Key Takeaways
- A nota simple costs €9.02 + VAT and takes 24–48 hours online. Order from registradores.org — it’s the single most important document in your property due diligence.
- The catastro is a separate system from the Land Registry. The catastro (sedecatastro.gob.es) records physical characteristics for tax purposes; the Registro de la Propiedad records legal ownership and charges. They frequently disagree.
- Catastro/Registro mismatches are extremely common in older properties. A 200m² house on the nota simple that shows as 140m² on the catastro isn’t unusual — it usually means extensions were never declared.
- Red flags to watch for: embargos, multiple mortgages, fuera de ordenación annotations, owner name mismatches, and sizes that don’t match what you see on the ground.
- Always get both documents before making an offer. Together, the nota simple and catastro reference give you the full picture — legal status plus physical reality.
🌊 Get the WaypointSur Briefing
Free weekly intel for expats on the Costa del Sol. Deadlines, workarounds, and admin shortcuts only long-term residents know.
What Is a Nota Simple?
A nota simple informativa is an extract from Spain’s Land Registry (Registro de la Propiedad) that summarises a property’s legal status. It tells you who owns the property, what it is, and what charges or encumbrances sit against it.
It’s not the full registry entry — that’s the nota literal or certificación registral, which is more detailed and costs more. For due diligence purposes, the nota simple gives you everything you need to spot problems before committing to a purchase.
Your property lawyer will order one as standard practice during conveyancing. But there’s nothing stopping you from getting one yourself first — and I’d recommend it. €9 and 48 hours of patience could save you from a €300,000 mistake.
How to Get a Nota Simple
Online (Fastest)
- Go to registradores.org
- Navigate to “Nota Simple” under services
- You’ll need one of: the property’s referencia catastral, the finca registral number, or the full address
- Pay €9.02 + IVA (21%) = approximately €10.91 by card
- Receive the nota simple as a PDF within 24–48 hours (sometimes same day)
The interface is in Spanish. If your Spanish isn’t up to it, your lawyer or a gestoría can order it for you — though they’ll charge €30–€50 for the service on top of the registry fee.
In Person
Visit the relevant Registro de la Propiedad office during opening hours. On the Costa del Sol, the main offices are:
- Registro de la Propiedad de Málaga — Covers Málaga capital and eastern areas
- Registro de la Propiedad de Marbella — Covers Marbella, San Pedro de Alcántara, Ojén
- Registro de la Propiedad de Fuengirola — Covers Fuengirola, Mijas, Benalmádena
- Registro de la Propiedad de Estepona — Covers Estepona, Casares, Manilva
Bring the property address or catastral reference. You’ll receive the nota simple on the spot or within a few hours. Same cost: €9.02 + IVA.
How to Read a Nota Simple: Section by Section
A nota simple is structured in three main sections. Here’s what to look for in each:
Section 1: Descripción de la Finca (Property Description)
This section describes the physical property as recorded in the registry:
- Location and address
- Built area (superficie construida) in square metres
- Plot area (superficie de suelo) for houses/villas
- Property type — vivienda (dwelling), local (commercial), parcela (plot)
- Boundaries (linderos) — north, south, east, west
- Referencia catastral — the catastro reference number (20-character alphanumeric code)
- Finca registral number — the registry’s own reference
What to check: Does the described size match what you’ve seen? If the nota simple says 120m² built but the estate agent’s listing says 180m², someone extended the property without updating the registry. That’s a problem — and it’s incredibly common on the Costa del Sol.
Section 2: Titularidad (Ownership)
Shows who legally owns the property:
- Owner name(s) and NIE/DNI numbers
- Percentage of ownership — important for jointly owned properties
- How ownership was acquired — purchase (compraventa), inheritance (herencia), donation (donación)
- Date of acquisition
What to check: Does the person selling you the property actually own it? Sounds obvious, but inherited properties in Spain regularly have ownership issues — the deceased owner’s name may still be on the registry if the heirs never completed the aceptación de herencia. No one can legally sell you a property they don’t legally own, regardless of what the estate agent says.
Section 3: Cargas y Gravámenes (Charges and Encumbrances)
This is where problems live:
- Mortgages (hipotecas) — amount, lender, date
- Embargos (anotaciones de embargo) — court-ordered seizures for unpaid debts
- Easements (servidumbres) — rights of way, utility access
- Planning annotations — including fuera de ordenación (outside planning regulations)
- Tax liens — unpaid IBI or other charges
- Usufruct rights (usufructo) — someone has the right to use the property for life
What to check: An existing mortgage isn’t necessarily a problem — it gets cancelled at completion from the sale proceeds. But multiple mortgages, any embargo, or a fuera de ordenación annotation should trigger immediate conversation with your lawyer.
Red Flags on a Nota Simple
After reviewing hundreds of these during property searches on the Costa del Sol, these are the patterns that should make you pause:
Embargo (Court-Ordered Seizure)
An embargo means a creditor has obtained a court order against the property for unpaid debts. It could be unpaid taxes, community fees, or private debts. The property cannot be sold cleanly until the embargo is resolved. Walk away or negotiate a significant price reduction — and only proceed if your lawyer confirms the embargo will be cancelled at completion.
Multiple Mortgages
One mortgage is normal. Two or more suggest the owner has been using the property as collateral repeatedly, which often indicates financial distress. Combined with a below-market asking price, this is a sign the sale may be forced — not necessarily bad for you as a buyer, but your lawyer needs to verify all charges will be cleared.
Fuera de Ordenación Annotation
If the registry notes the property is fuera de ordenación (outside planning regulations), it means the building doesn’t comply with current planning rules. This could mean anything from minor zoning issues to the property being technically illegal. It significantly limits what you can do — no extensions, sometimes no major renovations. Check the DAFO/AFO status and understand exactly what restrictions apply before proceeding.
Size Mismatches
The nota simple says 150m². The estate agent says 220m². The catastro says 165m². Which is right? Usually none of them. The real answer requires an architect’s measurement. But the gap tells you that modifications happened without being registered — which means potential LPO issues, tax reassessment risk, and possible planning violations.
Owner Name Doesn’t Match Seller
If the person signing the contract isn’t the person on the nota simple, you need to understand why. Common legitimate reasons: recent inheritance (heirs selling before registry update), power of attorney, company ownership with a director signing. Your lawyer must verify the legal chain.
What Is the Catastro?
The catastro (Catastro Inmobiliario) is Spain’s tax-focused property registry, managed by the Ministry of Finance. While the Land Registry (Registro de la Propiedad) records legal ownership and charges, the catastro records the physical characteristics of every property in Spain for tax assessment purposes.
The catastro contains:
- Property location and boundaries (with mapping)
- Built area and plot area
- Construction year
- Property use (residential, commercial, agricultural)
- Catastral value (valor catastral) — the base figure used to calculate IBI property tax
- Referencia catastral — the unique 20-character identifier
The Referencia Catastral Format
Every property in Spain has a unique catastral reference following this format:
1234567AB1234C0001AB
The first 14 characters identify the plot; the remaining 6 identify the specific unit within that plot (for apartments/communal buildings). For single properties on their own plot, the last characters are typically 0001 followed by two check characters.
How to Check the Catastro
The catastro is free to search — no registration required.
- Go to sedecatastro.gob.es
- Click “Consulta de datos catastrales” → “Consulta libre”
- Search by province (Málaga), municipality, and address — or by referencia catastral if you have it
- You’ll see the property’s catastral record including a map overlay, areas, construction year, and catastral value
The satellite map view is particularly useful — it shows property boundaries overlaid on aerial imagery, so you can immediately see if the recorded boundaries match reality.
The Critical Mismatch: Catastro vs Land Registry
Here’s where due diligence gets interesting. The catastro and the Registro de la Propiedad are completely independent systems maintained by different government bodies. They should agree. They frequently don’t.
Common Mismatches
Size Differences
The built area on the nota simple says 180m². The catastro says 130m². This usually means 50m² of extensions or enclosed terraces were registered at the Land Registry (via a new deed) but never declared to the catastro — or vice versa. Both need updating, but neither is necessarily “wrong.”
Missing Buildings
The catastro shows a plot with one building. In reality (and sometimes on the nota simple), there’s a main house, a guest house, and a pool house. The additional structures were built without permits and never declared. For a finca in the countryside, this is almost the rule rather than the exception.
Boundary Discrepancies
The catastral map shows the plot extending to a certain line. The neighbour’s fence is 3 metres inside that line. Or the nota simple describes a 2,000m² plot while the catastro records 1,800m². Boundary disputes between neighbours are Spain’s second favourite sport after football.
Different Owners
The nota simple shows the correct current owner. The catastro still shows the previous owner — or even the owner from two sales ago. This happens because catastro ownership updates are triggered by tax declarations, which sometimes lag years behind actual transfers.
Why Mismatches Matter
- Tax liability: If the catastro underreports the built area, the IBI tax bill is too low. When the catastro eventually catches up (increasingly common as they use aerial surveys), you’ll face back-dated tax bills plus surcharges.
- Mortgage valuations: Banks value properties based on both registry and catastral data. Mismatches can result in a lower valuation — and therefore a smaller mortgage.
- Legalisation problems: Undeclared structures on the catastro may indicate planning violations. If a building doesn’t appear on the catastro, it almost certainly doesn’t have an LPO.
- Sale complications: Modern notaries increasingly check for catastro/registro alignment. Mismatches can delay or block a sale.
How to Fix Mismatches
Resolving discrepancies typically requires:
- An architect’s report (certificado técnico) measuring the actual property — €800–€2,000
- Catastro update: Submit a declaración catastral (Modelo 902) with the architect’s measurements to the Catastro office
- Registry update: A notary can update the registry description via a deed of actualización de descripción — requires the architect’s certificate and catastral alignment
- For missing buildings: The DAFO/AFO process may be needed if the structures lack building licences
This process can take 3–12 months and cost €2,000–€5,000+ depending on complexity. Ideally, make the seller do it before completion — or negotiate a price reduction to cover your costs.
Using Both Documents Together: A Due Diligence Checklist
Before making an offer on any Costa del Sol property, cross-reference the nota simple and catastro against each other and against what you see on the ground:
| Check | Nota Simple | Catastro | Reality |
|---|---|---|---|
| Built area (m²) | ✓ | ✓ | ✓ Measure or estimate |
| Plot size (m²) | ✓ | ✓ | ✓ Check boundaries |
| Number of buildings | ✓ | ✓ | ✓ Walk the property |
| Current owner | ✓ | ✓ | ✓ Matches seller? |
| Mortgages/charges | ✓ | — | — |
| Catastral value | — | ✓ | Check IBI receipt |
| Construction year | Sometimes | ✓ | Ask seller |
Any discrepancy between these three sources needs an explanation. Your property lawyer should investigate every one before you sign anything.
Practical Tips for Costa del Sol Buyers
- Order the nota simple yourself first. Don’t wait for your lawyer. €10.91 and 48 hours gives you critical information before you get emotionally attached to a property.
- Screenshot the catastro map. Overlay it mentally against what you see on Google Maps satellite view. If the property has structures that don’t appear on the catastro map, those are undeclared.
- Check the nota simple date. A nota simple is a snapshot in time. If it’s more than a month old, request a fresh one — charges can be added between your check and completion.
- Look at the acquisition date. If the current owner bought 20 years ago for €100,000 and is selling for €500,000, that’s normal appreciation. If they bought 6 months ago for €200,000 and want €400,000, investigate why (flip? problems discovered?).
- Confirm the finca registral number. Some properties — especially older ones or those with split titles — may have multiple finca numbers. A villa might have one finca for the house and another for the garage or garden. Your lawyer needs to verify all are included in the sale.
- Don’t confuse catastral value with market value. The valor catastral is always lower than market value — often dramatically so. A property worth €600,000 might have a catastral value of €200,000. This is normal and is the basis for your IBI calculation.
Frequently Asked Questions
Can anyone request a nota simple for any property?
Yes. The Land Registry is a public record. Anyone can request a nota simple for any property in Spain — you don’t need to be the owner, a buyer, or even a resident. All you need is enough information to identify the property (address, catastral reference, or finca number).
How current is a nota simple?
A nota simple reflects the registry’s status at the moment it’s issued. It’s valid as a snapshot, not a guarantee of future status. For a property purchase, your lawyer should obtain a fresh nota simple as close to the signing date as possible — ideally within the week before completion. Charges, embargos, or ownership changes can be registered at any time.
What if the catastro shows a different owner than the nota simple?
The nota simple (Land Registry) is the legally definitive record of ownership. The catastro often lags behind because ownership updates depend on tax declarations. If the Land Registry shows the correct seller and the catastro shows someone else, it’s usually just a delayed update — but your lawyer should confirm there’s no underlying issue.
How do I find a property’s referencia catastral?
Multiple sources: the nota simple includes it, the annual IBI tax receipt shows it, the escritura (title deed) lists it, or you can search by address on sedecatastro.gob.es. In a pinch, the estate agent should have it from the property listing documentation.
Is a nota simple the same as a title deed?
No. The escritura pública de compraventa (title deed) is the notarised purchase contract that proves you bought the property. The nota simple is an extract from the Land Registry that confirms the current legal status. Think of the escritura as your receipt and the nota simple as the registry’s independent confirmation of who owns what.
What does “libre de cargas” on a nota simple mean?
“Libre de cargas” means the property is free of charges — no mortgages, no embargos, no liens. This is the cleanest status you can hope for. If you see this, the property’s legal situation is straightforward. But still check everything else — a clean charges section doesn’t mean the sizes are correct or that all buildings are legal.
Related Guides
- DAFO & AFO in Andalucía: Legalising Rural and Unlicensed Properties
- Buying a Finca in Andalucía: Complete Guide
- Licencia de Primera Ocupación: Spain’s Habitation Certificate
- Buying Property in Spain: Complete Guide
- Property in Spain: Overview for Expats
- Finding a Property Lawyer in Spain
- Conveyancing in Spain: The Purchase Process
- Land Registry in Spain: How It Works
- IBI Property Tax in Spain
Related Guides
Frequently Asked Questions
Do I need a gestor for this process?
For most administrative procedures in Spain, a gestor simplifies the process significantly. They handle paperwork, book appointments, and know the practical requirements that websites often do not mention. Fees typically range from EUR 50-150 per procedure.
What documents do I need?
At minimum, you will need your NIE (or passport for initial procedures), proof of address (padron certificate or utility bill), and documentation specific to the procedure. Always bring originals and copies of everything.
How long does this process take?
Processing times vary by office and procedure. Simple administrative tasks take days to weeks. Residency, tax, and property matters can take weeks to months. Having all documentation correct from the start prevents delays.
Where can I get help in English?
English-speaking gestoria offices on the Costa del Sol handle most expat administrative needs. See our guide to English-speaking gestorias for recommendations. Many town halls in tourist areas also have some English-speaking staff.
Add WaypointSur as a preferred source in Google Search: