After a good viewing, you want to know what lies beneath the surface: a mortgage, arrears with the community of owners, a home that may not legally be lived in.
In Spain you answer that question with paperwork. Each document comes from a different body: the Land Registry (Registro de la Propiedad), the property register for tax purposes (Catastro), the town hall, the community of owners (comunidad de propietarios) or the regional government. No single document tells the whole story, but together they do.
The honest answer has two parts. Yes, a property can carry all sorts of burdens that you cannot see at a viewing. At the same time, much of it is on paper, and you can inspect that paper before you make an offer.
01Six documents at a glance
Before making an offer on a resale property in Spain, you request six documents, two of which you can get online yourself.
| Document | Where to get it | What to look for |
|---|---|---|
| Nota simple | Yourself, from the Registradores (€9.02 excl. taxes) | The owner is the seller; mortgages and attachments |
| Catastro details | Yourself and free of charge, Sede Electrónica del Catastro | Referencia catastral, m², year built, use |
| Latest IBI bill | Seller | Same referencia catastral; paid |
| Community debt certificate | Seller, via the secretary of the community | Arrears, special levies |
| Energy certificate | Seller; the rating appears in the advert | Registered, not expired |
| Habitability certificate | Seller; the form varies by region | Sufficient for this sale |
02Nota simple: who owns the property and what charges it carries
The nota simple shows who the owner is according to the Land Registry and which rights and charges affect the property.
It is a brief extract: the description of the property, the holders of rights such as ownership, a mortgage or usufruct, and any restrictions (Registradores). The charges (cargas) include mortgages and attachments (Bankinter). The nota is for information purposes only. You search for it yourself by registry number or by the owner's name or NIF (tax identification number) (Registradores). It costs €9.02 per finca (a property or plot with its own registry number), excluding taxes.
Red flags in the nota simple:
- An owner other than the seller. There may be an explanation, such as an inheritance that has not yet been registered. Have your lawyer establish who is entitled to sell. An unsettled inheritance is also one of the reasons a property stays on the market for a long time; see a property that has been for sale for a year.
- A mortgage. This is common; agree that it will be paid off and cancelled at the notary.
- An attachment (embargo), for example by the Spanish tax authority (Agencia Tributaria). Agree that it will be lifted at the notary at the latest.
- An entry about a planning procedure. In that case, first read our article on legally built villas.
03Catastro: what is there and where
The Catastro describes the property for tax purposes: location, floor area, year of construction and use, with the referencia catastral as the key.
The referencia catastral is the official identification number of a property and is twenty characters long (Catastro). Buyer and seller are obliged to give it to the notary before signing, or face a fine of €60 to €6,000. In the Sede Electrónica del Catastro you can see everything free of charge except the owner and the cadastral value (Catastro).
The Catastro is separate from the Land Registry and does not prove ownership (Catastro). The m² may differ. If they do, compare like with like: m² útil (inside the walls) or m² construida (including the walls). If a difference points to an extension, read our article on extensions and swimming pools.
Red flag: a use other than residential, or land classified as rústico (rural). Valencia City Council requires uso residencial (residential use) in the Catastro as a condition for the habitability certificate of an existing home (Ayuntamiento de València).
04Latest IBI bill: the annual cost and a check on the number
The latest IBI bill shows what you pay in property tax each year and confirms the referencia catastral.
IBI (Impuesto sobre Bienes Inmuebles) is the annual municipal tax on property. The latest receipt is one of the documents that proves the referencia catastral (Catastro). Put that number next to the Catastro and the nota simple, and you know that all three relate to the same property. Include the amount in your budget, alongside the one-off buying costs.
Red flag: no proof of payment, or a different number from the one in the Catastro. In that case, have your lawyer check with the town hall whether any bills are outstanding.
05Community debt certificate: arrears stay with the property
The community debt certificate (certificado de deuda) shows whether the seller owes any contributions, and without it the notary will in principle not execute the deed.
The rule is in article 9.1.e of the Ley de Propiedad Horizontal, the Spanish law on apartment ownership (Iberley). In the deed, the seller declares that they are up to date or states what they owe, backed by a certificate from the secretary of the community. The secretary issues it within seven calendar days at most. The seller can therefore request it before you even make an offer.
Arrears for the current year and the three previous calendar years remain attached to the property. As the new owner, you are liable for them, with the property itself as security.
Also ask for the minutes (actas) of the most recent meetings. They show whether any special levies (derramas) have been agreed. Put in writing who pays them.
Red flag: arrears, or a decision on a substantial special levy.
06Energy certificate: required, even in the advert
The energy certificate (certificado de eficiencia energética) shows the property's energy rating, and that rating should already appear in the advert.
This follows from Real Decreto 390/2021 (BOE). The label must appear in every advert for a sale or rental (art. 15.2 and 17.3). On a sale, a copy of the registered certificate is attached to the purchase contract (art. 17.2). It only becomes legally valid once it has been registered with the region (art. 6.6). It is valid for a maximum of ten years, or five years for a G rating (art. 13.1). It is not a building survey.
Red flag: an advert without an energy rating, or a certificate that has not been registered or has expired.
07Habitability certificate: a different document in each region
The habitability certificate shows that a property may be lived in, and which document that is varies by region.
It may be a licencia de primera ocupación (a municipal licence to occupy a new home) or a cédula de habitabilidad (a certificate that the home meets housing standards). In three of the four regions below it is now a declaración responsable: a declaration by the owner, which the town hall checks afterwards. For an older property, ask for the document that applied when it was completed.
| Region | What to request | What applies | Source |
|---|---|---|---|
| Andalusia (Costa del Sol) | Licencia de ocupación or, since the LISTA (Ley 7/2021), a declaración responsable | Applies to new builds with a licence and to existing buildings that conform to the zoning plan; opens the way to utility contracts | LISTA art. 138.1 (BOP Córdoba); regulations art. 293.e (Nerja) |
| Comunitat Valenciana (Costa Blanca, Costa de Valencia) | Declaración responsable de primera or segunda ocupación, with a certificate from a qualified technician | First occupied more than ten years ago? Then a sale or a new utility contract requires a new one; valid for ten years | Decreto 12/2021 art. 6.1 (València, INAP) |
| Región de Murcia (Costa Cálida) | Declaración responsable de primera or segunda ocupación | Gives the right to occupy from the moment it is submitted; the town hall checks afterwards | Ley 13/2015 art. 264 and 266 (Cartagena) |
| Catalonia (Costa Brava, Costa Dorada) | Cèdula d'habitabilitat | Required for sales, rentals and utility contracts; valid for 15 years; as a rule, the notary will not execute a transfer without a cèdula | Llei 18/2007 art. 26 and 132.a (EAPC); Gencat |
Two caveats keep this honest. Town halls set out the rules in their own forms, so check what your town hall requires. And a habitability certificate does not legalise any construction, as the Generalitat de Catalunya explicitly states about the cèdula (Gencat).
Red flag: no certificate, a certificate that does not match the property as it is now or, in Valencia and Catalonia, a certificate that is due for renewal.
08Order and tactics: everything before the reservation
First request what you can get yourself, then what comes through the seller, and make sure you have everything before you sign a reservation.
- Yourself, around the viewing: the nota simple and the Catastro. Check whether the energy rating is in the advert. What to check on the spot is in our viewing checklist.
- Through the seller: the IBI bill, energy certificate, habitability certificate, community debt certificate with minutes, and the title deed (escritura).
- Through your lawyer: outstanding tax bills, pending planning procedures and whether the habitability certificate is sufficient.
- Just before the reservation: a new nota simple, because the Registradores themselves describe it as a snapshot (Registradores blog). With the información continuada service (€12.03) you can follow the state of the register for a number of days (Registradores).
Before the reservation you can still walk away, adjust the price or set conditions. How to back up an offer is explained in offering below the asking price in Spain; if you need a mortgage, also read buying subject to financing. After that, money is at stake, and what you get back if a document proves unsatisfactory depends on the wording. We cover this in our article on reservations and deposits.
Frequently asked questions
Can I get a nota simple in English?
Yes. The Registradores offer an English translation for €30, excluding taxes (Registradores).
Do I also need these documents for a new build?
Partly. A property under construction has no IBI or community history yet; what matters there is the building licence and the protection of your deposits, see new builds and a bankrupt developer.
What if the seller has no habitability certificate?
That depends on the region and the cause. Have your lawyer check the licences and find out whether the seller can arrange the certificate before the notary appointment.
These documents are among the points we check with our lawyer on every purchase. Everything else that is involved is covered in the guide Buying a home in Spain. Have a property in mind? Book a no-obligation conversation and we will go through the paperwork together.
Sources
- Registradores: services and fees on the sede (nota simple €9.02, English translation €30, información continuada €12.03)
- Registradores: nota simple instructions (informative value, search by finca or owner)
- Registradores blog: the standard nota simple as a snapshot
- Bankinter: contents of a nota simple (charges such as mortgages and attachments)
- Catastro: the referencia catastral, the obligation at the notary and the fine
- Catastro: freely accessible and protected data
- Catastro: frequently asked questions (difference from the Land Registry)
- Iberley: art. 9 Ley de Propiedad Horizontal
- BOE: Real Decreto 390/2021 on energy certification
- Ayuntamiento de València: segunda y posteriores ocupaciones (Decreto 12/2021)
- INAP: Decreto 12/2021 on the declaración responsable in the Comunitat Valenciana
- BOP Córdoba: ordinance with forms under art. 138.1 LISTA (2022)
- Ayuntamiento de Nerja: declaración responsable for existing buildings (art. 293.e of the LISTA regulations)
- Ayuntamiento de Cartagena: declaración responsable segunda ocupación (Ley 13/2015)
- Generalitat de Catalunya: cèdula d'habitabilitat de segona ocupació
- EAPC (Generalitat de Catalunya): the cèdula d'habitabilitat in Llei 18/2007
Thijs Kranenborg
Thijs Kranenborg, Valencia consultant and co-founder. Thijs guides buyers from abroad on the Costa de Valencia and the Costa Blanca. He first puts the nota simple, the Catastro record and the IBI bill side by side, to establish that they all relate to the same property.