Nota simple and arras: what to check before the task

What is nota simple and what it doesn't guarantee

The Nota simple informativa issues the Registro de la Propiedad branch at the site of the facility, identifying the finka, the holders of registered rights (full ownership, mortgages, mufruct, etc.), the scope, nature and limitations of these rights, and prohibitions and restrictions affecting the rights holders [1][2]The meaning of the document Registradores is clearly described: [2].

Ley Hipotecaria states that the record is shown by a registrador in two ways: nota simple informativa or certificación. For each method, the document indicates its legal meaning (art. 222). And only certificación can prove the freedom or encumbrance of real property to the detriment of a third person (art. 225) [3]Therefore, the note is suitable to decide whether to continue the transaction but not to replace certificación where a public document is needed.

Two limitations: first, the information is correct at the time of extradition, and the situation may have changed between the issuance and receipt of the document [1]Second: to get a nota simple, you need to specify the interest of the request. Registrador assesses its legality, and the titular can see who and why requested the information [2]I'll give you more details on the order: How to Order a Note online; the very notion: What is nota simple.

Price on the service page: 9.02 I per facility, taxes not included; page based on resolution DGRN, i.e. the previous agency name, so check the current amount when ordering [2].

What to Read in Note Simple Before a Deposit

The test is inexpensive and saves a lot: the mortgage outstanding or the seller's arrest remains at the site until it is removed.

What is not in the note

The statement does not show debts to comunidad de propietarios and IBI: they are asked by the seller and the administrator of the house; it does not include the actual position of the house: whether the object is delivered, whether there are people living in it; this is important because the buyer of the rented apartment takes over the rights and obligations of the lessor during the first five years of the contract (seven if the lessor is a legal person), even if there is no record in the register (article 14 LAU). In addition, the lessee has the right to the highest ransom: the seller must notify him of the price and conditions, the lessee has 30 calendar days on tanteo (article 25 LAU) [7].

Nor does it contain information on the Generalitat's right to tanteo and retracto. Ley 11/2025 expanded these cases to sell housing in a tense market area if it is owned by a major legal owner from the registry and to a housing from administrative and court auctions. [8]Ask the notary about it.

The documents that the seller is obliged to hand over to the buyer are listed separately: cédula de habitatidad, certificate and label of energy efficiency, plans, guarantee documents, 10-year insurance for new buildings [9]They should be asked before the deposit, not after.

Arras: What it is and what it is.

Arras is the sum that the buyer transfers to the seller when concluding the preliminary contract. The law distinguishes what happens to it when it refuses. The general rule of Códigio Civil (art. 1454): if the parties were arras or acégral, the contract can be avoided, the buyer loses the arras and the seller returns them in double value. [5]. In Catalonia, Libro VI Código civil de Cataluña (Ley 3/2017) operates separately, where the default rule is different. [4].

What law applies to a particular transaction if the parties have a foreign element defines a lawyer, but in a contract signed in Barcelona, the type of arras should be written in words rather than relying on the default value. "Backs" in the text without specification may mean either of the two types.

First, in real estate, penitentiales arras for up to six months deposited with a notary, you can enter the Registro de la Propiedad, and the object is then burdened with the obligation to return them; notaries, if refused, issue the deposit to the person to whom it is due (Article 621-8.3). [4]. Second: Article 621-49 gives the buyer the right to withdraw from the transaction if the contract provides for financing by the bank, and the bank within a specified period of time documentary refused, and the refusal is not caused by the negligence of the buyer; then the seller returns the price and penitenciales. [4]This right is valid "unless otherwise agreed by the parties", so follow the wording.

How much is paid and what is written in the deposit agreement

The law does not call the size of arras. Ajuntament de Barcelona writes that usually about 10% of the price is paid; it is a practice, not a rule of law. [10]The contract is important and therefore requires: identification of the object and parties, price and payment of the balance, time of signature from the notary, encumbrance and withdrawal, mortgage condition, type of arras, amount of fine, allocation of expenses, bill for payment and confirmation of receipt of money.

Before making any contribution, the seller or agent must inform you of the identification of the dwelling with the useful area, the total price, the taxes, the terms of sale and the consequences of the violation. [6]Pay not in cash, but in the seller's account, please specify this account in the contract.

Pre-deposit verification procedure: steps

1. Ask the seller for cédula de habitatidad, the energy efficiency certificate and the latest receipt from IBI [9].
2. Order a note simple and check the owner, object, encumbrance and date of issue [1][2].
3. Ask about debts to comunidad and, if the apartment is rented, about the lease agreement (articles 14 and 25 LAU) [7].
4. Ask the notary about a possible tanteo Generalitat. [8].
5. Agree with the contract with the deposit: type of arras, time, mortgage, removal of the encumbrances [4].
6. Pay the transfer from your account, get the payment document. [6].
7. Order a new note before the notary: the previous reflects only the moment of issue [1].

Typical Errors

• Insert "reserve" without contract and without payment document [6].
• They don't write the type of arras and they think that the default will lose only the deposit. [4].
• They take a note of a month ago for the transaction. [1].
• They mix nota simple and certificación. [3].
• They don't find out the apartment's been rented and then they find the tenant with the rights (arts. 14 and 25 LAU) [7].
• If the contract does not mention bank financing, the right to leave under article 621-49 does not arise and if the bank refuses, you risk a deposit [4].
• Paying in cash or in the account of a third person.

When Individual Review Is Needed

A dispute is necessary if the seller is represented by a trusted person or a foreigner, the object is inherited or in shares, is mortgaged or embargo if the apartment is rented, if you buy it in a building house or under a pre-contract with terms. The list depends on the case: the examination by a lawyer and a gestor is cheaper than the lost deposit. Non-resident property purchases.

What can we help you with?

The NEXO team in Barcelona reads notea simple and the draft treaty with deposit along with you, explaining that it's on the register, which questions the seller and notary should ask which points of the contract should be changed. The legal part is led by the team's lawyer. The result of the negotiations is not a promise, nor is the notary being replaced. for consultationIII. Tax consequences of a transaction: Catalonia buying taxesI. Documents, translations and records to: Document servicesThe purchase does not grant residence permits, the general procedure is described in the section Residence permit in Barcelona.

Frequent issues

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.