simple contain?

1. The registered property: this is the most relevant part of the document and indicates what type of property it is, whether it is rural or urban, its extension, orientation, boundaries, and sometimes, the uses that the property may have with its unique registration number.
2. Ownership of the property. This shows the details of the owner or owners of the property, whether the property is owned by the owner or owners, and how it was acquired (by inheritance, purchase, etc.). The name of the notary authorising the deed and its date are usually also shown.
3. Burdens on the property. As mentioned above, the property in question may be encumbered by encumbrances such as mortgages or limitations on use (such as usufructs or easements). The recorded encumbrances warn of both financial liability in the event of non-compliance with the encumbrance.
4. Marginal notes. This section refers to complementary information about the property, such as legal and urbanistic affectations, liens or lawsuits.

Who can apply for a Nota Simple and what are the requirements for its application?

Anyone can apply for a Nota Simple, as its content is in the public domain, and therefore any citizen can exercise their right to apply for it at the Land Registry. However, the only demand or requirement is that the applicant must provide a real and valid reason why they wish to obtain it.

It is also necessary that the applicant knows the name of the current owner or the exact address of the property in question. This is not a requirement as such, but it speeds up the process.

How to apply?

A nota simple can be applied for in person at the Land Registry or online. The easiest way is to make an electronic application. Here you can carry out all the procedures without having to go to the Registry. It is only necessary to fill in a simple form, and once the information is received, you will receive a document in your e-mail in a short period of time.

How long does it take for a simple note to arrive?

Delivery times generally range from 24 to 48 working hours. In cases of express delivery, it is possible to get it in less than 8 hours. The truth is that, going in person to the registry is the fastest way to obtain it.

How much does it cost?

The price may vary depending on the procedure that is carried out, however, applying in person is cheaper than doing it online; around 4 euros. If you apply online, the price can be around 10 euros.

If you need to know more about this document, or if you want to learn more about the steps prior to buying a property, the JJ Properties team is at your disposal to guide you and inform you of all the details. You can fill the contact form with your details and  your questions and we will be happy to assist you.