Buying or selling property in Spain? Be careful — the notary doesn’t work like in France!
When starting a real estate project abroad, it’s easy to assume that the process will be similar to what we know at home.
However, in Spain, the notary’s role is quite different — and it’s essential to understand how.
Here, the notary is mandatory, but their job is limited to the essentials: authenticating the deed of sale and verifying its legal validity. There’s no personalized follow-up, no in-depth advice, and above all, no guarantee that everything has been checked beforehand.
So, what precautions should you take to avoid potential pitfalls? And who can guide you through a secure purchase process? Here’s everything you need to know before signing in Spain.
In a constantly evolving real estate market, understanding local specificities is the key to turning a project into a lasting and stress-free success.
How does the procedure with the Spanish notary work?
The Role of the Notary in Spain: What Are the Differences with France?
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Buying or selling real estate abroad always presents challenges — especially when it comes to understanding the role of the various professionals involved. Among them, the notary plays a key role, but their responsibilities differ significantly from country to country.
In Spain, as in France, the notary’s presence is required by law, yet their responsibilities and level of involvement differ on several key points. For both buyers and sellers, understanding these nuances is essential to avoid unpleasant surprises and to ensure a secure transaction.
A Mandatory but More Focused Role
In Spain, the notary is required only at the moment of signing the escritura pública (the official deed of sale).
Unlike in France, the Spanish notary does not participate in the negotiation phase or the preparation of the file beforehand. Their duties mainly focus on three aspects:
Verifying the identity of all parties involved in the transaction
Ensuring the legal compliance of the property (ownership, registration, and absence of debts or encumbrances)
Registering the sale with the Spanish Land Registry (Registro de la Propiedad)
In France, by contrast, the notary plays a much more comprehensive role: they draft the preliminary sales agreement (compromis de vente), gather all necessary administrative documents, and guarantee the legal security of the transaction. They act as an advisor and intermediary throughout the entire process.
Formalism and Limited Advisory Role
The Spanish notary is first and foremost a public officer whose duty is to ensure the legality of the act they certify. However, they do not have the same advisory obligations as their French counterparts. They do not negotiate, nor do they represent any of the parties specifically.
In practice, this means that:
If you are buying a property in Spain, it is strongly recommended to be assisted by a trusted lawyer or real estate agency to review all documents before signing.
This more formal and less protective approach requires buyers and sellers to exercise greater vigilance throughout the process.
Different Costs and Procedures
Notary fees in Spain are usually lower than in France, as they only cover the cost of drafting and registering the deed. On average, they range from 0.5% to 1% of the property’s sale price.
To these must be added other transaction-related costs such as taxes, legal fees, agency fees, and Land Registry expenses.
A notable difference is that the buyer usually chooses the notary, and the notary fees are shared between both parties. Buyers should also remember that property transfer taxes (Impuesto de Transmisiones Patrimoniales) typically amount to around 10% of the purchase price.
This freedom of choice allows you to select a responsive and competent professional — but it also requires proper due diligence to avoid unpleasant surprises.
A Modernized Notarial Practice
Spain has significantly modernized its notarial procedures in recent years.
Today, it is possible to sign a deed by proxy or even electronically, making the process much easier for foreign buyers.
This flexibility stands in contrast with France, where such procedures remain more tightly regulated and can take longer to arrange.
Conclusion
Buying property in Spain requires a clear understanding of the notary’s limited but crucial role. The Spanish notary remains an essential legal figure, yet their function is more formal than protective.
To secure your purchase, it is highly advisable to work with a trusted professional — a lawyer, real estate agent, or specialized advisor — who will ensure that every document is compliant before the final signing.
Taking this precaution will allow you to approach your real estate project in Spain with greater confidence and peace of mind.