Nota simple for a Spanish new-build: what does it show, and what else should you request?

A nota simple is an informational extract from Spain’s Land Registry: it helps check the property’s identity, registered rights holders and recorded charges and restrictions. When buying a new-build, first establish whether the document concerns the land or the selected apartment, and how it connects to the offer described in the contract.

An attractive development name in Estepona, Mijas or Casares is not a registry identifier. The legal descriptions of the apartment, parking and storage must also be matched to the sales documents. This guide provides questions for preparing a Costa del Sol new-build purchase; entrust the legal assessment of the actual documents to an independent Spanish lawyer.

What does a nota simple contain?

According to the Colegio de Registradores’ official portal, the extract identifies the registered property, the holders of registered rights and those rights’ nature, extent and limitations. A finca registral is the property unit in the register; the CRU, formerly called IDUFIR, is its unique registry identifier. Source: Registradores, Land Registry information.

Look for three parts: descripción for the property description, titularidad for registered rights, and cargas for charges. Exact wording matters: ownership, usufruct and a mortgage are different rights. Seeing a familiar company name alone does not establish the legal basis for the sale or whom its representative is acting for.

A nota simple is informational. A certificación formally certifying registry contents is a different document type. Clarify with the professional handling the transaction which is needed; do not treat the extract as a certificate replacing every other check. Source: Registradores, nota simple and certificaciones.

With a new-build, check the link between the land and apartment

If the extract provided still describes the entire plot, do not automatically read it as containing every detail of your selected apartment. Request an explanation of the development’s registry status, the legal creation of the building and units, and when and through which document your chosen unit can be separately identified.

Spain’s public administration portal separately lists the developer company, its representative, the land’s position and the municipal building licence among pre-contract checks for an off-plan purchase. Keep these as separate checks. Source: Spanish government purchase guidance, updated 30 March 2026.

In Andalusia, the DIA information document for a planned home or one under construction must identify the developer’s legal right over the land authorising construction, together with the plot’s charges and easements. Have the extract reviewed alongside this information and the contract documents. Source: Junta de Andalucía, Decree 218/2005, Article 6(k).

Five cross-checks before accepting that the extract matches your offer

Do not dismiss a floor-area discrepancy simply because Spain measures differently. Request a written reconciliation establishing whether you are looking at the same unit and area definition. The guide to usable and built floor areas in Spanish apartments helps organise the measurements.

A recorded mortgage requires further clarification

If the extract shows a developer’s or previous mortgage, ask how it will be dealt with for the property you are buying. Spanish government guidance explains that a buyer is not obliged to take over the seller’s or developer’s existing loan; taking it over is a separate decision. Source: Spain’s public administration portal, mortgages and property purchases.

A useful answer for the buyer should be specific: which entry will be dealt with, what document will be produced, what happens at signing, and who checks the outcome? Connect fulfilment of the contractual undertaking to clear charges with the transaction prepared by the lawyer and notary. Do not treat a brief sales assurance as proof that the check has been completed.

Advance-payment protection is a separate issue. Identifying the plot or explaining a mortgage does not replace checking the guarantee document for a payment. Use the checklist for bank guarantees and new-build advance-payment protection for that task.

Catastro and Registro: two separate registers

The Catastro is an administrative register under the Ministry of Finance. The referencia catastral is the cadastral identifier, which helps locate a property on cadastral mapping. The CRU and referencia catastral are different identifiers: a cadastral search result alone does not replace examining the Registro de la Propiedad. Source: Catastro, official frequently asked questions.

Keep separate fields for the registry and cadastral identifiers on your own property sheet. If the address, area or mapped position differs, request written clarification of the reason and any action required. Do not automatically infer illegality from a difference, but do not leave it unexplained either.

Which documents should you request separately?

Request a separate community certificate concerning the state of community-fee debts. Article 9 of Spain’s Horizontal Property Act separately regulates the seller’s debt declaration and community certificate, allowing an express waiver by the buyer. Discuss the consequences of a waiver with your lawyer before signing. Source: BOE, Horizontal Property Act, Article 9.

The guide to checking comunidad charges provides further ownership-budget checks. Have the IBI local tax position, permissions, energy documents and physical condition checked through their own supporting documents too. Do not infer general permission for tourist letting from a registry extract.

Illustrative case: the same apartment, but which parking space?

Suppose an invented offer includes apartment B–14 and parking space G–27. The extract supplied refers only to the plot, while one version of the plan labels the parking space G–72. This is a document-matching exercise, not an actual client or development example.

Prepare three questions: which property does the extract concern; which parking space is included; and which corrected, mutually consistent documents will you receive? The answer “parking is included” does not reconcile two different labels. The aim is for the offer, plan and contract to describe the same package being purchased.

When should the information be checked again?

Record the document’s issue date and the date of the check. An earlier extract does not automatically reveal subsequent changes. The lawyer should time fresh checks around the contract, construction stage and notarial signing; do not assume one universal validity period for every situation.

When preparing for completion, keep the new-build property handover checklist alongside the registry reconciliation. Both the legal documents and the property actually delivered can then have an assigned reviewer and deadline.

Takeaway: expect three results from the check

A property identity matched to the offer, an understandable explanation of registered rights and charges, and a list of separately required documents and actions. If any is missing, keep the check open. The official sources linked here were checked on 18 October 2026.

If you are seeking a Costa del Sol new-build, mention the development you are considering, your purchase stage and the documents you have received in your Hungarian-language consultation with SpainProperty, alongside location and budget. Preparation of the next steps can then start from the actual offer.