Why Title Checks Matter
In Spain, what a seller tells you and what the Land Registry says can be two very different things. A proper title check prevents you from buying a property with hidden debts, disputed ownership or illegal modifications. This is not optional. It is essential.
The Nota Simple: Your Starting Point
The nota simple is an extract from the Registro de la Propiedad (Land Registry). It costs between €3 and €9 online and reveals:
- Ownership: Who legally owns the property and their share percentages.
- Description: Official boundaries, built area (metros construidos) and plot size.
- Charges: Mortgages, liens, embargos, or court orders registered against the property.
- Encumbrances: Rights of way, usufruct rights or other third-party claims.
You can request a nota simple online at registradores.org or in person at any Registro de la Propiedad office. Delivery takes 24 to 48 hours online.
What to Look For
Ownership matches
The seller's name on the nota simple must exactly match the person signing the contract. If the property is owned by a company, verify the company's legal representative. If multiple owners exist, all must agree to the sale.
Outstanding debts
Check for any registered mortgage (hipoteca). The seller must cancel this before or at completion. Also check for embargos from unpaid taxes, community fees or court judgments. These debts transfer to the new owner if not cleared.
Property description accuracy
Compare the built area on the nota simple with the catastral reference (Catastro). Discrepancies often indicate illegal extensions or conversions. A terrace enclosed into a room, a garage converted into a bedroom, or an extra floor not on the deed are common issues on the Costa del Sol.
Beyond the Nota Simple
A thorough title check also includes:
- Catastro check: The cadastral registry shows the physical reality of the property. Compare it with the Land Registry description.
- Town hall enquiry: Request a certificado de infracción urbanística to check for planning violations.
- Community of owners: Ask the community president or administrator for a certificate confirming no outstanding community debts.
- IBI receipts: Request the last four years of property tax (IBI) receipts to confirm the seller is up to date.
- Utility debts: Check electricity, water and gas accounts are paid and in the seller's name.
Common Title Problems
Issues that frequently appear in Spanish property transactions:
- Property still registered in a deceased person's name (inheritance not processed).
- Illegal extensions not reflected in the deed, creating a mismatch between physical and legal reality.
- Embargos from unpaid community fees or taxes.
- Properties built on rustic land without proper reclassification.
Cost of Getting It Wrong
Skipping title checks can cost you tens of thousands of euros. Hidden debts become your debts. Illegal structures may need to be demolished. Disputed ownership can lead to years of litigation. A €300 to €500 investment in professional due diligence is the best insurance you can buy. Use our free calculator to estimate your total costs and factor in proper legal checks.