A model house sits on the Spanish flag. Photo: Mehaniq / Shutterstock
When buying property in Spain, you are often told to “check the paperwork!” That is good advice, but the problem is that many people assume that one particular document, or one particular professional, gives them a complete guarantee that everything is in order.
It doesn’t.
Hopefully, if you are buying a property, you are taking proper professional advice and not relying entirely on Bob at the bar, who bought a house in Spain twenty years ago and has been giving property advice ever since.
That said, even those who are trying to do things properly can fall into some common traps…
Here are three of the misconceptions I come across most often:
Myth 1: “The Nota Simple is in order, so the property must be legal.”
A Nota Simple from the Land Registry is an extremely important document. It shows the registered description of the property, who owns it and whether there are registered mortgages, embargoes or other rights affecting it.
But it is not a planning certificate and it does not, by itself, confirm that every extension, swimming pool, garage or outbuilding has the necessary planning permission or lawful planning status.
Think of the Nota Simple as an informative summary of the property’s registered legal position.
Myth 2: “It appears on the Catastro, so it must be legal.”
Another common misconception. The Catastro is an administrative register which records the physical, economic and legal characteristics of property for cadastral purposes.
A construction appearing there does not prove that the Town Hall authorised it or that it complies with planning laws.
Myth 3: “We signed at the notary, so everything must be fine.”
The notary performs an essential role in a Spanish property sale. They verify the identity and capacity of the parties, review ownership and registered charges, check cadastral and certain tax-related information, and ensure that the deed complies with the legal requirements for the transaction.
But the notary does not physically inspect the property or certify that every structure on the land complies with planning law.
The reality is that no single document tells you everything about a Spanish property.
A safe purchase means comparing the Land Registry, Catastro, planning position and the physical reality of the property, and investigating any differences before you commit.
Buying property in Spain should be exciting, but excitement is exactly when people are most likely to overlook the boring bits. If the paperwork, the property and the planning position do not all tell the same story, find out why before you commit.
A few extra questions at the beginning can save a very expensive problem later.
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