How to check a property in Spain before buying?

A nota simple is an informational document from the Registro de la Propiedad that lets you check the basic details of a property. Registradores explain that the nota simple and a registry certification are different documents, but the nota simple is one of the most commonly used sources of information when analysing a property.

In a nota simple you can check, among other things:

• who is listed as the owner
• the description of the property
• whether any mortgages are registered
• whether there are embargoes or other charges
• whether there are any legal restrictions

A very important step is to compare the data from the Catastro and the Registro de la Propiedad. The Catastro and the Registro are not the same thing. The Catastro deals with the property as an object and its administrative description, while the Registro deals with the rights to the property.

The Catastro stresses that coordination between the Catastro and the Registro increases legal certainty, because once the cadastral graphic representation has been incorporated into a registered property, the data on the location, boundaries and area of that representation is presumed to be true.

When verifying a property, it is worth checking whether:

• the floor area given in the listing matches the documents
• the boundaries of the property are correctly described
• the property is coordinated with the Catastro
• there is no ambiguity in the description of the unit or plot

The Catastro explains that the information provided by the Registro de la Propiedad indicates whether a given property is coordinated with the Catastro and since when. This coordination is specifically intended to increase the security of property transactions.

This is particularly important for houses, plots and properties that may have been extended or altered.

Before buying, it is worth checking not only the register itself, but also the documentation relating to the property. Depending on the type of property and the transaction, this may include:

• the nota simple
• the data from the Catastro
• the owner's identity document
• documentation relating to any alterations
• information about fees and the state of payments
• the energy performance certificate

Beyond the documents, it is also worth paying attention to practical matters:

• whether the property has any visible discrepancies compared with the description
• whether the seller is pushing you to sign the reservation too quickly
• whether the price seems suspiciously low without explanation
• whether all arrangements are confirmed in writing

The safest model is one in which the property is checked not only "by eye", but also formally. That is why it is worth carrying out a purchase in Spain with the help of a trusted estate agency and a lawyer who can analyse the documents, the legal status and any risks.

At Tripinvest ES we work with English-speaking lawyers who can guide the client through all the most important formalities involved in buying a property in Spain. This makes the whole process simpler, more transparent and safer for the buyer - from checking the documents, through verifying the legal status, to completing the purchase.