Investment approach
Registro de la Propiedad: what it protects and what to check
An entry in the registry protects a buyer in good faith, but not against everything. Which principles of the law work for the buyer, what to look for in a nota simple and where the registry is silent.
The Registro de la Propiedad (the Land Registry) is the public register of rights over real estate: who the owner is and what mortgages, attachments and easements there are. The main point for a buyer: someone who buys in good faith and for consideration from an owner recorded in the registry, and registers the purchase, keeps it even if the seller's right is later annulled for reasons that were not in the registry (art. 34 of the Ley Hipotecaria, the Mortgage Law). The registrar must make the entry within 15 days of the document being presented (art. 18).
The registry is run by registradores, lawyers in public service, and entries are made at the place where the property is: each property has its own page (finca registral), where transactions and charges are recorded in order.
What protection an entry in the registry gives
The registry works for the buyer through several principles of the law. They are worth knowing in order to understand what a nota simple protects against and what it does not.
| Principle | Article of the Ley Hipotecaria | What it means for the buyer |
|---|---|---|
| What is not registered does not harm a third party | Art. 32 | Rights that are not in the registry usually cannot be asserted against the buyer |
| Public faith of the registry (fe pública registral) | Art. 34 | A buyer in good faith and for consideration keeps the purchase after registering it |
| Presumption | Art. 38 | A registered right is presumed to exist and to belong to the holder |
| Priority | Art. 17 | After a document is presented, no other incompatible document will be registered for 60 days |
| Registration deadline | Art. 18 | No more than 15 days from presentation; if there is a delay, entry within 3 days can be demanded, and the fee is cut by 30% |
The protection of art. 34 does not extend to someone who received the property free of charge: an heir or donee is no better protected than the person from whom the right was received. This matters if you buy from an heir; the order of such a sale is covered in the article on selling an inherited flat. How long registration really takes and what delays it is described in the piece on registration timelines.
What to look for in a nota simple before the deposit
A nota simple is an informational extract of the entries on a property. The registrars themselves call it "puramente informativa" (Colegio de Registradores), and it is the certificación that has evidential force. How to order it is covered in the article on the nota simple.
- Owners and shares. Whether they match the people who will sign the contract. If there are several owners, all sign.
- Mortgages. The amount and the bank: the seller's mortgage is repaid and removed at completion, and this is recorded in the arras contract (the deposit contract).
- Attachments and claims. Anotaciones preventivas (preventive notes) of an attachment or a legal dispute need to be reviewed with an abogado (lawyer) before the deposit.
- Easements and usufructo (life interest). Who uses the property besides the owner, and how.
- Tax charge notes (afecciones). The property answers for tax on earlier transactions, and the buyer is not protected against that debt if the note is in the registry (art. 5 TRLITPAJD, the transfer tax law).
- Description. The floor area and layout are checked against the Catastro (the Cadastre) and the flat; the order is in the article on checking against the Catastro.
The extract is ordered shortly before the deposit and once more before signing the escritura (the notarial deed): an entry can appear on any day.
What the registry does not show
The registry reflects rights, not everything connected with the property. A nota simple usually does not show debts to the comunidad (owners' association) or for IBI (annual property tax), the legality of layout alterations, the existence of a cédula (habitability certificate) or the actual occupants.
A separate case: the tenant. The buyer of a flat with a tenant continues the contract during the first five years of its term, seven if the previous owner is a company, even if the buyer is protected under art. 34 of the Ley Hipotecaria (art. 14 LAU, the urban leases law). From 15 November 2026, under Real Decreto-ley 28/2026, the buyer also takes on the obligation to pay the tenant compensation if the buyer refuses to extend the contract. The Congreso has not yet validated this decree (as of 13 October 2026); check the current wording with an abogado.
Nota simple or certificación: which to choose
For an ordinary check before buying a flat a nota simple is enough. A certificación is needed when an entry has to be proved: in court, in a boundary dispute, with a complex chain of inheritances or old notes.
| Document | Force | When it is needed |
|---|---|---|
| Nota simple | Informational | A check before the deposit and before the escritura |
| Certificación registral | Certifies the content of the entries | A dispute, court, a complex history of the property |
Where a registry check is not enough
The registry does not replace a check on site and at the town hall. It will not show that a balcony has been enclosed without a licence, that people live in the flat without a contract, or that the building has debts to the comunidad: those are checked from the comunidad certificate, the town hall's documents and the viewing.
Nor does the registry protect a buyer who knew about the problem: good faith under art. 34 is presumed until it is proved that the buyer knew of the inaccuracy of the entry. If you learned something at the viewing or from correspondence, it has to be dealt with before the deal, not left to the registry. A full check of a property before purchase is part of the work of a property valuation.
Questions and answers
What is the Registro de la Propiedad in simple terms?
It is the public register of rights over real estate: who the owner is and which mortgages, attachments and easements are on the property. Its entries protect a buyer in good faith against rights that were not in the registry.
How does a nota simple differ from a certificación registral?
A nota simple is informational and suits a check before buying. A certificación certifies the content of the entries and is needed if an entry has to be proved.
How long is the wait for a purchase to be entered in the registry?
Under art. 18 of the Ley Hipotecaria the registrar makes the entry no later than 15 days from the presentation of the document. The period moves if the document has curable defects or another document on the same property was presented earlier.
Does the registry protect against a tenant who is not in it?
No. The buyer continues the residential lease during the first five years of its term, seven if the previous owner is a company, even if the contract is not recorded in the registry.
