Notary and Lawyer in Spain: Why You Need Both and What They Cost

You are ready to buy a house in Spain. You have your NIE number , your budget is clear, and you have found a property that seems perfect. Then you hear that you need both a notary and a lawyer. Wait a minute – aren't those the same thing? And why do you need both if you are just buying a house?

This is a question we constantly hear from Dutch buyers. In the Netherlands, when buying a house, you mainly think of the notary. But in Spain, it works differently. The notary and the lawyer have completely different roles, and both are essential for a safe purchase. Let's explain exactly what each does, why you need both, and what it costs.

The Big Difference: Notary in Spain vs. The Netherlands

In the Netherlands, the notary is an independent party who protects both parties and performs all legal checks. You trust the Dutch notary to thoroughly check everything—debts, property rights, mortgages, everything.

In Spain, it works fundamentally differently. The Spanish notary (notario) is a government official whose main task is to verify the identity of the parties and make the transfer legally valid. The notary ensures that the signatures are authentic, that the contract complies with Spanish law, and officially registers the transfer.

However, the Spanish notary does not actively check whether:

• The property truly belongs to the seller

• There are debts on the property

• The house was built legally in accordance with permits.

• All municipal taxes have been paid

• There are mortgages or other encumbrances on it

This comes as a shock to many Dutch buyers. You think the notary protects you, but in Spain, that is not their role. That is why you need a lawyer.

What Does a Lawyer Do During the Purchase?

An independent lawyer is your protector during the buying process. This is what a good real estate lawyer does for you:

Property verification (due diligence): The lawyer checks with the Land Registry (Registro de la Propiedad) whether the seller is actually the owner and whether the property is free of encumbrances. This sounds obvious, but there are cases where people bought homes from someone who was not even the real owner.

Debt check: The lawyer verifies whether there are any outstanding debts on the property – mortgages, community fees, property tax, or other charges. If you buy a home with debts, these may, in some cases, transfer to you as the new owner.

Building permits and legality: One of the most important checks. The lawyer verifies whether everything that has been built is legal according to the building permit. Many homes in Spain have illegal additions – an extra bedroom, an extended veranda, or a swimming pool without a permit. If this is not discovered before the purchase, you may be forced to demolish it later, which can cost tens of thousands of euros.

Municipal plans: The lawyer checks whether there are future development plans that could affect your home. Imagine buying a quiet villa, and later discovering that a highway is planned 100 meters away.

Contract review: Before you sign anything—a reservation contract, preliminary contract, or final contract—your lawyer checks the terms and conditions. Are the agreements fair? Are there hidden clauses? Is the property description accurate?

Tax advice: A lawyer can advise on the tax structure of your purchase. Are you buying as a private individual or through a company? What are the tax implications? This could save you thousands of euros.

Present at the notary: Your lawyer is present at the signing of the notarial deed and checks all documents before you sign. If anything is incorrect, he intervenes immediately.

All of this costs money, but it is an investment in security. A lawyer costing €2,000 can protect you against problems that cost €50,000 or more to solve.

What Exactly Does the Notary Do?

The Spanish notary has a different, but also essential role:

Identity verification: The notary verifies that the persons signing are indeed who they claim to be. Passports, NIE numbers, powers of attorney – everything is verified.

Contract legality check: The notary ensures that the contract complies with Spanish law. If it contains clauses that are illegal, the notary refuses to sign it.

Explanation of the contract: The notary reads the entire contract aloud and explains what you are signing. This takes place in Spanish, unless an interpreter is present.

Registration: After signing, the notary registers the transfer of ownership with the Land Registry. This officially makes you the new owner.

Tax handling: The notary ensures that the correct taxes are paid upon the transfer – transfer tax or VAT, depending on the type of property.

The notary is neutral – he does not work for you or the seller. He works for the Spanish state to ensure that everything proceeds legally and correctly. However, he does not actively protect your interests, and that is precisely why you need a lawyer.

Horror Stories From Buyers Without a Lawyer

To illustrate why a lawyer is essential, here are some real scenarios we have seen:

The swimming pool that had to be demolished: A Dutch couple bought a beautiful villa with a swimming pool for €450,000. Afterwards, it turned out the swimming pool had been built illegally without a permit. The municipality demanded demolition. Costs: €15,000 for demolition plus a huge decrease in the property's value.

The debt that transferred: A buyer signed at the notary without a lawyer. It later emerged that there were €12,000 in outstanding community fees. According to Spanish law, this debt can transfer to the new owner. The buyer had to pay.

The Non-existent Owner: Someone bought an apartment and paid a down payment of €30,000. Upon further investigation by a lawyer (engaged too late), it turned out the seller was not the owner at all. It was fraud. The money had already been transferred to a foreign account and was never recovered.

The planned highway: A couple bought a quiet rural villa. Six months later, construction began on a provincial road 50 meters away. The value of the home halved. A lawyer had discovered this during a simple check of municipal plans.

These are not exceptions. This happens regularly. And each of these situations could have been prevented by hiring a lawyer costing €1,500-€2,000.

Costs of Notary and Lawyer

Let's be honest about the costs, because this is important for your budget.

Notary fees: €600-€1,500 depending on the value of your home. For a home worth €250,000, you will pay approximately €800-€1,200. This rate is regulated by law, so all notaries charge roughly the same. You cannot choose the notary – in practice, the seller or their real estate agent chooses the notary.

Legal fees: €1,500-€2,500 for a standard home purchase. Dutch-speaking lawyers often charge slightly more (€2,000-€2,500) but eliminate language barriers and understand the challenges Dutch buyers face. For more complex transactions (commercial real estate, corporate structures), costs can rise to €3,000-€5,000.

You choose the lawyer yourself, and quality varies enormously. The cheapest lawyer is not always the best choice. An experienced real estate lawyer who knows the local market is worth their weight in gold.

Total legal costs: Expect €2,500-€4,000 for notary and lawyer combined. This is in addition to the other purchase costs we discussed earlier.

Dutch-speaking Lawyer: Worth the Extra Cost?

Many Dutch buyers wonder whether they should choose a Dutch-speaking lawyer or if a Spanish-speaking lawyer with English is sufficient.

Benefits of a Dutch-speaking lawyer:

Do you really understand what it says? Legal documents are complex. A lawyer who can explain the meaning of clauses in Dutch ensures that you truly understand what you are signing.

Cultural knowledge: Dutch-speaking lawyers understand the challenges Dutch buyers face. They know what questions you have before you ask them.

Direct communication: You can call and email in your own language. No misunderstandings, no frustration over language barriers.

Knowledge of both systems: They understand the difference between the Dutch and Spanish legal systems and can explain this clearly.

Disadvantages:

Higher costs: €200-€500 more than a Spanish lawyer. However, this is a small premium for peace of mind and clarity.

Fewer local lawyers: In some smaller areas, there are no Dutch-speaking lawyers available, so you have to hire someone from another region.

Our experience at Hibaroo is that the majority of Dutch buyers prefer a Dutch-speaking lawyer. The extra costs are minimal compared to the total purchase, and the peace of mind is well worth it.

How Do You Choose a Good Lawyer?

Not all real estate lawyers are created equal. Here are criteria to look out for:

Specialization in real estate: Choose a lawyer who focuses specifically on real estate law, not a general lawyer who occasionally handles a house.

Experience with international buyers: A lawyer who regularly works with foreign buyers understands your situation better.

Membership of the Colegio de Abogados: All serious lawyers are registered with the Spanish Bar Association. Ask for their registration number.

Clear cost estimate in advance: A reliable lawyer provides a clear overview of the costs beforehand. No hidden fees afterwards.

Independence: The lawyer must work for you, not for the seller or real estate agent. Some real estate agents "recommend" a specific lawyer – be careful. It is better to choose your own lawyer.

References: Ask for references from previous Dutch clients. A good lawyer has no problem with this question.

At Hibaroo, we only work with lawyers who meet all these criteria. We connect you with reliable, experienced lawyers who put your interests first, not the seller's.

When Do You Hire a Lawyer?

The short answer: as early as possible. Ideally, before you even make an offer.

Before making an offer: A lawyer can inspect the property before you make an offer. If there are major problems (illegal construction, debts), you will know this before you become emotionally invested.

Regarding the reservation contract: Absolutely before you sign any contract whatsoever. Even a simple reservation contract can be binding and contain unpleasant clauses.

Regarding the down payment: Never pay a down payment before your lawyer has given the green light. If there are problems, your money is gone.

The biggest mistake we see is that people only hire a lawyer just before the notarial deed, as a formality. By that time, contracts have already been signed, the down payment has been made, and if problems arise, it is too late to back out without financial damage.

Start early. A lawyer who thinks along with you from the start can not only protect you but also advise you on negotiation and strategy.

How Hibaroo Connects You With the Right Legal Professionals?

Buying a house in Spain requires various experts – and the right legal guidance is paramount. At Hibaroo, we have built a network of reliable, experienced lawyers through 20+ years in the Spanish real estate market.

We match you with lawyers who suit your situation – Dutch-speaking or bilingual, specialized in your region (Costa del Sol or Costa Blanca), and with experience in the type of transaction you are undertaking. Whether you are buying an apartment, a villa, new construction, or existing property – we ensure you have the right legal partner.

We also coordinate between all parties. Your lawyer, the notary, the bank if you have a mortgage , and we as your real estate agent work closely together to ensure that everything proceeds on time and according to plan.

Most importantly: we only work with lawyers who are independent and put your interests first. No hidden agreements, no commissions that influence objectivity. Just honest, professional legal guidance.

Conclusion: Legal Assistance is Not a Luxury, It is Essential

A notary and a lawyer are not the same, and you need both for a safe home purchase in Spain. The notary makes the transfer official and legal. The lawyer protects you against hidden risks and problems.

Yes, it costs €2,500-€4,000 extra. But this is a fraction of your total investment and can protect you against problems that cost ten times as much. Every Dutch buyer who purchased without a lawyer and had problems says the same thing afterwards: "I should have just hired a lawyer."

Ready to start your Spanish buying journey with the right guidance? View our current property listings or contact us to discuss how we can help you with the entire process, including connecting you with the right legal professionals.

Your Spanish dream home is waiting for you – and with the right legal protection, you can take the step with confidence.