- Escritura in English means deed. An escritura pública is a public deed signed before a notary.
- For a purchase, the escritura de compraventa is the title deed: signing it, with handover, transfers ownership.
- The notary keeps the original. You get a copia simple (information only) and a copia autorizada (full legal value).
- The deed is then recorded in the land registry, which has 15 days to register it once presented.
- The nota simple is a registry extract, not the deed. You'll usually need both.
What is an escritura publica?
An escritura pública is a document drawn up and authorised by a Spanish notary. The notary identifies the parties, checks they have the capacity and authority to sign, confirms they understand what they're signing and records it. Because a public official authorises it, the deed is strong evidence in court of what was agreed and when.
Spanish law uses escrituras for many things: mortgages, gifts, company formations, declarations of new buildings (declaración de obra nueva) and divisions of property. When people talk about the escritura in Spain for a home, though, they almost always mean the escritura de compraventa, the deed of sale. That's what English speakers call the title deed.
Under the Civil Code (art. 1462), signing the public deed counts as handing over the property unless the deed says otherwise. So in practice ownership passes at the notary's table, the moment you and the seller sign and the money is paid.
What's in an escritura de compraventa
Deeds follow a standard structure. A mortgaged purchase comes with a separate mortgage deed.
| Section | What it contains | What to check |
|---|---|---|
| Comparecen | Names, ID numbers, addresses and marital status of buyer and seller, or their attorneys | Your name and NIE are exactly right |
| Exponen: descripción | Address, area, rooms, boundaries, finca registral number, CRU/IDUFIR and referencia catastral | Matches the nota simple and the catastro |
| Título | How the seller acquired the property | Seller is the registered owner |
| Cargas | Mortgages and other charges, and how they're being cancelled | Any mortgage is paid off at signing |
| Arrendamientos / situación | Whether the property is let or vacant | States free of occupants, if that's the deal |
| Estipulaciones: precio | Price and how it was paid, with bank cheque or transfer details | Full, true price declared |
| Community and IBI | Seller's statement on community fees and IBI, with certificates | Debt certificate attached, not waived |
| Certificates | Energy certificate and, where required, the first occupation or habitability licence | Nothing missing for your region |
| Otorgamiento | Signatures and the notary's authorisation | Everyone who owns a share has signed |
The deed is in Spanish. If you don't speak it well, the notary must be satisfied you understand, and may require an interpreter. Bilingual deeds are possible but not standard. See our notary guide for what happens on the day.
Copia simple vs copia autorizada
The signed original (the matriz) never leaves the notary's protocol. What owners hold are copies.
| Copia simple | Copia autorizada | |
|---|---|---|
| Legal value | Information only | Full legal value, like the original |
| Signed and sealed | No | Yes, by the notary |
| Use | Reference, tax returns, showing an agent | Registering the property, court, selling, some bank procedures |
| Official fee | €0.60 per page | €3.01 per page (half from page 12) |
| When you get it | Usually on the day | After tax and registration are done |
The per-page fees come from the notarial fee schedule; notaries add VAT, and the main fee for the deed itself is separate and scaled by value. Both types can also be issued electronically.
Registering the title deed in Spain
Signing the escritura transfers ownership between you and the seller. Registering it in the Registro de la Propiedad protects you against everyone else: a later buyer, the seller's creditors, or anyone relying on what the registry says. Mortgage lenders insist on it.
The usual order is:
- The notary sends an electronic copy to the land registry, usually on the day of signing. This asiento de presentación fixes your priority: for 60 days no conflicting document can jump ahead of yours.
- You (or your lawyer or gestor) pay the transfer tax to the regional tax agency. For resale homes that's ITP; for new builds it's VAT plus AJD. Deadlines are set by each region, commonly around a month from signing.
- The paper or electronic copia autorizada, with proof of tax paid, goes to the registry. The registrar has 15 days to register it once all is in order.
- The registry returns the copia autorizada stamped with the registration details and charges its fee.
Registry and notary fees are set by royal decree and scale with the price. They're part of the costs covered in the cost of buying property in Spain.
Escritura vs nota simple
Buyers often mix these up. The escritura is a historic record of one transaction. The nota simple is a live extract from the registry.
- Before buying, the seller's old escritura shows how they acquired the property. But it can be years out of date: it won't show a mortgage or embargo registered since. For the current position you need a fresh nota simple.
- After buying, your escritura proves your purchase, and the nota simple will list you as owner once registration is complete.
Common problems with Spanish deeds
- Area mismatches. The deed, registry and catastro can each show a different size. Extensions added later need a new deed (declaración de obra nueva) to be recorded.
- Unregistered deeds. Some older purchases were never registered, so the registry still shows a previous owner. That has to be fixed before you buy.
- Private contracts. A contrato privado of sale is valid between the parties but can't be registered. Insist on an escritura.
- Buying through an attorney. If you won't be in Spain, a power of attorney lets someone sign the escritura for you.
For how the deed fits the whole process, see our guide to buying property in Spain.
Step by step
Draft
The notary prepares the draft deed from the contract, nota simple and ID documents. Your lawyer reviews it a few days before signing.
Sign
Buyer and seller, or their attorneys, sign before the notary, who reads or explains the deed. Payment is made at the same appointment.
Copies
The notary keeps the original (matriz) and issues copies. You get a copia simple at once; the copia autorizada follows.
Tax
Transfer tax (ITP) or stamp duty (AJD) is paid to the regional tax agency within the regional deadline.
Register
The deed is presented to the land registry and recorded. The registry returns the copia autorizada with the registration note.