A «charge» (carga) is any debt or third-party right attached to a property which, in many cases, stays with the home even when it changes hands. Buy a home with a seizure or unpaid community fees without knowing and you may end up paying them. This guide explains the usual charges in Spain, where each one is checked, and what doesn't appear in any register.

In one sentence: the Land Registry extract (nota simple) shows registered charges (mortgages, seizures, easements); community and property tax (IBI) debts must be requested separately, from the building administrator and the town hall.

The most common charges

  • Mortgage: normally the seller pays it off with the sale money at signing. What matters is that it's recorded as cancelled afterwards.
  • Seizures and preventive annotations: debts with the tax office, Social Security, a bank or a private party that have been noted against the property.
  • Easements: rights of way, light or views in favour of another property.
  • Usufruct: someone else has the right to use the home even if you own it.
  • Tax liens: for some years the property remains liable for transfer taxes from previous sales.
  • Conditions and restrictions: for example, subsidised housing with a maximum price or limits on selling or renting it.

Where each one is checked

  • Nota simple (Land Registry): owner, registered area and registered charges. It can be requested online on the official registries' website for around €9 plus VAT. Get a recent one: what matters is the situation on signing day.
  • Community debts: a certificate from the community's secretary or administrator, countersigned by the president. The law requires the seller to state that payments are up to date or provide that certificate.
  • Unpaid IBI: the last paid receipt, or a certificate from the town hall. The property is liable for IBI from years not yet time-barred even after a change of owner.
  • Approved special levies (derramas): the community's minutes. Who pays a levy agreed before the sale is often disputed: put it in writing in the contract.
What isn't in any register: whether the home is in a flood zone, next to a livestock trail or a power line, whether the land has planning restrictions, or whether the price is above what sells nearby. They aren't legal «charges», but they can cost you money too.

The nota simple, requested and explained by us

With the Full Report + Land Registry Study we request the nota simple directly from the Registry, explain its charges in plain English and combine it with the property's risk, land, surroundings and price report. €89 (VAT included).

Analyse a property

The order we recommend

  • Before a second viewing: check the physical risks and the official floor area (free, with the address).
  • Before signing the deposit contract (arras): a recent nota simple, a community debt certificate, the last IBI receipt and minutes mentioning levies.
  • In the deposit contract: the seller commits to hand over the property free of charges and up to date with payments, with the mortgage cancelled at signing.
  • On the day of the deed: the Registry is checked again just before signing, so nothing new appears in between.

None of these checks is expensive, and together they cost very little next to the price of a home. What's expensive is finding a charge after you've signed.

Fuentes

1
Spanish Land Registry — nota simple request · Official body
www.registradores.org
2
Horizontal Property Act 49/1960 (art. 9: community debts on transfer) · Legislation
www.boe.es/buscar/act.php?id=BOE-A-1960-10906
3
Consolidated Local Finance Act (IBI liability) · Legislation
www.boe.es/buscar/act.php?id=BOE-A-2004-4214
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