Step 33 of 48 Phase 4: Negotiate & Sign Arras
4.10 Nota Simple & AFO Certificate Check
Review the Nota Simple and verify the property's legal status — including the crucial AFO certificate check for Costa del Sol properties.
What the Nota Simple Shows
- Registered owner and property description
- Any mortgages or charges (cargas) on the property
- Any legal restrictions or encumbrances
- The property's registered boundaries
The AFO Certificate — Critical for Costa del Sol
- AFO (Asimilado a Fuera de Ordenación) regularises older unlicensed construction
- Very common for Costa del Sol properties built before strict planning enforcement
- Properties with AFO can be bought, sold, and insured — but cannot be extended
- Without AFO, you may have issues with insurance, mortgages, and resale
- Your lawyer should always check AFO status for properties over 10-15 years old
Legal Checks Your Lawyer Should Do
- Verify the seller is the registered owner
- Check for outstanding debts (IBI, community fees)
- Confirm all construction is legal and licensed
- Review the catastral records match the registry
- Check AFO status if the property has any older construction or extensions
Common Mistakes to Avoid
- Proceeding without a recent Nota Simple (within 30 days)
- Not checking for embargos or unpaid taxes
- Assuming all extensions or modifications are legal
- Buying an older property without checking AFO status
- Buying without confirming community fees are paid up to date