The Role of a Notary in Spain: What They Do and Who Chooses Them
The Role of a Notary in Spain: What They Do and Who Chooses Them
For many foreign buyers, the Spanish property purchase process can seem unfamiliar. One of the most common questions is about the role of the Spanish notary: what do they actually do, who chooses them, and are they protecting the buyer or the seller?
Whether you are buying an apartment in Alicante, a property in Villajoyosa, or a villa on the Costa del Sol, understanding the role of the notary can help you navigate the final stage of your purchase with confidence.
What Does a Notary Do in Spain?
A Spanish notary (notario) is a legal professional appointed by the state who verifies and formalises important legal acts, including property transactions.
During a property purchase, the notary’s main role is to:
- Verify the identity of the buyer and seller
- Confirm that both parties understand the agreement
- Review the public deed of sale
- Ensure the transaction follows legal requirements
- Authorise the signing of the escritura pública
The final signing before a notary is known as the completion of the property purchase.
Does the Spanish Notary Check Everything About the Property?
This is one of the biggest misunderstandings among foreign buyers.
The notary confirms the legality of the deed and the identity of the parties, but the notary does not replace an independent lawyer.
A notary does not normally:
- Negotiate the purchase price
- Check whether the property is a good investment
- Inspect the physical condition of the property
- Provide independent advice for one party
For this reason, many international buyers choose to work with an independent property lawyer before completing the purchase.
Who Chooses the Notary in Spain?
In Spain, the buyer and seller can agree on the notary who will handle the transaction.
In many cases, the buyer chooses the notary because the buyer is responsible for paying the notary fees related to the original deed of sale.
The choice of notary is not connected to the real estate agency or the seller. Buyers have the right to choose a notary they feel comfortable with.
How Much Does a Spanish Notary Cost?
Notary fees in Spain are regulated by law and depend mainly on the complexity and value of the transaction.
For a typical property purchase, buyers should expect approximately several hundred to over one thousand euros in notary costs.
Additional costs may include Land Registry fees and administrative expenses related to registering the new ownership.
The Notary and Foreign Buyers
Many property buyers in Costa Blanca and Costa del Sol are international clients who do not speak Spanish fluently.
If a buyer does not understand Spanish, additional arrangements may be required, such as:
- An official translator
- A bilingual lawyer
- Power of attorney arrangements
The goal is to ensure that all parties fully understand the documents they are signing.
The Final Signing Day: Escritura Pública
The completion appointment takes place at the notary office, where the buyer and seller sign the public deed of sale.
At this stage:
- The remaining purchase price is paid
- The keys are normally handed over
- The ownership transfer is formalised
- The property can be registered in the buyer’s name
Final Thoughts
The Spanish notary plays an essential role in making property transactions official and legally valid. However, foreign buyers should understand that the notary is not a substitute for independent legal advice.
Whether you are purchasing a resale apartment on the Costa Blanca or a villa on the Costa del Sol, knowing who does what during the buying process helps you make safer decisions.
Frequently Asked Questions
Who pays the notary fees when buying property in Spain?
The distribution of costs depends on the transaction and agreement between the parties, but buyers commonly pay the costs related to the purchase deed.
Can a foreigner choose the notary in Spain?
Yes. The buyer and seller can agree on the notary, and buyers generally have the right to choose.
Does a notary protect the buyer in Spain?
The notary ensures legality and formal correctness of the transaction but does not act as the buyer’s personal lawyer.
Do I need a lawyer when buying property in Spain?
Although not legally required, independent legal advice is strongly recommended, especially for foreign buyers.
