The Spanish Notary


What it is, role and fees

The notary is a professional within the Spanish law system and his/ her main function is to certify Spanish documents ensuring that private agreements fulfil certain legal criteria. The Spanish notary is involved in legalising agreements and contracts and uses a stamp and signature to endorse them.

The main difference between a Lawyer and a Notary in Spain is that the Lawyer deals with private documents such as contracts and might represent a client, for example in a law-suit. A notary, on the other hand, brings a document into the public domain.

The role of a Spanish notary

The role of the notary includes:

  • Advising parties of the formalities and procedures involved
  • Drafting the required documents
  • Certifying publicly the facts, acts and agreements that take place in front of him/ her

In the majority of cases individuals can choose their notary, although the notary can only act within his/her own district. The number of Notary offices within each town depends upon the population and the actual placing of the office itself.

Why do you need a notary?

Notaries are an important regulator who can guarantee that the documentation in Spain is correct and would be considered authentic and proven in court. Any document that needs to be entered in a registry, such as the land registry has to be signed in front of the Notary.

  • Marital status documents
  • Last wills and testaments
  • Marriage settlements
  • General contracts and agreements
  • Inheritance declarations and requests from heirs
  • The foundation, modification and separation of companies and partnerships
  • Loans, mortgages and other debts
  • Acquittals and the discharge of obligations
  • Any kind of power of attorney
  • Declaration of heirs where there is no will
  • Any kind of declaration or statement

What notary fees must I pay when buying property in Spain?

If you are buying a property in Spain then you will have to pay notary fees. The notary fees when you are buying property in Spain are one of the legal costs that you must pay. There are other such as land registry fees and solicitor’s fees, for which you should obtain a quote before you begin the purchasing process.

The amount the notary charges is prescribed by law and depends on numerous factors such as value of the property, number of pages of Title Deed as well as attachments incorporated in the deed, and generally could be between 600 € and 900 €. The Title Deed is inscribed at the Spanish Land Registry and the fee for this is usually around € 400, depending the exact amount on numerous factors.