The Notary Process in Spain: What Foreign Buyers Should Know

Buying a property in Spain is an exciting milestone, but for many foreign buyers, the notary appointment can feel like the most mysterious part of the process.

In Spain, the notary plays a key role in ensuring the transaction is legally valid and properly registered. Here’s a step-by-step guide to help you understand what happens at this important stage, and how to be fully prepared when buying your home in Mallorca.

The Notary Process in Spain: What Foreign Buyers Should Know

1. What Is the Role of the Notary in Spain?

Unlike in some countries, where the notary is a private lawyer for one party, Spanish notaries are public officials who act as neutral authorities. Their job is to verify that all legal requirements are met and that both parties understand the terms of the sale before signing the Escritura Pública de Compraventa (public deed of sale).

2. What Happens at the Notary Appointment

Here’s what typically takes place on the day of signing:

1. Verification of identity and documents – The notary confirms the identity of buyer and seller, checks the NIE, property registry extract (nota simple), and verifies that the property is free of debts, liens, or encumbrances.

2. Review of the public deed – The notary reads the entire contract aloud, ensuring all parties understand its contents.

3. Payment and keys – The buyer transfers the purchase funds, usually via banker’s draft (cheque bancario) or notary escrow account, and receives the keys to the property.

4. Signing the deed – Both parties, or their representatives under Power of Attorney, sign the Escritura.

5. Registration and taxes – The notary sends an electronic copy to the Land Registry (Registro de la Propiedad). Afterwards, the buyer must pay the corresponding transfer tax (ITP) or VAT (IVA) and register ownership officially.

3. Who Attends the Notary Appointment

Normally present are:

• The buyer (or their lawyer via Power of Attorney)

• The seller (or their representative)

• The notary

• The real estate lawyer or agent assisting the buyer

  
  

If you’re abroad or prefer not to travel, your lawyer can sign on your behalf through a Power of Attorney, ensuring the process is fully managed for you.

4. Documents You’ll Need

Before the notary appointment, you should have:

• Passport and NIE

• Proof of funds and bank details

• Draft of the purchase contract

• Energy Efficiency Certificate

• Latest property tax and utility bills

• Certificate of being up to date with community fees (if applicable)

  
  

5. Costs Involved

Notary fees depend on the property price and complexity but usually range between €600 and €1,000. Remember that after signing, you’ll also pay:

• ITP (6–11%) for resale properties, or IVA (10%) for new builds

• Land Registry fees

• Lawyer’s fees for due diligence and representation

  
  

6. After the Notary

Once signed, your lawyer will:

• Pay taxes within 30 days

• Register the deed in your name

• Ensure utility contracts are changed over

• Deliver your original Escritura once registered

  
  

Conclusion

The notary process is not just a formality, it’s what makes your purchase legally valid and protects your rights as a new property owner. If you’re buying in Mallorca, having a real estate lawyer to represent you and handle the documentation ensures the process is smooth, compliant, and stress-free, even if you’re abroad.

At Coast Projects, we guide foreign buyers through every step of the property purchase, from due diligence to signing at the notary.

Contact us to make your home purchase in Mallorca secure and effortless.