Note
Notary fees when buying property in Spain
Quick answer
Notaries charge by a state-approved scale, so the fee depends on the deed and not on haggling. The civil code splits deed costs between seller and buyer unless the contract says otherwise. Ask for an itemised note and for the buyer’s share in writing. We print no amounts.
Applies toBuyers and sellers who want to understand and check the notary’s bill. It does not cover the notary’s role in the whole purchase, which is explained in the buying-process section.
This area of Spanish law is complex. We could not open the legal text behind the point below in full on the official site, so we state it as it is generally understood and have not checked it word for word. Before you rely on it, ask an independent Spanish lawyer who acts for you to confirm it for your case.
- On a sale of real estate the costs of granting the deed fall on the seller and those of the first copy and later documents on the buyer, unless the parties agree otherwise (art. 1455 Código Civil).
On this page: 7 sections
§ 1A fee set by scale
Notaries in Spain charge by a scale approved by the state, the Arancel de los Notarios. The practical result is that the fee for a given deed is set by the scale, not by individual haggling. A foreign buyer is charged by the same scale as a Spanish one. What changes the total is what you ask the notary to do and how many copies you request. The role of the notary in the whole purchase is explained in the buying-process section; this page deals only with the fee.
§ 2What drives the amount
The main driver is the value in the deed, with larger values leading to larger fees up to the limits of the scale. Extras add to it: additional copies, documents the notary must obtain, and a deed that includes a mortgage as well as the sale. We do not print the scale, because the amounts have changed over time and we have not verified the current table. Ask the notary for a calculation based on your price.
§ 3Who pays
The civil code starts from a default: the costs of granting the deed fall on the seller, while the costs of the first copy and later documents fall on the buyer, unless the parties agree otherwise. Contracts of sale often depart from this, and many state that the buyer bears all costs. Because the contract decides, read the clause on expenses before you sign and ask what it means in euros once you have a quote. The other professional costs of the purchase are in the chapter on professional fees.
§ 4The notary's role and its link to cost
The notary gives free, impartial advice, verifies identities, capacity, ownership and charges, and can file the deed with the registry. The notary also records how the price was paid, and prefers payment by bank transfer or nominative cheque. These services are part of the fee, which is another reason to use the notary's advice before signing, not after. For the cost of registering the deed afterwards, see what the registry charges.
§ 5What to ask for
Ask for the draft deed several days before signing, and for the itemised fee note, the minuta. Ask which part is for the sale, which for the copies and which for any mortgage. Ask whether the notary will file the deed with the registry for you, and whether that service carries an extra fee. Ask who will receive the first copy. Keep the note, because the lawyer or gestor will need it to file the tax return.
§ 6Cases that change the bill
A purchase paid partly by mortgage adds a second deed, and the law places some mortgage costs on the lender, which is a subject for the mortgage section. A purchase by power of attorney adds checks of the attorney's authority. A purchase with a foreign party may need a sworn translation. These are small extras individually, but together they can move a budget.
§ 7Lawyer and gestor work around the notary
A lawyer reads the draft with you before the day, and a gestor may file the paperwork after it. Their fees are separate from the notary's and are not set by the scale, so compare them as in what a lawyer charges and what a gestor charges.
FAQRelated questions
Can I negotiate the notary fee?
The fee follows the state scale, so there is little room to negotiate the standard deed. What you can choose is the notary and the extras, such as additional copies. Ask for the itemised note before you sign.
Who pays the notary on a purchase?
The civil code puts the cost of the deed on the seller and the first copy on the buyer, unless the contract differs. Contracts often shift more to the buyer, so read the clause and confirm the split before you commit.
Do I have to use the developer’s notary?
No. You may choose your own notary, even where the developer proposes one. Say so early, because the developer may have a deed prepared. Check that the notary you pick can act on the date you need.
Sources
- Boletín Oficial del Estado: Real Decreto 1426/1989 por el que se aprueba el Arancel de los Notarios (official source, opens in a new window), Article 1 and annexesLast checked 17 October 2026
- Boletín Oficial del Estado: Real Decreto 1427/1989 por el que se aprueba el Arancel de los Registradores de la Propiedad (official source, opens in a new window), Article 1 and annexesLast checked 17 October 2026
- Boletín Oficial del Estado: Código Civil (BOE-A-1889-4763) (official source, opens in a new window), Article 1455: costs of the deed of saleLast checked 17 October 2026
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Tax note. Rates depend on the region, the type of property and the buyer, and they change. Figures here are dated and sourced; examples are illustrative and show their assumptions. Confirm yours with the regional tax agency or a tax adviser.