The role of a notary in real estate transaction in Spain

The role of the notary in Spain

In Spain, the notary represents the state and is responsible for advising citizens. Individuals can consult them free of charge for legal advice. However, other services, such as drafting notarized documents, handling inheritances, mediations, and preparing and registering real estate sales deeds, are paid services.

The notary is a key figure in real estate transactions. They are responsible for verifying the legality of documents and contracts, ensuring that all legal conditions are met before signing the deed of sale.

The notary drafts the notarial deed (Escritura), which formalizes the transaction. They ensure that the deed complies with the laws in force in Spain and in the respective autonomous region.

To validate a property sale, the notary checks that all required documents are included in the file:

• The property title deed
• Identity documents of both parties
• The NIE (Foreigner Identification Number) for non-residents
• The certificate of the cadastral value of the property
• The certificate of the property’s urban planning status
• A copy of the latest IBI (property tax) payment receipt
• The property's energy efficiency certificate
• The certificate confirming the absence of a mortgage
• The latest utility bills (water and electricity)
• The sales contract (if a preliminary sales agreement exists)

The Spanish notary also verifies that the buyer has paid the seller for the transaction. However, they do not act as a financial intermediary; the payment is made directly between the parties. As part of their duty to prevent money laundering, they may review the source of funds. It is therefore advisable to keep all supporting documents ensuring the traceability of financial transactions.

In Spain, the notary does not work for either the buyer or the seller, they remain impartial. Their role is to verify the documents in the file. For this reason, it is strongly recommended to be assisted by a lawyer to conduct the necessary legal verifications and negotiate the sale conditions.
 

Registration in the Land Registry

The notary prepares and authenticates the deed of sale, a required document for registration in the land registry. They must then submit the deed to the registry within 15 days of signing. This step is essential to officially transfer ownership. The process can take up to two months.

However, while the notary submits the deed, they do not oversee the procedure. It is usually the buyer’s lawyer who ensures that the ownership transfer is properly completed.

Hiring a notary in Spain is a crucial step in finalizing a real estate transaction. However, for a smooth and secure purchase, it is essential to seek guidance from professionals (a lawyer or real estate expert) and to be well-informed about all legal procedures in advance.