What to ask your lawyer before you sign, part of a six-part series on the new-build purchase contract in Spain.
Why the land registry is the real proof
In Spain the Registro de la Propiedad is not updated automatically by an administrative act. As long as the Obra Nueva declaration is not recorded, your house does not legally exist on the plot.
What belongs in the Nota Simple
- The current description of the plot and the buildings on it.
- The recorded Obra Nueva, ideally with a reference to the building licence and the final acceptance.
- Any charges, mortgages, rights of way and preliminary entries.
- The recorded floor area in square metres, split into living, ancillary and plot area.
Why the floor area is not a detail
The area recorded in the land registry drives cadastral values, property tax, running costs and, in case of doubt, a later resale negotiation. Deviations mean supplementary declarations, fines or a legalisation with an uncertain outcome.
The questions that belong on the table
- When is the Obra Nueva recorded in the land registry and who pays for it?
- Is the notarial deed tied step by step to the Obra Nueva entry, or are they handled separately?
- How are deviations between building application, execution and land registry treated?
- Who is liable for legalisation or supplementary costs if area deviations surface later?
What you can check yourself
A current Nota Simple and a cadastral extract cost only a few euros. Before you make a payment, your lawyer should match both against the contract and the construction plans.
Written by Valentin Quiroga, lawyer specialising in real estate law on Mallorca. This article does not replace individual legal advice.
The registry proves the substance.
If you have a new-build contract in front of you right now, we walk through it with you in calm and detail. We connect you with Valentin Quiroga, our specialist in real estate law, and stay by your side if you want us to.
