Notary in Spain: what the notario does when you buy

What a notary does in a Spanish purchase

In the UK and US, conveyancing is mostly done by lawyers. In Spain, the key act is the escritura pública: a deed drafted and signed in front of a notary. Notaries are lawyers who have passed a state exam and act as public officials. Their job is to make sure the deed is valid and that both sides understand it. They are neutral: they don't work for the buyer or the seller.

A deed authorised by a notary is what the land registry needs to record you as the new owner. Without it you can own under a private contract, but you're not protected against third parties.

What the notary checks

• Identity and capacity of everyone signing, using passports and NIE numbers.
• Powers of attorney, if someone signs for you. See our power of attorney guide.
• The land registry: the notary requests up-to-date registry information electronically to confirm the seller owns the property and to list charges. It's the same data as a nota simple.
• The catastro reference and description of the property.
• Means of payment: Spanish anti-money-laundering rules require the deed to record how the price was paid, including cheque or transfer details.
• Certain seller documents, such as the energy performance certificate, and whether the seller is a non-resident (which triggers a 3% retention for the tax office).
• That you understand the deed. If you don't speak Spanish well, the notary can require an interpreter.

What the notary doesn't check

• Whether extensions, pools or conversions have planning permission.
• Unpaid community fees beyond the certificate supplied, or unpaid utilities.
• The physical condition of the property.
• Whether someone is living there (see our okupas guide).
• Whether the price is fair or the deal is in your interest.

Notary fees: the arancel

Notaries cannot set their own prices. Their fees follow the arancel notarial, set nationally by Royal Decree 1426/1989. For a sale, the fee comes from a sliding scale applied to the value in the deed: the percentage falls as the value rises. On top of that come charges per page and for copies, plus VAT at 21%. A mortgage signed on the same day is a separate deed with its own fee.

Because the scale is fixed but deeds vary in length and number of copies, ask the notary's office for an estimate (a provisión de fondos) before completion. Our guide to buying costs puts the notary alongside tax and registry fees.

Who pays

The default rule in the Civil Code is that the seller pays for the original deed and the buyer pays for the first copy. In practice, many sale contracts shift all notary costs to the buyer. Read the arras contract before you sign it.

Completion day

1. Before the day: your lawyer sends the notary the arras contract, IDs, NIEs and bank details. The notary prepares a draft deed. Ask to see it in advance.
2. At the office: buyer, seller (or their attorneys) and often the seller's bank meet. The notary or an officer reads out or summarises the deed.
3. Payment: usually by bank cheque or transfer, recorded in the deed. If the seller has a mortgage, part of the price goes straight to their bank to cancel it.
4. Signing: everyone signs. The notary sends an electronic notice to the land registry the same day, which protects you against later entries.
5. Keys: handed over at the office in most cases.
6. After: transfer tax is paid (usually by your lawyer or a gestoría), the deed is registered and you get it back weeks later.

Choosing the notary

The Reglamento Notarial gives the buyer, as the consumer, the right to choose the notary. Developers and banks often propose one of their own. You can accept, but you don't have to. A notary near the property is practical, and some offices are used to foreign buyers and English speakers. You can find notaries through the Consejo General del Notariado.

Before you get to the notary, it's worth checking the property itself. Enter the address or referencia catastral in our free property check and we'll get back to you by email.