Nota Simple
The first stage when buying a property in Spain is to establish that it has a registered title deed. An extract from the registered title deed of the property, the Nota Simple, is obtained from the local Land Registry office and this will confirm the ownership, location and size of the property and tell you if there are any charges or encumbrances on it.

If a Nota Simple is not available for a second-hand property then the property is not registered. It is important to check with your lawyer that it will be possible to register the property before handing any money over to the vendor. It is common for old village houses or country houses to be on the market without an escritura, as they will have been in the possession of the same family for some generations, and changed hands by inheritance, or with a private contract. This does not mean that the property cannot be registered. While your lawyer finds out if the property can be registered he will hold your 10% deposit in an escrow account, and this will be returned to you if the registration cannot take place.

Purchasing the property
Once you know that the property has a registered title deed, or will have one, you need to agree the sale price and establish terms for completion. This is when you will need to have your 10% deposit available.

Private Contract
The private contract is signed when you pay the 10% deposit to the vendor. This contract is a legal binding agreement between you and the vendor, and includes the names, nationalities, marital status and identity numbers of both parties, the property address and the agreed date of completion.

If you fail to complete the sale within the specified time you will lose your deposit; if the vendor defaults you may rescind the contract and claim damages of twice the amount of your deposit.

Your lawyer will now ensure that all legal requirements are met, that the property is registered in the vendor's name and that it free of any charges or encumbrances.

IBI Receipt
The receipt to show that the Real Estate Tax has been paid up-to-date is an important item. It shows the official assessed value of the property for tax purposes and confirms that the property exists and is registered for taxes, an important point if there is no registered deed for the property. The IBI receipt must be presented by the vendor when you sign the contract at the notary, as it displays the catastral reference number which is a required part of the documentation in property transactions.

Signing the deed of sale
On the day of completion of the sale your lawyer will go with you to the notary to sign the title deed, when you will make the final payment to the vendor and take possession of the property. The payment is usually made by bankers draft unless otherwise arranged, and if you are a non-resident buyer you must obtain a certificate from your Spanish bank to say that the amount to be paid has been converted from a foreign currency. A copy of this is attached to the title deed. Both parties are normally present when the deed is read, signed by buyer and vendor and witnessed by the notary, although you can give your representative in Spain general power of attorney to sign the contract on your behalf.

Registration
Once you have signed the deed of sale (escritura de compraventa) then the Notary will give you a certified copy (primera copia) of the deed once it is prepared. A notarised copy is lodged at the property registry office (registro de la propiedad) and you as the new owner will have your name entered on the registry deed. Registering ownership of a property is the most important act of buying property in Spain, as until the property is registered in your name, even after you sign the contract before the notary, charges can be registered against it without your knowledge. It is only when the escritura de compraventa is registered and becomes an escritura publica that you are the legal owner of the property.

The original title deed is always filed at the Notary, so you will receive an authorised copy. Unlike some systems of property registration, in Spain it is not the piece of paper itself which counts but it is the inscription in the Prioperty Registry Office (Registro de la Propiedad). If you lose your deed, you can always get another copy from the Notary.