1.2 Quality
control when buying real estate in Spain
1.2.1 Introduction First we should like to stress that few Norwegians are in a position to assess the risks and potential problems linked to buying real estate in Spain. Investing in real estate often involves large sums of money, and you have to deal with a different legal system and laws and rules that are considerably different from those in Norway. Few people are also fluent in Spanish.
The quality control process.
The quality control process varies depending on whether you are buying offplan, a new apartment/house or a second-hand property. 1.2.1.1 Registration certificate (Nota Simple) / copy of title deed A Nota Simple is a registration certificate from the Land Registry. The certificate contains information about: 1. Who owns the property, including ownership stakes if there are multiple owners 2. A description of the property and details about its boundaries 3. Encumbrances on the property and their size. However, please note that not all encumbrances are listed on the Nota Simple, e.g. encumbrances such as unpaid property tax and communal charges, cf. below Other ownership limitations, such as any rights of use to the property, servitudes etc...
What is a Nota Simple?
A registration certificate should be obtained even before signing the reservation contract. That way you will know with certainty that the vendor holds the registered title. Please note that the solicitor carrying out the quality control will not inspect the property. The physical state and actual size of the property are therefore not inspected. We recommend that you instruct a surveyor to inspect the property. The surveyor will produce a report describing the condition of the property. This will also provide the buyer with the estimated floor space of the property. As mentioned, the solicitor will not look at the size of the house/apartment. He will only compare the previously registered title deeds with the details provided on the registration certificate (from the Land Registry).
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