How Does the Spanish Notary Work When Buying a Property?

Buying a property in Spain is an important step for many Dutch buyers. Whether you are looking for a second home on the Costa del Sol, planning to live in Marbella, searching for an apartment on the Costa Blanca, or considering a property in a quieter village, the buying process differs from the one in the Netherlands in several ways.

One important part of buying property in Spain is the notary. The Spanish notary, known as a notario, plays an essential role in officially recording the property purchase. However, it is important to understand that a Spanish notary does not have the same role as a Dutch notary.

In this article, we explain what the Spanish notary does, when you need to visit the notary, which documents are checked, and what costs you can expect.

What Is the Role of a Notary in Spain?

When buying a property, the Spanish notary prepares the official escritura pública de compraventa. This is the official notarial deed that legally records the sale.

The notary checks the identities of the people involved and ensures that the deed is correctly prepared and signed. Important information about the property and the purchase is also included in the document.

However, the notary is not your personal property-buying adviser. They do not automatically represent the buyer's interests. Therefore, it is important to have the property checked by yourself or through an independent professional to make sure it is legally and financially suitable for purchase.

This is an important difference that Dutch buyers should understand before purchasing property in Spain.

What Does the Spanish Notary Check?

Before the purchase deed is signed, several details and documents must be available. These include information about the property, its owner, and any existing mortgages or other registered charges.

The notary checks several important details, including:

• The identities of the buyer and seller.

• The ownership details of the property.

• Information recorded in the Spanish Land Registry.

• Any existing mortgages or other registered charges.

• The property's cadastral details.

• The agreed purchase price.

• The terms and conditions of the transaction.

• The payment method.

• Certain tax obligations.

The main agreements relating to the purchase are also recorded in the deed.

However, visiting the notary does not automatically mean that every possible problem with a property has been identified or resolved. An additional legal and technical inspection before signing is therefore strongly recommended.

When Do You Visit the Notary?

The notarial signing usually takes place towards the end of the property-buying process.

Before the appointment, several steps will normally have been completed. For example, you may have viewed a property, negotiated the purchase price, and signed a reservation agreement or a contrato de arras, which is a preliminary purchase contract.

After that, the necessary checks are carried out, and financing is arranged if you need a mortgage.

Once everything is ready, an appointment is scheduled with the notary to sign the final purchase deed.

On the day of completion, the buyer and seller, or their authorised representatives, attend the appointment. After the deed is signed and the payment is completed according to the agreed terms, the property is officially transferred.

What Is the Escritura Pública?

The escritura pública de compraventa is the official notarial deed that documents the sale of the property.

It contains important information about the transaction, including:

• The buyer and seller.

• Details of the property.

• The agreed purchase price.

• The payment terms.

• Any relevant mortgage details.

• Declarations made by the parties involved.

• Other relevant conditions of the sale.

After signing, the deed is used for the further administrative processing of the purchase and the registration of the new owner.

For Dutch buyers, this is an important moment because the property transaction is officially documented through the notarial deed.

Do You Need to Speak Spanish at the Notary?

Not necessarily. If you are a Dutch buyer and do not speak enough Spanish to understand the contents of the deed fully, arrangements must be made to ensure that you understand its legal meaning before signing.

In certain circumstances, a sworn interpreter may be required. You may also use a power of attorney if you authorise someone to act on your behalf.

The most important rule is simple: never sign legal documents that you do not understand.

Having a Dutch-speaking property adviser can therefore be extremely helpful throughout the buying process, especially if you are unfamiliar with Spanish property laws and procedures.

Buying Property on the Costa del Sol

The notarial procedure is broadly similar across different parts of Spain. However, practical circumstances can vary depending on the region and the type of property.

For example, buyers who want to buy a house in Estepona will find a property market that attracts many international buyers. Estepona is popular among Dutch buyers and other international residents because of its coastal location, pleasant climate, and wide selection of apartments and villas.

If you are looking to buy a house in Estepona, Spain, it is important to consider not only the property itself but also its legal and administrative status.

A Dutch estate agent in Estepona can help make the buying process easier to understand and guide you through the different steps leading up to the notarial appointment.

Good guidance is also important for buyers searching for a house for sale in Jávea. Jávea, also known as Xàbia, offers a varied property market and attracts many international buyers. An experienced estate agent in Jávea can help you find a suitable property and understand the local market.

What If You Need a Mortgage in Spain?

If you are financing all or part of your property purchase with a Spanish mortgage, your financing must be properly arranged before the final signing. The bank will assess your financial situation and the value of the property, among other factors.

Mortgage interest rates in Spain can vary depending on the bank, mortgage type, repayment period, and your personal circumstances. It is therefore sensible to compare different financing options before making a decision.

Would you like to know your potential monthly mortgage payments in advance? You can calculate your Spanish mortgage payments based on the loan amount, interest rate, and repayment period.

When a purchase involves a mortgage, the arrangements between the buyer, bank, and seller must be properly coordinated. If the mortgage is established at the same time as the property purchase, the relevant mortgage details will be included in the official deed. You can find more information on our page about obtaining a mortgage in Spain.

What Are the Costs Associated With the Notary?

Notarial fees are only one part of the total cost of buying a property in Spain.

When purchasing property, you should budget for several additional costs and taxes. The exact amounts depend on factors such as the type of property and the region where it is located.

These costs may include:

• Notary fees.

• Property registration fees.

• Transfer tax on existing properties.

• VAT and, where applicable, stamp duty on new-build properties.

• Legal fees.

• Mortgage and bank charges, where applicable.

• Fees for a gestor, an administrative professional.

• Costs for technical or legal inspections.

It is therefore advisable to obtain a complete breakdown of the expected costs before making an offer.

A property that initially appears affordable may ultimately cost considerably more once all additional expenses are included.

What Is the Difference Between a Notary and an Estate Agent?

A notary and an estate agent have different responsibilities. An estate agent can help you find a property, negotiate the purchase price, and manage the buying process. The notary, on the other hand, performs an independent legal function and officially records the transaction.

For example, if you are looking for an apartment for sale in Altea, Spain, an estate agent can first help you explore the available properties. Altea offers both existing homes and new-build developments.

For buyers interested in new-build properties in Altea, there may be additional considerations compared with purchasing an existing home. These can include building permits, completion dates, warranties, and payment schedules.

If you are researching estate agents in Altea, it is worth looking beyond the available properties and considering the agent's experience and ability to guide you throughout the entire buying process.

Why Is Independent Guidance Important?

The Spanish notary ensures that the purchase is officially documented. However, the notary is not responsible for representing your interests exclusively throughout the entire buying process.

This is why many international buyers choose to obtain additional independent guidance.

Such support can be particularly valuable when:

• Checking ownership details.

• Identifying outstanding debts or charges associated with the property.

• Reviewing permits and licences.

• Checking building and technical information.

• Reviewing contracts.

• Checking payment terms.

• Managing the property transfer.

For Dutch buyers, receiving guidance in their own language can also remove much of the uncertainty surrounding the process.

This is important not only in well-known coastal destinations but also when purchasing property in smaller towns and villages. An estate agent in Benaoján, Spain, an estate agent in Alfarnatejo, Spain, an estate agent in Benalauría, Spain, or an estate agent in Atajate, Spain, may have local knowledge that international buyers would otherwise find difficult to obtain.

The Notary When Buying Property in Marbella

Marbella is one of Spain's best-known property markets. Whether you are planning to live in Marbella, purchase a second home, or invest in Spanish real estate, the same basic principles of the Spanish buying process apply.

However, properties in the higher price range may require additional attention. Luxury villas and apartments can involve complex ownership structures, planning permissions, shared facilities, or financing arrangements.

A Dutch estate agent in Marbella can help Dutch buyers assess available properties and navigate the purchasing process.

Ultimately, the notary remains responsible for preparing and formalising the official notarial deed. Nevertheless, thorough preparation before the appointment is just as important.

Which Documents Do You Need?

As a buyer, you will need several documents to complete the purchase successfully. One important document is the NIE number, which is the Spanish identification number for foreigners. In many situations, this number is necessary when purchasing property in Spain.

If you do not yet have an NIE number, it is advisable to start the application process well in advance.

Depending on your circumstances, you may also need a valid passport, proof of payment, bank details, and documents relating to a mortgage.

If you are purchasing the property through a power of attorney, the relevant authorisation documents must also be correctly prepared.

What Happens After Signing at the Notary?

Signing the purchase deed does not mean that the entire process is finished.

The property must be registered administratively in the name of the new owner. Any applicable taxes and other costs must also be paid.

In addition, utility services and other contracts may need to be transferred to your name. These can include electricity, water, internet, and insurance.

If you are buying a second home, it is also important to consider how the property will be managed when you are not living in Spain permanently.

This is one reason why professional guidance can remain valuable even after the notarial transfer has been completed.

What About Taxes for Dutch Property Owners in Spain?

If you own a property in Spain, both Spanish and Dutch tax rules may apply. The exact tax implications depend on your personal circumstances, how you use the property, where you are considered a tax resident, and whether you earn rental income.

Developments such as a new tax treaty between Spain and the Netherlands may also be relevant to Dutch owners of Spanish property. If you are purchasing a home with the intention of moving to Spain or emigrating in the future, it is sensible to discuss the potential tax consequences with a qualified tax adviser beforehand.

Your future retirement plans may also play a role. Topics such as the retirement age in Spain and the Dutch AOW state pension age are relevant if you are considering moving to Spain after finishing your working life.

The Spanish Notary: Important, but Not the Only Step

The notary is an essential part of the Spanish property-buying process. The notarial deed officially documents the sale and records the main agreements in a legally recognised form.

However, a safe property purchase begins well before the appointment with the notary.

Before signing, make sure that the ownership details have been checked, any outstanding charges have been identified, the property has the necessary permits, and all the terms of the purchase contract are clear.

Whether you are buying an apartment on the coast, looking for a villa in Marbella, considering a new-build property in Altea, or searching for a quieter home in Andalusia, proper preparation can help prevent problems later.

At Hibaroo, we help Dutch buyers throughout the property-buying process in Spain. From finding a suitable home and negotiating the price to arranging checks and providing guidance before the notarial transfer, we help make the process clearer and easier to manage.

Are you planning to buy a house in Spain and want to understand which steps you should take before the notarial transfer? Contact Hibaroo for independent guidance in Dutch.

➡️ Read our blog: Mortgage for a House in Spain: What Dutch Buyers Need to Know