What Is the Role of a Notary When Buying a Home in Spain?

By Vivi Real Estate | 10 de April de 2025 |

When it comes to buying property in Spain, one key player ensures the process is legally sound and properly executed: the notary. For many foreign buyers unfamiliar with the Spanish system, the notary's role may seem confusing at first. Unlike in some other countries, the notary in Spain isn't just a witness—they’re a public official responsible for validating and certifying real estate transactions.

Whether you're considering a vacation home, a retirement property, or a property investment Costa del Sol, understanding the role of the notary will help you navigate your purchase more confidently. In this guide, we’ll explain what notaries do, why they're essential, and how they fit into the broader property-buying process in Spain.

What Is a Notary in Spain?

A notary (notario) in Spain is a qualified legal professional appointed by the Spanish government. They act as impartial public officials whose main responsibility is to verify, authenticate, and register legal acts, especially those involving real estate transactions. Notaries ensure that all documents comply with Spanish law and that both parties in a transaction are aware of their legal rights and obligations.

They are not hired to act in your favor like a lawyer. Instead, their duty is to the law and the public. This impartiality is what makes their presence so valuable during property transactions.

Why Do You Need a Notary When Buying a Home?

The notary’s presence is mandatory when formalizing the property transfer. A property sale in Spain is not legally valid until the notary signs the public deed of sale (escritura pública de compraventa). Here's why that matters:

1. Legal Security: The notary ensures the property is free from debts, encumbrances, or legal issues that could affect your ownership.
2. Due Diligence: They verify the seller's identity, the legality of the transaction, and the accuracy of the property registry.
3. Official Registration: After signing, the deed is sent to the Land Registry to officially record your ownership.
   

When Does the Notary Get Involved?

The notary becomes involved toward the final stage of the property-buying process. By this point, you should already have a signed private purchase contract, a deposit paid, and your financing in place. Here's how the timeline generally looks:

1. Preliminary Steps:
   
   • Sign a reservation or deposit agreement.
   • Conduct due diligence with your lawyer or real estate agent.
   • Secure financing if needed.
     
2. Before the Notary Appointment:
   
   • Your lawyer or agent sends all documentation to the notary.
   • The notary reviews the property's legal status, including debts, ownership, and land registry records.
     
3. Day of Signing:
   
   • Both parties meet at the notary’s office.
   • The notary reads aloud the full deed (or summarizes it).
   • Both buyer and seller sign the deed.
   • The notary signs, making the sale official.
     
4. Post-Signing:
   
   • You pay applicable taxes, such as property tax in Málaga.
   • The deed is sent to the Land Registry.
   • You receive an official copy of the deed once the registration process is complete.

What Documents Does the Notary Handle?

The notary is responsible for drafting and overseeing several key documents, including:

• Escritura Pública de Compraventa (Public Deed of Sale): The main legal document that finalizes the transfer of ownership.
• Power of Attorney (if someone is signing on your behalf)
• Mortgage Deed (if financing is involved)
• Tax Declarations related to property tax in Málaga, VAT, or stamp duty
  

They also confirm the payment of ITP (Impuesto sobre Transmisiones Patrimoniales) for resale properties or VAT + Stamp Duty for new properties.

Does the Notary Calculate Your Property Taxes?

While the notary doesn’t directly calculate or collect your taxes, they play a role in ensuring tax obligations are understood and noted in the deed. This includes:

• Mentioning the amount of property tax in Málaga due at purchase.
• Recording if the seller has paid municipal taxes like the plusvalía.
• Including NIE numbers, payment methods, and fiscal representations for foreign buyers.
  

After the sale, it is typically your lawyer or tax advisor who ensures that all taxes are properly paid to the appropriate authorities.

What Are the Notary Fees?

Notary fees in Spain are regulated by law, and their costs are based on a sliding scale according to the value of the transaction. For property purchases:

• Fees typically range from €600 to €1,000+.
• You may also need to pay registration fees and legal fees separately.
  

These costs are usually paid by the buyer unless agreed otherwise. Make sure to include them in your total budget, especially if you're calculating your property tax in Málaga obligations as well.

Common Misconceptions About Notaries

Here are a few misunderstandings many international buyers have:

• “The notary protects me.”
  Notaries are neutral—they ensure the law is followed, not advocate for the buyer or seller.
• “I don’t need a lawyer if I have a notary.”
  False. The notary doesn’t do pre-purchase due diligence or advise you on potential risks. You still need a lawyer to protect your interests.
• “The notary handles everything after the sale.”
  Not quite. The notary helps register the sale but does not manage utility transfers, community fees, or future tax filings.
  

Buying Real Estate in Costa del Sol? Here’s What to Know

If you’re planning to buy real estate Costa del Sol, you’ll definitely deal with a notary when finalizing the transaction. Areas like Málaga, Marbella, Estepona, and Nerja have high levels of foreign investment, and the notarial system ensures legal transparency for both locals and international buyers.

Keep in mind: a clear understanding of the notary's function is especially important if your goal is long-term property investment Costa del Sol. Since your legal security is at stake, this step cannot be skipped or rushed.

Work with Professionals Who Understand the Process

The notary is an essential figure when buying property in Spain—but they are just one part of the puzzle. To make sure your purchase goes smoothly, it's smart to work with experienced professionals who understand the local market and legal procedures.

At Vivi Real Estate, we help foreign buyers manage the entire buying process—from property search and financing to notarial appointments and legal compliance. Our team will:

• Coordinate with trusted notaries and legal advisors
• Prepare all necessary documentation
• Ensure timely tax filing, including property tax in Málaga
• Support you with translations and fiscal representation
  

Whether you're looking for a holiday apartment or a long-term investment in the Costa del Sol, Vivi Real Estate ensures every step is clear, legal, and stress-free.

Ready to find your dream property in Spain?

Contact Vivi Real Estate today and let us guide you through the process with confidence.