What happens at the Spanish notary on completion day

Terms used

• Escritura de compraventa — The escritura de compraventa is the public deed of sale that the notary authorises and the buyer and seller sign.
• Poder — A poder is a power of attorney that lets someone sign for you.
• Gestor — A gestor is an administrative agent who handles paperwork and registrations for you.
• Minuta — The minuta is the draft deed you can ask the notary's office for before signing.
• Copia simple — The copia simple is an unofficial copy of the deed given to the buyer after signing.
• Copia autorizada — The copia autorizada is the official authorised copy of the deed, issued later for registration.
• NIE — The NIE is the Spanish tax identification number for foreigners.
• AJD — AJD is stamp duty, a tax charged on certain legal documents such as deeds.

Key rules

• Mortgage draft deed: If your purchase includes a mortgage, you must have the draft deed at least 3 working days before signing.
• Free choice of notary: You can choose the notary, even if your lender or the developer suggests one.
• Ownership: Ownership passes when the deed is signed, unless the deed says otherwise.
• Representatives: Nobody can sign for you without a valid power of attorney granted before a notary.

The short version

On completion day the notary checks who everyone is, reads or explains the deed, records how the price was paid, and authorises the deed once everyone has signed. Ownership passes when you sign. The seller hands over the keys at the notary's office or right after, once the price is paid.

Who attends

The buyer and the seller sign the deed of sale (escritura de compraventa). Either of you can send a representative instead. A representative needs a valid power of attorney (poder) granted before a notary. A foreign power of attorney must be legalised or apostilled, and usually translated. The sale cannot be signed unless both sides, or their valid representatives, are present.

If you have a mortgage, a representative of the lender normally signs the mortgage deed in the same session. Someone from the lender may also attend if the seller's old mortgage is being cancelled.

You can also bring a lawyer, an estate agent, an interpreter or a gestor (an administrative agent who handles paperwork for you). An interpreter is a good idea if you do not understand Spanish well.

Choosing the notary

You have the right to choose the notary. On a resale without a mortgage, the parties usually agree on one near the property or the buyer's pick. If you have a mortgage, the lender may suggest one, but the choice is still yours. On a new build, the developer often proposes one, and your right to choose remains. The notary must have authority for the area where the deed is signed. The options are compared in the decision below.

Before the day: the draft deed

Ask the notary's office for the draft deed (minuta) by email or phone. Without a mortgage, no fixed period applies. In practice you get it one to three days before signing. Read it, or have a lawyer read it, and check the price, names, property description and any debts.

With a mortgage, you must have the draft deed at least 3 working days before signing. You must also attend the notary beforehand for the compulsory information session on the loan. The timeline below shows the order.

What happens in the room

1. The notary checks the identity and legal capacity of everyone present, and the powers of any representative.
2. The notary reads or explains the deed. This covers the price, charges, and warnings about taxes, debts on the property and the registry. The parties can agree to skip a full reading.
3. You confirm that you understand and agree.
4. The notary records how the price was paid, including the means of payment and any amount already paid. Check the cash limit in the checklist below before you plan any cash.
5. Everyone initials each page and signs the last page. The notary then authorises the deed with signature and seal.

You receive a simple copy (copia simple) of the deed. The authorised copy (copia autorizada) is issued later for registration. The notary may send the deed electronically to the property registry and the tax office.

Keys and ownership

Signing the public deed counts as delivery of the property. Ownership passes at signing unless the deed says otherwise. Expect the keys at the notary's office or right after, once the price is paid. Then transfer the utilities into your name. You must also register the deed with the property registry.

What to bring

The documents list and the checklist below show what you and the seller need. Bring your ID and your Spanish tax number (NIE if you are a foreigner).

Who pays the notary

By law the seller pays the notary fees for the sale deed unless you agree otherwise. In practice buyers usually pay the notary and registry fees for the sale and registration. Fees follow a regulated tariff, and the buyer pays transfer tax or VAT and AJD on top. On a mortgage deed, the lender pays the registry, the gestoría and most of the notary costs of the mortgage, and you pay the property valuation. Agree who pays what before the day.

Choosing between options

Which notary should you use for the deed?

• Pick your own notary: You want a notary close to the property or one you already trust. This is the usual route for a resale without a mortgage.

• Accept the notary your lender suggests: You have a mortgage and the suggested notary suits you. The choice is still yours, so you can decline.

• Accept the notary the developer proposes: You are buying a new build and are happy with the proposal. You can still ask for a different notary.

The choice of notary is yours as the buyer, whoever suggests one. Whichever you pick, the deed can only be signed before a notary with competence in the territory.

Timeline and deadlines

• Ask the notary's office for the draft deed (minuta) if you are paying without a mortgage: usually 1 to 3 days before signing (earliest 3 days before completion date; latest 1 days before completion date)

• Attend the notary for the compulsory information session on your mortgage: before the day of signing

• Sign the deed at the notary and receive the keys once the price is paid: on completion day, at or right after signing (recommended on completion date)

Documents needed at the notary, including foreign ones

Documents needed at the notary

• Buyer: valid photo ID (DNI, passport or foreign residence card) and a Spanish tax number (NIE for foreigners; NIF for a company, with proof of representation).

• Seller: valid ID (DNI, NIE or passport) and the title deed (escritura de propiedad).

• Seller: the latest IBI (property tax) receipt and a community of owners certificate showing no debts and the current fees.

• Seller: a valid energy certificate, the registry note (nota simple), and the cédula de habitabilidad (habitability certificate) where your region requires it.

• Seller: the cancellation deed or certificate for any mortgage or other charge, plus utility bills and the first occupation licence if they apply.

• Married or partnered buyer: your marital status and property regime; the notary may ask foreigners for a marriage certificate, and a pre- or post-nuptial agreement can be shown.

• Foreign marriage certificate or similar public document, with an apostille (or legalisation). EU documents may not need the apostille.

• Foreign-language documents, including a power of attorney: a sworn translation (traducción jurada) if the notary does not know the language or asks for it.

• Power of attorney signed before a foreign notary: an apostille if the country is in the Hague Convention, otherwise consular legalisation unless a treaty exempts it. A power signed at a Spanish consulate needs neither.

• An interpreter who signs the deed, if you do not understand Spanish. You pay for them. A bilingual deed is possible if the notary knows your language.

What to bring and confirm on completion day

• Bring your valid photo ID: a passport or foreign residence card, or a DNI if you are Spanish.

• Bring your NIE (the Spanish tax number for foreigners). The notary cannot sign without it.

• Bring the bank cheques or proof of the transfer for the price, with the account and bank details the notary will write in the deed.

• Check the cash limit before you plan any cash payment: the limit is 1,000 euros, and the notary records how you pay.

• Be ready to say your marital status and, if married, your matrimonial property regime and your spouse's name.

• Be ready to answer the notary's questions about your job or business and where the money comes from.

• Bring the authority documents for anyone signing for you, such as a power of attorney, or for a company buyer its tax number and proof of who represents it.

• Arrange an interpreter if you do not understand Spanish well.

• Listen to the notary read or explain the deed, and check the price, the charges and the parties' names before you agree.

• Initial each page and sign the last page, then ask for your copy of the deed (copia simple).

Frequently asked questions

Who pays the notary fees when I buy a resale home?

By law the seller pays the notary fees for the sale deed unless you agree otherwise, but in practice buyers usually pay the notary and registry fees. The fees follow a regulated tariff, and you pay the transfer tax or VAT and stamp duty on top.

Can I choose the notary myself?

Yes, you can choose your own notary, even when a mortgage or a new-build developer suggests a different one. The notary must be competent in the territory where the deed is signed.

When do I get the keys and become the owner?

You become the owner when the deed is signed, unless the deed says otherwise, and the seller hands over the keys at the notary's office or right after signing, once the price is paid. After that, transfer the utilities into your name.

Who else can come with me to the notary?

Yes, you can bring a lawyer, an estate agent, an interpreter or a gestor (an administrative agent) with you, as they are optional.