Not only is the involvement of a notary in the purchase process a legal requirement, it is an important factor in protecting you from fraud. For example, in Spain, when a debt is secured against a property, such as a mortgage or legal charge, that debt can be transferred to the new owner along with the property. One of the Notary’s roles is to ensure that the property is debt free at the moment of transfer (unless of course you have agreed to take the debt on, I will explain this in more detail when discussing mortgages). The Notary is responsible for drafting and authorising the public deed (escritura pública), which officially transfers the ownership of the property from the seller to the buyer and submitting the new ownership details to the “Registro” (Property Register). 

The Role of the Notary

The notary's primary duties include:

• Verifying the identity and legal capacity of the parties involved in the transaction
• Ensuring that the parties understand the content and implications of the deed
• Confirming that the property is free of any encumbrances or legal issues
• Ensuring that all necessary taxes related to the transaction have been paid
• Registering the change of ownership with the Land Registry (Registro de la Propiedad)

Contrary to what you may have read elsewhere, the Notary is not there to give you advice, only to ensure that the transaction fulfils all legal requirements and is properly documented and registered. The nature of the agreement is irrelevant to them, only its legality. For example, if you were paying well over the market value for a property that is registered as an animal shed - a transaction that is perfectly legal but extremely unadvisable - they will only ask you if the deed has been translated to you and you have understood it. 

Notary Fee Structure

Notary fees are regulated by the Spanish central government and are identical across all regions of Spain. There are a number of factors that influence the overall fee including the price of the property, whether it has a separate parking space (which will have its own deed) and the number of pages in the deed which can be increased by the inclusion of details about shared communal facilities. With so many variables able to affect the fee it is difficult to give accurate estimates.

As a general rule of thumb, you can expect to pay approximately 0.5% of the property purchase price in notary fees. However, keep in mind that this is an estimate, and the actual fees may vary depending on the specific circumstances of your transaction.

Responsibility for Paying Notary Fees

According to Spanish law, the seller is technically responsible for paying the notary fees unless otherwise agreed upon by both parties. However, in practice, it is normally the buyer who assumes this cost by contractual agreement. That being said, you should clarify who will be responsible for paying the notary fees early in the transaction process. Your lawyer can help you understand the local customs and negotiate with the seller if necessary.