Frequent Questions about the Spanish Land Registry

What is the content of a nota simple or a certification?

In general, both should contain the description of the property, the ownership and any encumbrances. The former is purely informative. The certification is the only means of reliably accrediting the content of the Register and, as it is a public document, it is signed by the Registrar.

Does the right lapse once registered?

No. Definitive registrations do not have a time limit. Once registered, the right lasts forever and does not need to be renewed.

What are the opening hours of the Land Registry?

The Spanish Land Register will be open to the public for all purposes, including the filing of documents, from Monday to Friday from nine o'clock to seventeen o'clock, except during the month of August and on 24 and 31 December when it will be open from nine o'clock to fourteen o'clock.

How much does it cost to register in the Spanish Land Registry?

It is not a fixed amount, the cost of registration will depend on the type and number of operations to be carried out, and the taxable value of the same. Registration fees are calculated in accordance with the rates approved by the Government and published in the Official State Gazette. Royal Decree 1427/89, of 17 November 1989, regulates the tariff for Property Registrars' fees (B.O.E. No. 285 of 28 November 1989).

How do you obtain publicity from the Spanish Land Registry?

There are two instruments of publicity: the nota simple and the certification. Requests for publicity can be made either in person at the Land Registry or via the website of the Association of Registrars.

Is it compulsory to register a property in the Spanish Land Registry?

No. Under Spanish law, registration is voluntary. But it is highly recommended.

Is the Land Registry in Spain public?

Yes, but only for those persons who have a legitimate interest in knowing the registry status of a property, an interest that will be assessed by the Land Registrar who, in each specific case, is responsible.

Do foreigners have any special regime for registering their rights in the Spanish Land Registry?

The legislation treats nationals and foreigners in the same way.

What is the purpose of the Land Registry in Spain?

The function of the Land Registry is to publicise the entries and annotations that are made in its books, favouring the security and protection of legal real estate transactions.

Why is it convenient to consult the status of the properties in the Spanish Land Registry?

Because through the publicity offered by the Register we will obtain guarantees regarding the legal-registry situation of the registered property, and the ownership and encumbrances that apply to it.

Can you tell me in a land registry in Spain who has rights over a property and whether it has mortgages, liens or other types of encumbrances?

Yes, by requesting publicity, either a simple note or certification. However, the Spanish Land Registry will only issue such publicity if the applicant justifies that he/she has a legitimate interest, an interest that must be assessed by the Registrar.

What is the risk if a property is not registered in the Land Registry in Spain?

The legitimising effects provided by registration will not be acquired.

What are the risks if you do not consult the Register?

If you are interested in buying a property, it is essential to obtain registry information, in order to be certain about who appears as the owner of the property or holder of rights, and about the possible encumbrances that may be on the property.

What is registered in the Land Registry in Spain?

Documents that refer to the acquisition of real estate, rights in rem over real estate such as mortgages or easements, and judicial or administrative decisions that may affect it, such as seizures.

What kind of documents can be entered in the Register?

In general, access is granted to public documents, both notarial and judicial as well as administrative, and only in cases provided for in the regulations in force, private documents may be accessed, such as, for example, distribution of mortgage liabilities among several properties, inheritance awards of sole heir, cancellation of usufruct, cancellation of resolutory condition...

What are the advantages of registering in the Land Registry in Spain?

Registration offers preventive legal security. Once registered, ownership and rights are under the protection of the courts and what is registered is deemed to be true.