The Property Registry (Registro de la Propiedad)
The Registro de la Propiedad certifies who owns each property in Spain. It's the only source of truth. What the seller says, what the estate agent says, what the bank says — none of it matters. What the Registry says matters.
The nota simple: the first thing to request
The nota simple is an extract from the Property Registry showing who owns the property, its legal description (surface area, location, cadastral reference), and any charges or encumbrances.
Request it before signing arras. You can get it online from the Property Registry's website for about 10 euros. It arrives within hours to a couple of days. The bank will also request one as part of their due diligence — Sabadell, for example, charges 25.41 euros for "registry verification" as a client expense. For a document that costs 10 euros at the source.
What to look for in the nota simple
Charges (cargas)
The most important section. Check for:
- Existing mortgages. It's common for the seller to have an outstanding mortgage. This isn't a problem — it gets cancelled on signing day using the sale proceeds. But make sure the seller's bank can issue the debt certificate (certificado de deuda) in time.
- Fiscal liens (afecciones fiscales). You'll see notes like "This property is subject for five years to potential transfer tax assessments." These are passive charges that expire automatically. They usually aren't a problem, but confirm the bank accepts them.
- Seizures or judicial liens. These are genuinely problematic. Do not sign arras without clarifying them first.
Surface area discrepancies
It's very common for the registered surface area (superficie registral) not to match the cadastral records or the actual property size. Typical reasons:
- Renovations that expanded the property but were never registered
- Errors in the original registration
- Older buildings where the original measurements were approximate
If the difference is less than 10%, it generally doesn't affect the mortgage. If it's larger, the bank may require regularization before approving the loan. This involves hiring a surveyor to document the actual surface area and submitting it to the Registry — a process that can take weeks.
New-build still showing "under construction"
For new-build properties (obra nueva), the nota simple may show "en construcción" (under construction) even when the building is finished. This happens when the developer hasn't registered the Acta Fin de Obra (completion certificate). Without this registration, the bank cannot grant you a mortgage. The developer must handle this before signing. It's their responsibility, not yours — but you're the one left without a mortgage if they don't do it.
Registration after purchase
After signing at the notary, the bank's management company (gestoría) takes the deeds to the Property Registry to register:
- The purchase — registering you as the new owner
- The mortgage — registered as a charge on the property
This process takes 2-6 weeks. In the meantime, you receive a copia simple on signing day that's sufficient for immediate tasks (switching utility accounts, council tax, etc.).
Mortgage cancellation at the registry
If you buy a property where the seller had a mortgage, that mortgage is legally cancelled on signing day. But the cancellation registral (removal from the Registry) takes about 3 more weeks. The seller's bank retains part of the sale proceeds until the cancellation is registered.
If you've finished paying your own mortgage and want to cancel it in the Registry, you need:
- Request a zero-debt certificate (certificado de deuda cero) from your bank
- An updated nota simple (less than 90 days old)
- Choose a notary for the cancellation deed
- Take the deed to the Registry
You can do this yourself or hire a gestoría for 300-600 euros. Doing it yourself costs only the notary and registry fees (about 200-400 euros total). The gestoría charges 300 euros extra for what is a bureaucratic formality.
Cadastral reference vs. registered property (finca registral)
These are different things. The cadastral reference comes from the Catastro (tax authority) and is used for property tax (IBI). The finca registral is from the Property Registry and is what certifies ownership. Sometimes they don't match — especially with parking spaces, where each space may have its own finca registral even though they share a cadastral reference.
Note: registry procedures and timelines may vary by province. This guide reflects real buyer experiences from online mortgage communities, 2024-2026.