Note
The notary’s role when buying property in Spain
Quick answer
The notary is a public official who gives free, impartial advice, verifies identities, capacity, ownership and charges, drafts the deed and records how the price was paid. You may choose your notary. The notary does not act for you, and cannot replace a lawyer.
Applies toBuyers who want to know what to expect at the notary and what the notary will not do.
On this page: 8 sections
§ 1A public official
A notary in Spain is a public official who authorises documents. The deed of sale that you sign is a public document, which means that it carries a presumption of accuracy and strong evidential value. The notary’s job is to make sure that the parties are who they say, that they have the capacity to act, that the seller owns the property, and that the deed says what the parties have agreed and complies with the law. All the roles are in the professionals in a purchase explained.
§ 2Impartial advice
The Consejo General del Notariado says the notary gives free and impartial advice. That means that the notary will explain the effects of the deed to both sides, and will warn about legal problems. It does not mean that the notary negotiates, or protects the buyer’s interest in the price. For that you need your own lawyer, whose role is explained in an independent lawyer explained.
§ 3What the notary checks
The notary verifies identities and capacity, and the ownership and charges of the property by consulting the registry. If a party acts through a representative, the notary checks the authority of the attorney under the power of attorney. The notary can also file the deed with the land registry on request. The checks are real, but they are limited to what the documents show.
§ 4Choosing the notary
Buyers may choose their notary, even where the developer proposes one. If you leave the choice to the seller, you may find that the draft deed is ready before you have reviewed the contract. State your choice early, and ask the notary for the draft several days before the signing. The notary’s fees follow the state scale, so there is little reason to choose on price.
§ 5The payment
The notary records how the price was paid, and notaries prefer payment by bank transfer or nominative cheque, recorded in the deed. Arrange the transfer in advance with your bank, because large transfers sometimes need time. Do not carry large amounts of cash. Ask your lawyer how the closing payment will be organised and who will hold the receipts.
§ 6What you do on the day
You arrive with your identity document and your number, the lawyer or an interpreter if you need one, the proof of payment and any required cheque. The notary reads or summarises the deed, you ask questions, and everyone signs. The notary then keeps the original and gives copies to the parties. The first copy is yours, and the lawyer or gestor normally files it.
§ 7After the signing
The deed goes to the tax office and to the registry. Registration makes you the recognised owner, and the registrars say it protects you against the seller’s creditors and hidden charges. The costs of the notary and the registry are covered in the costs section. The next role to understand is the gestor’s, in how the gestor works.
§ 8More on this topic
How to choose a lawyer explained explains how to find and compare lawyers and how estate agents work explains what agents do and who they work for.
How a survey works explains why a survey matters and what it covers and how sworn translators work explains when a sworn translation is needed.
FAQRelated questions
Can I choose my own notary?
Yes, the Consejo General del Notariado says buyers may choose their notary, even where a developer proposes one. Ask early, because the developer may already have a draft deed with a notary of its choosing.
Does the notary check the property is worth buying?
No. The notary checks identities, capacity, ownership and charges and the legality of the deed, not the price or the physical condition. Those are for you and your advisers to judge.
Why does the notary care how I pay?
The deed records the payment method, and notaries prefer bank transfer or a nominative cheque. A recorded payment gives a clear trail, protects both sides and helps against money-laundering rules. Cash is discouraged.
Sources
- 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
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.