For international buyers, the journey to owning a property in Spain involves viewing trips, price negotiations, and extensive paperwork. However, all these steps culminate in one crucial event: the appointment at the Notary's office. Known locally as the Notaría, this is where the public deed of sale, or Escritura de Compraventa, is signed.
Unlike in some Northern European countries or the UK, where the exchange of contracts and completion can happen remotely or on different days, the Spanish system requires a formal, in-person act of completion. This article details exactly what buyers must anticipate to ensure this day remains a celebration rather than a source of stress.
The Unique Role of the Spanish Notary
A common misconception among international buyers is confusing the Notary with a private lawyer. In Spain, the Notario is a public official employed by the government, even though they operate as private professionals. Their primary duty is not to represent you or the seller, but to ensure the transaction complies with Spanish law.
The Notary acts as an impartial witness to the signing of the deed. They verify the identity of all parties, ensure that the property is free of undisclosed charges at the moment of signing, and confirm that all taxes relating to the transaction are acknowledged. However, they do not conduct due diligence on the structural integrity of the property or negotiate contract terms on your behalf. That remains the job of your private lawyer.
Preparation: Before the Appointment
Success at the Notary office is determined weeks before the actual appointment. Your legal representative should have already completed the necessary due diligence, checked the Land Registry (Registro de la Propiedad), and prepared the draft deed.
Financial Logistics
The most common reason for delays on the signing day involves banking. In Spain, the remaining balance of the purchase price is typically paid via a bank draft (cheque bancario) handed over at the table. This cheque must be issued by a Spanish bank. Alternatively, an immediate OMF transfer via the Bank of Spain can be arranged, though this is more complex and requires precise timing.
The Appointment Process: Step by Step
The atmosphere in a Notary office is formal but generally efficient. Here is the typical flow of events:
- Assembly: You, the seller (or their representative), the estate agents, and the lawyers will gather in a meeting room.
- Review: Before the Notary enters, you may have a final chance to review the draft deed with your lawyer and translator.
- The Reading: The Notary enters and reads the deed aloud in Spanish. This confirms the property details, the price, the payment method, and the absence of debts.
- Translation: By law, if you do not speak Spanish, a translator must be present to explain the contents of the deed before you sign.
- Signing: All parties, including the Notary, sign the document. This is the moment ownership transfers.
- Exchange: The bank drafts are handed to the seller, and the keys are handed to the buyer.
Essential Documents Checklist
Arriving without the correct documentation will result in the cancellation of the appointment. Ensure you have the following:
- Original Passports: Copies are not accepted.
- NIE Numbers: The original certificate of your Número de Identificación de Extranjero.
- Proof of Funds: Evidence of where the money originated (for money laundering regulations).
- Payment Instruments: The bank drafts or proof of transfer.
Understanding Notary Fees
Notary fees in Spain are regulated by the state, meaning all Notaries charge roughly the same amount for the same service. The cost is based on a sliding scale relative to the property price and the complexity of the deed (number of pages, number of copies required).
For a standard property purchase, fees generally range between €600 and €1,000. It is customary for the buyer to pay the majority of these costs, although the Civil Code states the seller pays for the original deed and the buyer pays for the copies, unless agreed otherwise in the private purchase contract.
The Power of Attorney Option
If you cannot be in Spain on the completion date, you do not need to cancel the purchase. You can grant a Power of Attorney (Poder Notarial) to your lawyer. This allows them to sign the deed on your behalf. This document must be signed before a Notary in your home country (and legalised with the Hague Apostille) or at a Spanish Notary during a prior visit.
Post-Appointment: The Next Steps
Walking out of the Notary office with the keys is a moment of joy, but the legal work is not quite finished. Immediately after signing, the Notary will fax a notification to the Land Registry to block the property from other sales. However, the full registration process takes time.
Your lawyer or administrative agency (gestoría) will take the deed, pay the relevant transfer taxes (ITP or VAT) on your behalf, and physically present the deed to the Land Registry. The final registration usually takes one to three months, after which the original deed is returned to you with the official registry stamp.
Conclusion
The appointment at the Spanish Notary is the gateway to your new life in the sun. While the formality and the Spanish legal language may seem daunting, the system is designed to provide high legal security for both parties. With a competent lawyer and your finances in order, the day will be a straightforward administrative procedure, leaving you free to focus on the excitement of your new home.
