Nota simple and arras: what to check before paying a deposit

What a nota simple is and what it doesn't guarantee

The nota simple informativa is issued by the Registro de la Propiedad office where the property is located. It shows the identification of the finca, the holders of registered rights (full ownership, mortgage, usufruct, etc.), the extent, nature and limits of those rights, and any prohibitions and restrictions affecting the right holders [1][2]. The Registradores state its value plainly: purely informative [2].

The Ley Hipotecaria says the registrador discloses the content of the entries in two ways: a nota simple informativa or a certificación. For each, the document states its legal value (article 222). And the freedom of a property from charges, or a charge on it, can be proven to the detriment of a third party only by a certificación (article 225) [3]. So a nota simple is good for deciding whether to go ahead with the deal, but it does not replace a certificación where a public document is needed.

Two limitations. First, the information is accurate at the time of issue, and the situation may have changed between issue and receipt [1]. Second, to get a nota simple you must state your interest in the request. The registrador assesses whether it is legitimate, and the titular can see who requested the information and why [2]. More on ordering: how to order a nota simple online; on the concept itself: what a nota simple is.

Price according to the service page: €9.02 per property, taxes not included; the page relies on a DGRN resolution, that is, the former name of the authority, so check the current amount when you order [2].

What to check in the nota simple before paying a deposit

The check is cheap and saves a lot: an outstanding mortgage or an attachment on the seller stays on the property until it is removed.

What the nota simple doesn't show

The extract does not show debts to the comunidad de propietarios or IBI debts: ask the seller and the building administrator. Nor does it show the actual situation of the property: whether it is let, whether anyone lives there. This matters because the buyer of a let flat takes over the landlord’s rights and obligations for the first five years of the lease (seven if the landlord is a legal entity), even if there is no entry in the registry (article 14 LAU). The tenant also has a right of first refusal: the seller must notify them of the price and terms, and the tenant has 30 calendar days for tanteo (article 25 LAU) [7].

Nor does it show anything about the Generalitat’s right of tanteo and retracto. Ley 11/2025 extended these cases to sales of homes in a stressed housing market area owned by a large corporate owner on the register, and to homes from administrative and court auctions [8]. Ask the notary about this.

The documents the seller must hand over to the buyer are listed separately: cédula de habitabilidad, energy performance certificate and label, plans, guarantee documents, and for new builds the ten-year insurance [9]. Ask for them before paying the deposit, not after.

Arras: what they are and what types exist

Arras is the amount the buyer hands to the seller when the preliminary contract is concluded. The law distinguishes what happens to it if someone withdraws. The general rule of the Código Civil (article 1454): if the parties agreed arras or señal, the contract can be terminated, with the buyer losing the arras and the seller returning them double [5]. In Catalonia, Libro VI Código civil de Cataluña (Ley 3/2017) applies separately, and its default rule is different [4].

Which law applies to a particular deal when there is a foreign element is for a lawyer to determine. But in a contract signed in Barcelona, the type of arras should be spelt out in words rather than left to the default. “Deposit” in the text without further detail can mean either of the two types.

Two more details. First, for real estate, penitenciales arras for a term of up to six months deposited with a notary can be entered in the Registro de la Propiedad, and the property is then charged with the obligation to return them; if someone withdraws, the notary releases the deposited amount to whoever it is due (article 621-8.3) [4]. Second, article 621-49 gives the buyer the right to withdraw from the deal if the contract provides for bank financing and the bank has refused in writing within the agreed period, provided the refusal was not caused by the buyer’s negligence; the seller then returns the price and the penitenciales [4]. This right applies “unless the parties have agreed otherwise”, so watch the wording.

How much is paid and what to put in the deposit contract

The law does not set the amount of arras. The Ajuntament de Barcelona says that around 10% of the price is usually paid; this is practice, not a legal rule [10]. The contract matters, so it needs: identification of the property and the parties, the price and how the balance is paid, the deadline for signing at the notary, the charges and their removal, the mortgage condition, the type of arras, the penalty amount, the split of costs, the account for payment and confirmation that the money was received.

Before you pay anything, the seller or agent must give you the identification of the home with its usable area, the total price with taxes stated, the terms of sale and the consequences of breach. A supporting document is needed for any amount paid towards the price [6]. Do not pay in cash: pay by transfer to the seller’s account, and state that account in the contract.

Checks before paying the deposit: steps

1. Ask the seller for the cédula de habitabilidad, the energy performance certificate and the latest IBI receipt [9].
2. Order a nota simple and check the owner, the property, the charges and the date of issue [1][2].
3. Ask about debts to the comunidad and, if the flat is let, about the lease (articles 14 and 25 LAU) [7].
4. Ask the notary about a possible Generalitat tanteo [8].
5. Agree the text of the deposit contract: type of arras, deadline, mortgage condition, removal of charges [4].
6. Pay by transfer from your own account and get a payment document [6].
7. Before the notary, order a new nota simple: the previous one reflects only the moment of issue [1].

Common mistakes

• They pay a “reservation” without a contract and without a payment document [6].
• They do not state the type of arras and assume that by default they will only lose the deposit. In Catalonia the default is confirmatory arras [4].
• They use a month-old nota simple for the deal. It shows only the moment of issue [1].
• They confuse the nota simple with the certificación. To prove something against third parties you need a certificación [3].
• They do not find out that the flat is let and later discover a tenant with rights (articles 14 and 25 LAU) [7].
• They do not include a mortgage condition. If the contract does not mention bank financing, the right to withdraw under article 621-49 does not arise, and if the bank refuses you risk your deposit [4].
• They pay in cash or into a third party’s account.

When you need an individual review

A review is needed if the seller is represented by a proxy or is a foreign national, if the property was inherited or is held in shares, if it carries a mortgage or embargo, if the flat is let, or if you are buying in a building under construction or under a preliminary contract with conditions. All of this depends on the case: a check by a lawyer and a gestor costs less than a lost deposit. See also the general procedure: buying property as a non-resident.

How we can help

The ReloVictory team in Barcelona reads the nota simple and the draft deposit contract together with you: it explains what is recorded in the registry, what questions to ask the seller and the notary, and which clauses of the contract are worth changing. The legal side is handled by the team’s lawyer. We do not promise the outcome of negotiations and do not stand in for the notary. You can book a consultation. Tax consequences of the deal: taxes on buying in Catalonia. Documents, translations and appointments with the authorities: document service. Buying property does not give you a residence permit; the general procedure is described in the section residence permit in Barcelona.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.