What is it and how can I get it? Why is it important?
If you are going to buy a home or want to prepare the
sale of a flat of your property, one of the most relevant documents that you must obtain is the
nota simple from the property registry. In this post we will tell you what it consists of, what information it contains, how to request it and what it is for.
What is a simple note from the property registry?
A simple note is a
document issued by the property registry and which contains various data related to the legal status of the property. Therefore, it is an essential document in the sale of any property and provides legal certainty to the operation.
What is contained in a simple note from the property registry?
The simple note is divided into several sections and contains the following information:
– Registry of the property to which the farm belongs.
– Date and place of issuance of the simple note.
– Applicant details.
– Property registry data: IDUFIR (Unique Identification of Registry Property), property number, volume, book and folio.
– Description of the farm: location, plant, distribution, etc.
– Ownership and form of acquisition (deed of sale,
inheritance etc.).
– Property charges (mortgages, embargoes, easements, tax conditions, etc.).
What is a simple note from the property registry for?
The simple note has several uses in the case of a home sale. They are the following:
– It is used so that the buyer can
verify, before signing the contract of
earnest money or deed of sale,
ownership, surface area and property charges. For example, if the home has a mortgage, the seller may request that it be canceled before the sale so that the property is delivered free of charge.
– It is also used
when the buyer is going to apply for a mortgage and the bank needs to know the home and its state of charges.
– The
notary public who grants the deed of sale will also request an updated simple note on the day of the sale to verify that there are no entries or annotations that could have an effect on the transmission.
-Once the sale has been completed and the deed has been submitted to the property registry, the buyer may request a simple note to
verify the registration of the property in his favor.
How do I request a simple note in the land registry?
The simple note can be requested directly from the property registry through the College of Registrars website. These are the steps to follow:
– Access the registrars.org website.
– Press the “Online Registration” button.
– Next, click on the “Request” button in the “Nota simple” section.
– Another page will open where you will have four search options: by IDUFIR, by current owner, by other data or by registry data. If you only have the address of the farm, you will have to search for other data and fill in the location data.
– Next, you must indicate the applicant’s data and the reason for the request and click on “continue”.
– Finally, you must enter the billing and contact information of the applicant. Then, the payment method, accept the terms and verify the application data.
The cost of a simple note is 9.02 euros. The shipping time is usually between 24 and 48 hours, although it is common for it to be received immediately.
Another option is to physically go to the registry that corresponds to the farm and request the simple note. They may deliver it to you at the moment or it may take a few days.
There is also the possibility that if you hire a real estate agency to sell the apartment, this is the one that requests the simple note and the cost is included in the commission charged for the sale. In the market there are also other intermediaries that deal with the request for simple notes, but in this case you will have to add between 20 and 30 additional euros for the request.
How is a simple note different from a registry certification?
To know the legal situation of a home in the property registry, a simple note or a certification can be requested. The simple note is informative and provides information on current aspects of the property: the current owner and the rights and charges in force at the time the simple note is requested.
The registry certification is a public document signed by the registrar and attests to the content of the registry. It is used to accredit the content related to a property that appears in the registry and can refer to current ownership or old and existing or expired rights. This document serves as proof of rights against other natural or legal persons and can also be used as evidence before courts and public bodies.
Certification can also be requested in person or electronically.
What happens if the surface area of the house does not match in the cadastre and in the land registry?
It is quite common for the data on the area of a dwelling in the nota simple and in the cadastre to not coincide due to some error. To verify where the error is coming from, it is advisable to carry out a measurement of the home by an architect.
With the measurement carried out by the architect, we can make a request to the cadastre to update the information about the house, so that an updated descriptive and graphic cadastral certification can be requested that will be presented to the notary and later to the property registrar.
What can be done when a house is not registered in the Land Registry?
It is quite common that old homes are not registered in the property registry and, therefore, do not receive the protection that the registry provides, such as public faith. In these cases, the owners must initiate a domain file which is a procedure in which the owners of the property have the objective of achieving that they iRegister a home that was not previously registered in the property registry. In this way, the home reaches what is called immatriculation. Before the reform of the mortgage law, this was a judicial procedure, but later it has become a procedure that can be carried out directly before the notary.
To process the domain file, the following information must be obtained:
– Application letter.
– Detailed description of the farm (surface, characteristics, adjoining farms or easements).
– Photocopy of the DNI of the person requesting the registration.
– Property title. The best thing to do is to have a property title consisting of a public deed, for example, a will executed before a notary public. You can also provide private documents such as the sales contract or a holographic will.
– Descriptive and graphic cadastral certification. You can request it at the Electronic Office of the real estate cadastre.
– Cadastral ownership. It is important to report whether there are differences between the cadastral owners and the true owners of the property.
In the event that you have proposed to sell your home and need advice for the sale, you can count on the help of an expert real estate consultancy such as Proddigia, which will carry out all the steps so that the sale materializes as quickly as possible. as soon as possible and in the best conditions.
