What is a notary in Spain? A complete guide for buyers

When buying property in Spain, especially if you’re an international buyer, you may come across the term “notary”. But what exactly does a notary do, and why are they so important in Spanish real estate transactions? This guide explains everything you need to know.

Who is a notary in Spain?

In Spain, a notary (notario) is a highly trained legal professional authorised by the state to oversee and certify legal documents. Unlike in some countries, notaries in Spain are neutral and impartial, ensuring that all parties in a transaction understand their rights and obligations. They play a crucial role in safeguarding property purchases and other legal agreements.

Is a notary the same as a solicitor?

It’s important to understand that a Spanish notary is not the same as a solicitor or lawyer in the UK. While solicitors can represent clients and offer legal advice, notaries in Spain act as impartial public officers. Their role is to certify documents, ensure legal compliance, and protect all parties in a transaction. They do not represent either the buyer or the seller, so you may still want to hire a lawyer for additional guidance, especially for complex purchases.

The role of a notary in real estate transactions

Notaries in Spain are essential when buying or selling property. Their responsibilities include:

1. Verifying identities and legal capacity
   Notaries confirm that all parties involved are legally able to buy or sell property and that identification documents are valid.
2. Checking property titles
   They ensure that the property has a clear title, free of debts, mortgages, or legal disputes.
3. Drafting the public deed (Escritura Pública)
   The notary prepares and reads aloud the Escritura Pública, the official document that finalises the sale. This document is then signed by both parties.
4. Ensuring legal compliance
   Notaries confirm that the transaction follows Spanish law and that all taxes and fees are correctly calculated.
5. Registering the property
   After signing, the notary can facilitate the registration of the property at the Registro de la Propiedad (Property Registry), making the purchase legally recognised.

Why a notary is important for buyers in Spain

Working with a notary provides security and peace of mind. They ensure:

• The property is legally owned by the seller.
• The sale is fair and binding.
• There are no hidden debts or legal complications.
• Taxes and fees are properly handled.

In short, a notary protects both buyers and sellers, making them a crucial part of any property transaction in Spain.

Costs associated with a notary

But how much does a notary cost in Spain? Notary fees in Spain are regulated by law and usually range from 0.1% to 0.5% of the property price, depending on the complexity of the transaction. While it may seem like an additional expense, their service ensures your purchase is secure and legally valid.

For more on property buying costs in Spain, check out our complete guide for 2026 house purchases. 

Choosing the right notary

While you can select any notary, many buyers choose one recommended by their lawyer or real estate agent. Make sure your notary has experience with international buyers if you are purchasing property as a foreigner.

In Spain, a notary is much more than just a witness; they are a legal safeguard for property transactions. Whether you are buying a villa on the Costa del Sol or an apartment in Madrid, working with a qualified notary ensures your investment is secure and legally recognised.