Buying a property in Valencia, whether to live in, invest, or purchase a second home, involves complying with several legal steps specific to the Spanish system. During a real estate purchase in Spain, one of the most important documents is the nota simple.
Too often, buyers, especially international buyers, discover its importance when signing the deposit contract (contrato de arras) or just a few days before completion at the notary’s office. However, the nota simple should be reviewed much earlier.
This official document allows you to verify the real legal status of a property in Valencia and avoid any risks related to a mortgage, debt, or ownership issue.
Buying property in Valencia, requires checking the nota simple to legally secure your investment.
What is the nota simple in Spain?
The nota simple is an informative document issued by the Registro de la Propiedad, the official body responsible for registering property ownership in Spain.
It is an extract from the Land Registry and contains the essential legal information of the property:
Identity of the current owner(s)
Official description of the property
Registered surface area
Existing mortgages
Registered debts or charges
Possible embargoes
History of ownership transfers
It provides a legal snapshot of the property at a specific moment in time.
Why it is essential when buying property in Valencia?
When purchasing property in Valencia, the nota simple allows you to:
Verify that the seller is the legal owner
Confirm that the property can legally be sold
Identify a mortgage that must be repaid on completion
Detect any legal procedures or limitations
Without this document, the buyer is exposed to significant legal and financial risks.
In the Spanish real estate system, transaction security relies largely on the information recorded in the Land Registry.
When should you request it?
Ideally, the nota simple should be requested before signing anything, including:
Before a reservation contract
Before signing the deposit contract (contrato de arras)
Before the final signing at the notary
Some real estate agencies in Valencia may already have a nota simple available. However, it must be recent (less than three months old).
It can also be requested online directly from the Registry for approximately €10–20. The document is usually issued within 24 to 72 hours.
Requesting an updated nota simple allows you to know the exact outstanding mortgage balance at the time of consultation.
Land Registry vs Cadastre: what is the difference?
When buying property in Spain, it is important to distinguish between two concepts:
Land Registry (Registro de la Propiedad)
- It has legal value.
- Banks and notaries rely exclusively on the information recorded there.
Cadastre
- It has an administrative and tax function.
- It is mainly used for urban planning and tax purposes.
- It is common for the surface area recorded in the Cadastre to differ from the one registered in the Land Registry. Only the surface registered in the Land Registry has legal value in a sale.
To secure a property purchase in Valencia, the Land Registry always prevails.
A key document for preparing the deposit contract
The nota simple plays a crucial role in preparing the deposit contract (contrato de arras).
It allows you to anticipate:
Repayment of an existing mortgage
An unresolved inheritance situation
Joint ownership between several parties
Usufruct or bare ownership
A registered charge
These elements directly influence the drafting of the contract and the sale conditions.
Who verifies the nota simple?
Although the nota simple is publicly accessible, its analysis must be thorough.
It is generally reviewed by:
The real estate agency
A lawyer specialised in property law
The notary
In Spain, the notary will systematically request a new nota simple a few days before completion to ensure that no new entries have been recorded.
Why is it particularly important for international buyers?
For foreign buyers wishing to purchase property in Valencia, the nota simple is even more important.
The Spanish legal system differs from that of many European countries.
Legal terminology can be complex.
Concepts such as usufruct, joint ownership or registered charges may require professional guidance.
Carefully reviewing and analysing the nota simple helps avoid mistakes and fully secure a real estate investment in Spain.
Conclusion
The nota simple is the most important legal document when buying property in Spain.
Before signing a deposit contract or paying a deposit for a property in Valencia, it is essential to verify the information recorded in the Land Registry.
Understanding its content and purpose allows you to buy safely and avoid unpleasant surprises at completion.