The intervention of a notary is legally required in Spain for the transfer of real estate, but his role differs fundamentally from that in Belgium or the Netherlands. Whereas the notary in the Benelux has an extensive investigation duty, the Spanish notary is strictly limited to administrative handling and identity verification.
In this article, we will explain the exact responsibilities so that there are no surprises during your purchase process.
What exactly does a Spanish notary do?
The core task of the Spanish notary is to grant authenticity (Fe Pública) to the deed of sale. Specifically, he verifies the identity of the buyer and seller, validates the property title based on the register, and the official notarial deed (Escritura Pública) and get it signed.
The notary acts as a neutral official. His duties consist of three pillars:
- Id: Checking passports and NIE numbers of all parties.
- Fiscal control: Verify that taxes (such as IBI) have been paid at the time of transfer, although responsibility for handling them often lies with the lawyer.
- Willfulness: Ensure that both parties understand the contents of the deed and sign it voluntarily. If a party does not speak the language, the presence of a translator is required.
Expert Quote: "Many buyers assume that the signature at the notary means the house is 100% legal. This is a misconception. The notary only guarantees that the seller is the owner, not that the property is licensed."
The Limited Duty to Investigate: What the notary does NOT do
A Spanish notary does not conduct urban planning or architectural surveys. This is the biggest risk for foreign buyers. The notary only requests an extract from the Property register (Registro de la Propiedad) to see if there are any mortgages or encumbrances on the property on the day of conveyance.
The notary is not responsible for:
- Construction violations: Checking whether the house (or parts such as an extension) is legally built.
- Utility debts: Outstanding bills for water or electricity.
- Community charges: Overdue payments at the Owners' Association (Comunidad).
- Cadastral registration: The notary notifies the sale, but the actual update of the land register is a separate administrative act.
Read more about the property register and land registry.
Comparison Powers
| Task | Belgian Notary | Spanish Notary |
| Identity check | ✅ Yes | ✅ Yes |
| Drawing up deed | ✅ Yes | ✅ Yes |
| Urban research | ✅ Yes (Mandatory) | ❌ No |
| Soil mat test/Environment | ✅ Yes (Mandatory) | ❌ No |
| Debt enquiry | ✅ Yes | ❌ No |
Find more information about the process of buying a property in Spain.
Notary vs lawyer: No legal advice
The notary in Spain is an impartial official and gives never legal advice about the quality of your purchase. He will not warn you if the price is too high, or if there are clauses in the contract that are detrimental to you, as long as they are legal.
The legal advice, the Due Diligence (legal research) and the protection of your interests lie only with your lawyer or property lawyer.
- The lawyer: Checks licences, debts, and illegalities for you sign.
- The notary: Ratify the agreements you (or your lawyer) have made.
What does a Spanish notary cost?
The fees for a notary in Spain are set by law via a scale (Arancel Notarial) and typically amount to between 0.1% and 1% of the purchase price.
Who pays the notary?
Although the Spanish Civil Code (Art. 1455) states that the seller pays most of the original deed, in practice (especially in regions such as Costa Blanca and Costa del Sol) it is standard that the buyer bears all notary fees. This is explicitly so included in the purchase contract.
The course of the appointment (The 'Escritura')
The passing of the deed follows a set pattern. Our lawyers prepare the file so that the physical appointment at the notary's office is often just a formality.
- Preparation: The lawyer sends all documents and proof of payment to the notary.
- The Session: Buyer and seller (or their proxies) appear before the notary.
- Readout: The notary reads the deed aloud (in Spanish). A translator translates this simultaneously.
- Signature: After signing, hand over the bank cheques and receive the keys.
- Copia Simple: You will be given a simple copy of the deed immediately. The official registered deed (Copia Autorizada) follows after 2 to 3 months.
Tip: Can't attend? Then work with a notarial proxy (Poder Notarial). This can be arranged with a Belgian notary (with apostille) or directly in Spain.
Find out more about legal support during the process of buying or selling a property in Spain.
FAQ: Frequently asked questions about the Spanish Notary
Does the Spanish notary check whether a property has been built illegally?
No, the Spanish notary does not check this. He only relies on the information in the property register. If an illegal conversion is not registered, the notary will not notice it. This requires a lawyer.
What is the difference between a notary in Belgium and Spain?
The biggest difference is the obligation to investigate. A Belgian notary must actively investigate whether there are urban planning violations or environmental offences. A Spanish notary does not have this obligation and fulfils mainly an administrative and identifying role.
Who chooses the notary when buying in Spain?
Under Spanish law, the party paying the notary fees has the right to choose the notary. Since it is common for the buyer to pay, the buyer (or his lawyer) is usually allowed to appoint the notary.
Is a lawyer mandatory if I already have a notary?
Legally, a lawyer is not mandatory, but in practice it is essential. Because the notary does not check third-party debts (such as water, electricity, community) or building permits, buying without a lawyer is a big financial risk.
About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs to safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.
