BENIHOMES · COSTA BLANCA
Nota simple, deposit contract, deed and registry: what to check before buying
The short answer: before paying a deposit, identify the property and seller, obtain recent Land Registry information, check any registered charges and have the agreement reviewed. A registry extract, a deposit contract, the public deed and registration each serve a different purpose. Use this guide to frame questions; verify the documents for the particular home.
Four checks before paying a reservation deposit
| Document or step | What to check | When |
|---|---|---|
| Recent registry extract (nota simple) | Registered property, ownership, rights and charges | Before committing funds; refresh it if time passes |
| Property documents | Match the physical home, planning position, receipts and community matters | Before accepting contractual terms |
| Deposit or reservation agreement | Price, deadline, conditions, finance, charges and treatment of the deposit | Before signing or transferring money |
| Deed and registration | Final terms match the checks; then handle tax and registration | At completion and after signing |
Spain’s General State Administration advises buyers to check the legal status, owner and charges before purchase. An advert photograph, sales reference or verbal assurance is no substitute for that work.
What a nota simple tells you — and its limits
The Spanish Land Registrars’ property information can show the registered property, owners, rights and charges. Ask for a recent extract and compare the registered property with the home you inspected. If a mortgage, attachment, usufruct or mismatch appears, request documented clarification and record how it will be resolved in the agreement.
A nota simple is informative and reflects a particular date; a registry certificate has a different evidential status. Neither replaces a technical, cadastral or planning check. Request the relevant documents on community charges, local property tax (IBI), permits, area and physical condition separately. Use qualified professionals where findings are unclear.
Arras: a deposit agreement can bind you
An arras agreement is not a mandatory step in a purchase. The Spanish Notaries’ Council explains that a signed private agreement can nevertheless be valid and binding. Do not assume every deposit is automatically lost or repaid twice: the effect depends on the agreed type of arras and the actual wording. Check who receives the money, where it is held, what happens if finance fails or a charge emerges, the refund terms and the completion deadline.
If buying from abroad, establish the identity and authority of anyone signing for either party. Verify payment instructions independently before transferring funds and retain records. Seek advice before signing a document you do not understand. A notary can answer questions, while negotiating and assessing your individual risks may also call for independent legal advice.
Public deed and Land Registry
The purchase is formalised at the notary’s office. Review the final price, payment method, charges, keys, agreed inventory and outstanding conditions in good time. If a mortgage is involved, coordinate the additional information steps with your lender and notary.
After signing, deal with the applicable taxes and submit the deed for registration. The Land Registrars’ guide describes the deed, tax filing and registry presentation. Registration protects the acquisition against third parties; it is not the same as signing arras. For the wider process, read our foreign buyer’s guide and NIE guide. After completion, use our post-purchase checklist.
Frequently asked questions
Can I sign arras without a nota simple?
You may receive a proposal, but checking the registered owner, property and charges before paying or taking on obligations is prudent. If the documents are missing, do not assume the agreement protects you; have its conditions reviewed.
Does a nota simple guarantee that the home has no problems?
No. It reports registry information as at its issue date. It does not by itself certify the physical condition, planning compliance or every financial obligation. Cross-check the relevant property documents.
Is signing the deed the same as registering the purchase?
No. The deed is signed before a notary. The relevant taxes and documents are then presented to the Land Registry to register the acquisition.
Sources and review: Spanish General State Administration, College of Land Registrars and Spanish Notaries’ Council; checked on 31 October 2026. General information, not individual legal, technical or tax advice. Editorial photograph supplied by BeniHomes; it may not depict a home currently for sale.