Title Deed & Nota Simple in Spain Explained

If you are buying a new-build on the Costa del Sol, two documents prove the home is really yours: the title deed and the nota simple. This guide explains what each one is, how they differ, and why they matter. It is written for foreign buyers who want to know their money is safe.

Quick summary

• The escritura is your title deed, signed at the notary, that makes you the owner.
• The nota simple is a cheap registry extract you read before buying.
• Read the nota simple to decide, sign the escritura to buy.
• Always get a fresh nota simple from the registry, never just the seller's copy.

The short version

The escritura is your title deed. It is the document, signed in front of a notary, that transfers ownership to you. The nota simple is a short extract from the Land Registry that shows who owns a property and whether it has any debts. One is your proof of ownership. The other is your check before you buy.

Think of it this way. The nota simple is the report you read before signing. The escritura is what you sign. Then the registry updates to show your name.

What is the escritura (title deed)?

The escritura (full name escritura pública de compraventa, the public deed of sale) is the official legal document that transfers a property from the seller to you. It is signed in front of a notary (notario - a neutral public official). Once signed, ownership passes to you.

Because a notary authorises it, the escritura is a public document. It carries strong legal weight, far more than a private contract. It is the cornerstone of owning property in Spain.

Your escritura contains:

• Full names and ID numbers of buyer and seller (your NIE for foreign buyers).
• A detailed description of the property: address, size, boundaries, garage, storage.
• The Land Registry details and the cadastral reference (referencia catastral).
• The price and how it was paid.
• Any mortgage or charge on the property.
• The taxes due and who pays them, plus the date you take possession.

After signing, the deed is sent to the Land Registry (Registro de la Propiedad - the official record of property ownership) to record you as the new owner. This final step is what fully protects your ownership against any third-party claim.

What is the nota simple?

A nota simple (full name nota simple registral - the official land registry extract) is an official extract from the Land Registry. It is a short, plain summary of a property's legal status. It is cheap, fast, and the most important document you read before you buy.

A nota simple tells you four key things.

• Who owns it. The registered owner's name and share. This confirms the seller can actually sell.
• What debts it has. Mortgages, embargoes (legal seizures), or other charges.
• What restrictions apply. Rights of way, usufructs, or special limits.
• What is in progress. Any pending changes, like a new mortgage being registered.

It is not a title deed and it is not legal proof of ownership in court. Only a full certificación registral (a certified registry statement) does that. But for checking a property before you buy, the nota simple is exactly what you need.

Title deed vs nota simple: the difference

Here are the two documents side by side.

Escritura (title deed)

• What it is: the deed that transfers ownership.
• Signed by: a notary.
• Purpose: proof you own the home.
• When you use it: at and after the signing.
• Legal weight: full legal proof.
• Cost: part of completion costs.

Nota simple

• What it is: a summary extract from the registry.
• Signed by: no one; it is a report.
• Purpose: check the property before buying.
• When you use it: before you pay anything.
• Legal weight: informative only.
• Cost: a few euros.

In one line: you read the nota simple to decide, you sign the escritura to buy, and the registry then shows your name.

The Land Registry vs the Cadastre

Foreign buyers often confuse these two systems. They are different, and you need both to agree.

Land Registry (Registro de la Propiedad)

Records legal ownership, debts, and rights. The nota simple comes from here. This is the legal record.

Cadastre (Catastro)

Records the physical property for tax purposes: size, boundaries, location, and value. The cadastral reference comes from here.

A good lawyer checks that both records match each other and match the real property. If the registry says one size and the cadastre says another, that is a problem to solve before you buy, not after.

How to get a nota simple (cost and time)

Anyone with a genuine reason can request a nota simple. As a buyer, you qualify. You do not have to be the owner.

There are two official ways. Avoid private "fast" websites that charge far more for the same document.

• Online (registradores.org): around 9 euros + VAT. Usually within 2 hours, max 48 hours.
• In person at the local registry: around 3,64 euros + VAT. Immediate or a few hours.
• Private third-party sites: 20 to 30 euros or more. Varies, often slower. Avoid these.

To request one, you give at least one of these: the registry (finca) number, the exact address, the owner's name and ID, or the cadastral reference.

Bonus tip: Get a fresh nota simple twice. Once at the start, when you first like a property. Then again just before signing the deed. This catches any last-minute change, such as a new mortgage or charge registered in the final weeks.

What the nota simple reveals about risk

This is where the nota simple protects your money. It exposes the exact problems that cost foreign buyers dearly.

• Hidden debts. A mortgage or embargo on the property. In Spain, some debts follow the property, not the seller. The nota simple shows them so you do not inherit them.
• The wrong seller. If the person selling is not the registered owner, stop. The nota simple confirms who can legally sell.
• Charges and restrictions. Rights of way or other limits that affect how you can use the home.
• For new-builds. As construction finishes, the developer registers each unit. Your lawyer checks the new unit is correctly created and free of charges before you complete.

Let us use a real example. You agree to buy a new-build apartment for 500.000 euros. The nota simple shows a 130.000 euros mortgage still registered against the unit from the developer's construction loan. That is normal at this stage. But it must be cancelled or paid off before you complete, so you do not take on the debt. Your lawyer makes sure of this. Without the nota simple, you would never have seen it.

Warning: Never rely on a nota simple handed to you by the seller or agent. It may be old or edited. Always have your own independent lawyer pull a fresh one straight from the registry.

The deed signing day, step by step

Here is what completion looks like when you sign the escritura.

1. Final checks. Your lawyer pulls a last nota simple to confirm nothing changed.
2. At the notary. Buyer and seller (or their representatives) attend. If you cannot travel, your lawyer signs for you with a Power of Attorney (poder notarial).
3. Reading and signing. The notary reads the key terms and confirms everyone understands. You sign the escritura.
4. Payment and keys. You pay the balance. You get the keys and an authorised copy of the deed (copia autorizada).
5. Taxes and registration. Your lawyer pays the taxes and lodges the deed at the Land Registry. Weeks later, the registry shows you as owner.

The notary keeps the original deed forever in their archive (the protocolo). You keep your authorised copy. The registry holds the official record of your ownership.

What if I lose my title deed?

Do not panic. Your ownership is safe because it is recorded at the Land Registry. You can always get a new copy.

• Ask the notary for a new copy. Ask the notary who signed the original for a new authorised copy (copia autorizada). You will show ID and pay a fee.
• Ask the registry for a certificate. Ask the Land Registry for a certificación registral to confirm your ownership and the property's status.

Your lawyer can do both for you, which is useful if you live abroad.

This whole process is one reason a native-language team matters so much. At Spain Developments, we work with independent Spanish lawyers, never the developer's lawyer, who read the nota simple, check the registry against the cadastre, and confirm the deed is clean before you sign. As a developer-paid buyer's agent, our job is to make sure the home you pay for is legally, fully yours.

The bottom line

The nota simple is your check before buying. It shows who owns the property and whether it carries debts. The escritura is your title deed, signed at the notary, that makes you the owner. Together they protect your purchase from hidden problems.

Always get a fresh nota simple from the registry, never just the seller's copy, and have an independent lawyer review it. If you are buying a new-build on the Costa del Sol, Spain Developments can arrange exactly that, so your ownership is clean and secure.