Notary Role Explained
What Does a Notary Do When Buying Property in Spain?
Spanish notaries are state-appointed officials who sign your property deed. Learn what they do, what they check, and why you still need a lawyer.
The notary is central to every Spanish property transaction, but international buyers often misunderstand their role. All property purchases in Spain must be signed before a notary—it is a legal requirement. If you are used to buying property in the UK, US, or Scandinavia, the Spanish system will feel different.
A Spanish notary (notario) is a public official appointed by the state through a competitive national exam. They are not private professionals like UK solicitors or US attorneys. Their job is to ensure that legal formalities are correct, that both parties understand the deed, and that the transaction can be registered at the Land Registry.
The critical distinction: Spanish notaries are impartial. They represent neither the buyer nor the seller. This surprises many British and American buyers, who are used to having a professional act on their behalf during the transaction. In Spain, that protective role belongs to your independent lawyer—not the notary.
Every property sale must be recorded in a public deed called the Escritura Pública. The notary's signature makes this deed legally binding and allows it to be registered at the Land Registry (Registro de la Propiedad). Without the notary, there is no valid transfer of ownership.
State-Appointed Official
Notaries pass a national exam and are assigned by the state. They are neutral public servants, not private lawyers.
Deed Authorization
The notary reads, verifies, and signs the Escritura Pública—the public deed that transfers property ownership.
Not Your Advocate
Notaries ensure formalities are correct but do not represent you. You still need an independent lawyer for full protection.
What Happens on Completion Day
A typical notary appointment lasts 30 to 60 minutes. Arrive 10 minutes early and bring your passport. If you do not speak Spanish, you must bring a sworn translator (traductor jurado) from the start—the notary will not proceed without one.
Identity Verification
The notary checks passports or DNI cards for both buyer and seller. NIE numbers and Powers of Attorney are verified if applicable.
Document Review
The notary reads the Escritura aloud—typically 5 to 10 pages. Every clause is explained. This is a legal requirement, not optional.
Capacity Questions
The notary asks both parties directly: are you signing freely? Do you understand the terms? This protects against coercion or misunderstanding.
Payment Confirmation
The notary verifies that funds have been received via traceable bank transfer. Cash payments are not accepted.
Signing and Stamping
Both parties sign in front of the notary. The notary then signs and stamps the deed, making it legally binding.
Copies and Next Steps
Copies of the signed deed are issued. Your lawyer or gestor then handles Land Registry submission and tax payments.
What Notaries Check and Don't Check
Before signing, the notary carries out a series of mandatory checks. These are concrete and specific—not a general review of the property's entire history.
Ownership: The notary checks the Catastro (property register) and Land Registry to confirm the seller actually owns the property and has the right to sell it.
Debts on the property: Any outstanding mortgage, unpaid IBI (municipal property tax), or unpaid community fees must be resolved before signing—or deducted from the purchase price. A Barcelona notary recently refused to sign because the seller had 8,000 euros in unpaid community fees. The buyer had to wait for resolution.
Legal burdens: Easements, neighbour rights, or other claims registered against the property are flagged and must be disclosed.
Identity and legal capacity: Both parties must prove they are who they claim to be and are legally able to sign—not bankrupt or under legal restriction.
Payment source: Funds must arrive through a traceable bank transfer. The notary documents the payment method as an anti-money-laundering requirement.
What Notaries Do
What Notaries Don't Do
A notary's signature confirms that the deed is legally valid and properly formed—not that you have had full legal protection. For a thorough review of contracts, hidden issues, and planning permissions, you need a separate independent lawyer working on your behalf before you reach the notary's office. Read our first-time buyer guide for the full buying process.
How Spain Compares to Other Countries
| Spain (Notario) | UK (Conveyancer) | USA (Title Co.) | Germany (Notar) | France (Notaire) | |
|---|---|---|---|---|---|
| Who they represent | Neither party | The buyer | Neither party | Neither party | Both parties |
| Must sign the deed | Yes | No | No | Yes | Yes |
| Legally required | Yes | No (but standard) | Varies by state | Yes | Yes |
| Fees regulated by law | Yes | No | No | Yes | Yes |
| Checks ownership | Yes | Yes (full search) | Yes (title search) | Yes | Yes (full search) |
| Can refuse to sign | Yes | N/A | N/A | Yes | Yes |
The biggest difference for British and American buyers is that the Spanish notary must sign the deed themselves and remains completely neutral throughout. In the UK, your conveyancer acts as your advocate and carries out extensive property searches on your behalf. In Spain, that protective role falls entirely to your independent lawyer.
German and French buyers will find the Spanish system more familiar—their home countries also require a notary to authorize property transactions. However, the French notaire typically carries out more comprehensive due diligence than a Spanish notario, which can create a false sense of security for French buyers purchasing in Spain.
When a Notary Refuses to Sign
Notaries rarely refuse, but it happens. Common scenarios include a property registered to two owners where only one appears to sell—both must be present or grant notarised Power of Attorney. Outstanding community fees or debts discovered at signing will also pause the process. And if a buyer tries to pay in cash or via an untraceable method, the notary will refuse outright. In each case, the transaction stops until the issue is resolved, protecting both parties from an invalid sale.
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