Reading a nota simple and the Catastro record

Terms used

• Nota simple — The nota simple is an informational registry summary of a property's owner, description and registered charges.
• Catastro — The Catastro is Spain's property tax and description register, separate from the property registry.
• Referencia catastral — The referencia catastral is the 20-character code that identifies a property in the Catastro.
• Valor catastral — The valor catastral is the value the Catastro assigns to a property for tax purposes.
• Titular catastral — The titular catastral is the person the Catastro lists as holder of the property for tax purposes.
• Modelo 900D — The modelo 900D is the form an owner files with the Catastro to declare changes to areas, use or buildings.

Key rules

• Nota simple: It shows ownership, description and charges, but it does not prove the physical reality of the home.
• Catastro: It is a separate fiscal record, so it can differ from the registry and does not prove ownership.
• Registry protection: The registry protects legal rights if you buy in good faith and register, not area or boundaries.
• Fixing mismatches: Each mismatch has its own procedure, started by the owner, or by the buyer with the seller.

What a nota simple tells you and what it does not

A nota simple shows who legally owns the property, how the registry describes it, and what debts or limits are registered against it. It does not prove the home is physically as described. Area, boundaries and even whether a building exists are not guaranteed by the registry.

It is an information summary, not a certified document. It states the date up to which it is current, so check that date is recent.

What to look for in a nota simple

• Identification: the finca number, the registry, the municipality and the IDUFIR/CRU code.
• Description: type of property, address, built area, plot area, boundaries and, in an apartment block, the participation share in the community.
• Owner: the registered owner or owners, their ID, their share and the title by which they acquired it. Check that the seller matches.
• Charges: mortgages (with amount and bank), embargoes, easements, usufructs and other conditions or limits.
• Pending entries: annotations and entries waiting to be processed (asientos de presentación), and notes on tax liens. A pending entry can change the picture, so ask your lawyer or notary about any.

How far the registry protects you

If you buy in good faith from the registered owner, pay for the property and register your purchase, you are protected even if the seller's right is later annulled for a reason the registry did not show. The registry also presumes that registered rights exist and belong to the registered holder.

There are limits. You lose that protection if you knew of the defect. It does not cover some limits set by public law that are not registered. And it protects legal rights, not physical facts such as area or boundaries.

What the Catastro record is

The Catastro is a separate, fiscal record. It is run by the state cadastre office and used for tax. Its record gives:

• the 20-character referencia catastral
• address and use (residential, for example)
• built area and plot area
• year of construction
• the plan or parcel graphic
• the valor catastral
• the titular catastral, the holder for tax purposes

The titular catastral is not proof of ownership. Only the registry and the title deed do that.

You can get a free consulta descriptiva y gráfica from the Catastro's online office without logging in. A free certificado catastral descriptivo y gráfico needs a digital certificate, Cl@ve or another electronic ID. Certificates can also be requested at Catastro offices. The Basque Country and Navarre have their own regional cadastres, so check there if the property is in either.

Compare the two with the home

Put the nota simple, the Catastro record and the real home side by side. Compare the address, the built and plot areas, the use and the owner. Small differences are common. Large ones, such as an extension missing from one record, a different plot area or a different owner, need fixing before or as part of the purchase.

How mismatches are fixed

The two records are not linked automatically. Each is corrected through its own procedure, and the owner starts it, or the buyer together with the seller. Lawyers, gestores or architects usually prepare the files.

• Changes to areas, use, new buildings or ownership: the owner files a declaration of alteration (modelo 900D) with the Catastro within two months of the change. Omitting it carries penalties.
• Error in the Catastro's own data: ask the Catastro to correct it. It can also correct errors on its own initiative.
• Plot area wrong in the registry: the owner can use the registry's rectification procedure, through a notary deed or a registry file. Neighbours who share a boundary are notified.
• Aligning both records: the registrar can register the Catastro's georeferenced plan and use the cadastral certificate when it matches. Neighbours are notified, and when boundaries differ a procedure through a notary or the registrar applies.

The decision, timeline and documents below set these out step by step. Procedures and time limits are technical, so confirm them with the registrar, the Catastro or a lawyer before you commit to a purchase.

Choosing between options

How do you fix a mismatch between the nota simple and the Catastro record?

• File a declaration of alteration with the Catastro: The Catastro record is out of date on areas, use, new buildings or ownership.

• Ask the Catastro to correct its own data: The Catastro record contains an error. The Catastro can correct it on request.

• Use the registry's rectification procedure: The plot area in the registry is wrong. It is done by notary deed or registry file, with notice to neighbouring owners.

• Register the Catastro's georeferenced plan in the registry: The Catastro certificate matches the property. The registrar can register it, with notice to neighbours, and boundaries that differ go through a notary or the registrar.

Fix the Catastro record when the Catastro is wrong, and the registry when the registry is wrong. Either way, the owner starts it, or the buyer together with the seller.

Documents you need

• Nota simple from the property registry: shows the owner, the property description and the charges such as mortgages and embargoes, and the date it is up to date to. It is informational, not a certified document.

• Free Catastro consulta descriptiva y gráfica: shows the 20-character referencia catastral, address, use, areas, year of construction, plan and cadastral value. Get it from the Catastro's online office without logging in.

• Certificado catastral descriptivo y gráfico: a free certificate with the same data, from the Catastro's online office with a digital certificate, Cl@ve or other electronic ID, or at a Catastro office. Needed when a file or procedure asks for a certificate.

• Declaration of alteration (modelo 900D): filed by the owner with the Catastro to update areas, use, new buildings or ownership when they differ from the record.

What if the nota simple and Catastro don't match the home?

Can you fix it, or should you walk away?

Some mismatches can be fixed with a registry or Catastro procedure. Owner problems and unlicensed building should stop you from signing or paying a deposit until they are cleared.

Mismatches that can usually be fixed

Areas, use or new buildings differ on the Catastro. The owner files a declaration of alteration with the Catastro. It is due within two months of the change, and omitting it carries penalties. If the Catastro simply made an error, it can correct its own data on request.

The plot area or boundaries differ from the registry. The owner can correct the registry through a notary or the registrar. Neighbours who share a boundary are notified. If the cadastral map and the registry match, the registrar can also record the cadastral boundaries.

The seller starts these steps, or the buyer does with the seller's agreement. A lawyer, gestor or architect usually prepares the file. Ask the registrar, the Catastro or a lawyer which procedure fits your case.

Extensions, pools and terraces that are not registered

Anything built but not declared in the registry has no registry protection, and the seller cannot sell it with registry coverage. To register it, the seller needs:

• A notary deed.
• A licence or equivalent, plus an architect's certificate.
• For recent works, the 10-year building insurance and the energy certificate.

Older works can be registered with an architect's or town hall certificate showing they were finished long enough ago. The required number of years differs by region.

If the time limit for planning penalties has passed, the building can be registered but may be classed as "fuera de ordenación". That means no sanctions, but limits on future works.

If the time limit has not passed, an unlicensed build can face a demolition order. Unlicensed works can also make a mortgage harder to get and cause problems when you resell. Unregistered improvements can bring a higher IBI and Catastro fines.

You can negotiate the price down or require the seller to legalise the works before completion. Get local legal advice first, because the limits are set region by region.

Mismatches that should stop the purchase

The seller is not the registered owner. Do not sign or pay a deposit until the chain of ownership is clear. Buying from someone who is not the owner is risky.

• Unregistered inheritance: the heirs must first accept the estate and register it in their names. That means the will, death certificate, inheritance deed, and inheritance tax and plusvalía paid. The sale can then follow, even in the same notary session, as long as the registry order is respected. Foreign heirs may need legalised foreign documents.
• Co-owners: all of them must sign, or be validly represented by a power of attorney. One co-owner cannot sell the others' shares.
• Married sellers: the spouse's consent may be needed if it is the family home.

If the seller cannot prove ownership, delay the purchase or walk away.

Frequently asked questions

Does the registry guarantee the area and boundaries in a nota simple?

No, the registry does not guarantee the area, boundaries or existence of buildings shown in a nota simple. It protects legal rights, such as who owns the property, not physical facts. Check the real size and layout against the Catastro record and in person.

Who starts the process when the registry and Catastro disagree?

The owner starts it, or the buyer together with the seller. Lawyers, gestores or architects usually prepare the files. Where the plot area differs, the owner can use the registry's rectification procedure, which involves notifying neighbours.