Lawyer, notary, gestor and registrar: who does what

Terms used

• Escritura pública — The escritura pública is the public deed of sale, authorised by a notary, that formally transfers the property.
• Registrador — The registrador is the public official who runs the Property Registry and records property transfers.
• Nota simple — The nota simple is a short registry extract showing a property's owners, charges and debts.
• Gestor — A gestor is a licensed administrative agent who files paperwork with public offices for you.
• Arras — The arras contract is a deposit agreement signed before the deed, which sets what happens if either side withdraws.
• ITP — ITP is the regional transfer tax paid when you buy a resale property.
• AJD — AJD is stamp duty, a tax on the public deed, paid alongside VAT on new homes.
• IBI — IBI is the yearly local property tax paid to the town hall.

Key rules

• Notary: The notary is neutral and does not look after your interests or check the property's condition.
• Your lawyer: Hire your own independent lawyer, not one shared with the seller.
• Registrar: The registrar records title and protects good-faith buyers who register, but not against every problem.
• Gestor: A gestor handles filings and paperwork, not legal advice on the title.

The short version

Four professionals touch your purchase, and only one of them works for you. The notary is neutral. The registrar records who owns the property. The gestor handles paperwork. Your own lawyer is the only one who checks the deal in your interest.

The notary: neutral, not on your side

The notary is a public official who authorises the escritura pública, the deed of sale. They check who the parties are and that they have legal capacity. They explain what the deed says, check that the contract is legal and that everyone agrees freely, and record how the price was paid. They also report to the tax authorities and the anti-money-laundering authorities.

What the notary does not do:

• inspect the property's physical condition
• check its value
• act as your advocate
• guarantee there are no hidden defects or debts beyond what the registry note shows

Do not treat "the notary approved it" as a check on the deal.

The registrar: records title

The registrador is a public official who reviews whether the deed is legal and what state the title is in. They then enter (inscribe) the transfer in the Property Registry. On request they issue certificates and the nota simple, a short extract showing owners and charges.

Registering does not create your ownership, but it protects you strongly. Registered rights are presumed to exist and be accurate. A good-faith buyer who registers is protected against unregistered claims and hidden defects in the seller's title.

The protection has limits. It does not cover physical or boundary mistakes, planning problems, some legal charges that bind without being registered, or a buyer acting in bad faith. It does not guarantee the Catastro description or area either.

The lawyer: your own adviser

Hire an independent lawyer who works only for you. A lawyer is not mandatory, but nobody else on this page checks the deal for you.

Your lawyer typically:

• reviews the title, the nota simple, charges and debts
• checks planning and licence status, and any debts owed to the community of owners
• reviews the contract and negotiates the deposit or arras contract
• checks the mortgage terms
• attends the signing
• often handles taxes and registration too

Lawyers answer to their provincial bar association and must keep your information confidential and avoid conflicts of interest. One lawyer acting for both buyer and seller is generally barred, and it is rare in practice. Do not share the seller's lawyer.

The gestor: paperwork, not legal advice

A gestor administrativo is a licensed administrative agent. After signing, a gestor typically:

• files the transfer tax (ITP), or VAT and stamp duty (AJD), return with the regional tax office
• files the deed for registration
• arranges the Catastro and local tax (IBI) changes
• transfers utility contracts

A gestor does not give legal advice on the title. If a question is about whether the property is safe to buy, ask your lawyer.

How to use them

Bring in your lawyer before you pay any deposit. Let the lawyer's checks finish before you sign at the notary. Afterwards, either your lawyer or a gestor can do the filings. The documents and questions below cover what you will be handed along the way.

Documents you need

• Public deed of sale (escritura pública), authorised by the notary, who checks the identity and capacity of the parties and records how the price was paid.

• Registry extract (nota simple) on the property, issued by the Property Registry, to check owners, charges and debts before you sign.

• Registry certificate, issued by the registrador on request, if you want a formal certificate of the property's status instead of a simple note.

• Deposit or arras contract, negotiated by your lawyer, if you pay a deposit before the deed.

Frequently asked questions

Does the notary check the property for hidden debts or defects?

No, the notary does not check the property for hidden defects or debts beyond what the registry note shows. The notary does not inspect the physical condition or check the value either. Your own lawyer should check the title, charges and debts before you sign.

Is a lawyer mandatory when buying a home in Spain?

No, a lawyer is not mandatory for a purchase, but it is wise to hire one who works only for you. Acting for both buyer and seller is generally barred and rare in practice. Choose a lawyer who is a member of the provincial bar association (Colegio de la Abogacía).

Can a gestor give me legal advice on the title?

No, a gestor does not give legal advice on the title the way a lawyer does. A gestor is a licensed agent who handles paperwork, such as tax returns, registration of the deed, Catastro and IBI changes, and utility transfers. Ask your lawyer to check the title and let the gestor do the filing.

Does registering the deed protect me from every problem with the property?

No, registration gives strong protection to a good-faith buyer, but it does not cover everything. It does not protect against physical or boundary mistakes, planning problems, certain legal charges that bind without registration, or bad faith.