Escritura Pública vs Nota Simple: Which Spanish Document Means What

Feature	Escritura pública	Nota simple
What it is	Notarised deed proving ownership transfer	Land Registry extract showing current property status
When issued	On the day of the notary appointment	On request, updated within minutes
What it proves	Legal transfer between parties	Current owner + charges + encumbrances
Cost 2026	€600-€3,000 (scaled with price)	€9.02
Required for	Every property purchase/sale/mortgage	Every property purchase due diligence
Issued by	Notary (public official)	Land Registry (Registro de la Propiedad)
Retention	Notary protocol 25 years, then archive	Registry archive permanent

What the escritura pública actually is

The escritura pública (public deed) is the notarised legal document that transfers ownership. Signed at the notary on the day of purchase completion. Content:

• Identification of buyer and seller (passport / NIE)
• Full property description (address, cadastral reference, area, boundaries)
• Purchase price and payment method
• Terms of the transaction (any conditions, warranties, seller obligations)
• Notary certification confirming legal capacity of the parties and legality of the deed

After signing, the notary provides:

• Copia simple: immediate copy, for buyer's records, no legal signing weight.
• Copia autorizada: authorised copy for Land Registry filing, issued within 3-5 business days.

What the nota simple actually is

The nota simple is a Land Registry extract confirming the current legal status of a specific property. Includes:

• Current owner and ownership percentage (if joint ownership)
• Any mortgage encumbrance (bank name, amount outstanding)
• Any embargo (court order, tax debt lien)
• Any easement (right of way, view protection, community rules)
• Any usufruct or usage right (e.g. deceased spouse's usage right)
• Cadastral reference and registered area

The nota simple is NOT a title deed. It is a real-time status report. It answers: "as of today, who owns this and what encumbrances exist?"

When each is used

Nota simple: due diligence at reservation and pre-arras stage. Ordered by the buyer's lawyer 15-30 days before the notary appointment. Verifies the seller is the current owner, no undisclosed mortgages exist, no embargos, etc. Ordered a second time 3-7 days before the notary to catch any last-minute changes.

Escritura pública: at the notary appointment. Signed by buyer, seller and notary. Transfers ownership. Once signed and filed at Land Registry, the buyer becomes the registered owner.

The workflow

1. Buyer's lawyer orders nota simple #1 at reservation contract signing. Verifies the seller's ownership + no encumbrances beyond disclosed.
2. Deposit contract (arras) signed. Nota simple #1 is one of the documents reviewed.
3. Buyer's lawyer orders nota simple #2 3-7 days before the notary appointment. Confirms no new charges appeared.
4. Notary appointment: escritura pública signed by all parties. Immediate copia simple to buyer.
5. Copia autorizada issued within 3-5 days.
6. Copia autorizada filed at Land Registry. Buyer's ownership is legally registered within 30-90 days.

What if there's a discrepancy?

Nota simple shows different area than escritura describes. Adjustment via a subsanación deed at the notary, or a new cadastral verification (georreferencia). Costs €400-€900 to resolve.

Nota simple shows different owner than seller claims. Deed proceeds only if the discrepancy is resolved. Common cause: unregistered inheritance transfer between deceased and heir. Requires estate settlement before the seller can transfer.

Nota simple shows mortgage that seller says was repaid. Bank must issue a mortgage-cancellation certificate (certificado de cancelación) and file at Land Registry before the sale. Timeline 2-8 weeks depending on the bank.

Nota simple shows an embargo (tax debt or court order). Property cannot be transferred until the embargo is lifted. Requires payment to the creditor + court order lifting the lien. Timeline unpredictable.

Cost breakdown

Nota simple: €9.02 per issue (Ley Hipotecaria fee, unchanged since 2015). Your lawyer typically orders 2-3 during a purchase: at reservation, at arras, and immediately pre-notary. Total nota simple cost: €18-€28.

Escritura pública: notary fee €600-€3,000 depending on transaction value (see Spanish notary 2026 article for the tariff). Plus Land Registry inscription fee €400-€1,200 depending on value.

Practical implications for buyers

• Never skip the nota simple. It is the single cheapest and most protective document in the purchase.
• Order two: at arras and immediately pre-notary. The 7-day window between the second nota simple and the notary appointment is standard practice.
• Confirm your lawyer receives the copia autorizada of the escritura after the notary appointment. Without it, Land Registry cannot inscribe your ownership.
• Keep both documents. The nota simple is your record of what encumbrances existed at purchase; the copia autorizada is your title.

FAQ

Can I get a nota simple without a lawyer? Yes. Order directly from the Colegio de Registradores online. Fee €9.02.

Is a copia simple legally binding? Yes as proof of transaction but the copia autorizada is the version filed at Land Registry.

How long does Land Registry inscription take? 30-90 days after copia autorizada filing. Complex cases (challenged deeds, cadastral discrepancies) can take longer.

Do I need originals or are digital copies OK? Notaries issue digital copies (copia electrónica) since 2021. Both digital and paper are legally equivalent.

What is the difference between escritura pública and escritura privada? Escritura pública is notarised. Escritura privada is a private contract between parties without notary intervention (e.g. an arras contract). Only escritura pública transfers property ownership.

Next steps

For coordination of nota simple orders and notary appointment in your specific property purchase, contact Wesna. We work in English, Russian, Ukrainian and Spanish.

Related: Spanish notary 2026, Contrato de arras 2026, 12-step non-resident buying checklist.