UK buyers often picture the notary as a kind of conveyancing solicitor who handles the purchase for them. The Spanish notary is a different figure: a public official who serves both parties, and understanding their role properly avoids false expectations.
What the Spanish notary does
- They verify the identity and legal capacity of the seller and the buyer.
- They consult the Land Registry just before signing to check the property's status: owner, charges, mortgages.
- They draft and read out the title deed (escritura de compraventa), make sure the parties understand it, and authenticate it.
- They notify the Land Registry of the sale and pass on the tax information.
What they don't do
The Spanish notary guarantees legality; they are not a personal adviser. They do not check the condition of the building, do not check in depth whether an extension complies with planning rules, do not analyse the community of owners' minutes and do not negotiate anything for you. These essential checks must be done beforehand, by you or by the professionals supporting you.
The choice of notary is yours
A detail many buyers are unaware of: in Spain, it is traditionally the buyer who chooses the notary, since the buyer pays most of the fees. We work with notaries' offices in the area that are used to foreign buyers, which makes signing day run much more smoothly.
Remember the golden rule: in Spain, the notary validates a file, they do not build it. The file is built before they get involved.
