Signing at a notary (notaría) with limited Spanish

Terms used

• Escritura — The escritura is a deed signed before a notary, which gives a deal official legal form.
• NIE — The NIE is the foreigner's identity number used for property, tax and other official dealings in Spain.
• TIE — The TIE is the residence card issued to foreigners who live in Spain.
• Poderes — Poderes are powers of attorney, which let someone else act or sign for you.

Key rules

• Interpreter: If you do not speak Spanish, you must find and pay for the interpreter at a notary signing, because the notary does not provide one.
• Understanding: The notary must be satisfied that you understand the deed, and must explain its content and legal effects.
• Language: The Spanish text is normally the one that counts, and no general rule gives you a right to a contract in English.
• Document list: Ask the notary for the final list of documents for your deal before the signing day.

What the notary must do if you do not speak Spanish

The notary must be satisfied that you understand the deed before you sign. The deed is read aloud, or you read it yourself and waive the reading. The notary then explains what it says and what it legally means for you. Ask for anything unclear to be explained before you sign.

Who finds and pays for the interpreter

You do. If you do not speak Spanish, you must find and pay for the interpreter, because the notary does not provide one. Many people bring a lawyer, a gestor or an agent. The notary has to accept the person. The interpreter must translate faithfully and swear or promise to do so. The deed records that an interpreter was used.

Fees are agreed privately and vary, so settle the price before the day. Some notaries speak English and can explain the deed themselves, which may save you the cost. Ask when you book.

Can the deed be bilingual?

Often, yes. If the notary knows your language, the deed can be drawn up in two columns, Spanish and your language. You can also have a translation made and attached to the deed. Either way, the Spanish text is normally the one that counts unless the contract says otherwise, and no general rule gives you a right to a contract in English.

Which deals need a deed

You will need an escritura (a deed signed before a notary) for:

• buying or transferring property
• mortgages
• setting up a company or changing its statutes or capital
• wills
• inheritances
• poderes (powers of attorney), including a general one
• marital property agreements
• divorces by agreement
• donations of property

Most other contracts, such as ordinary rentals, services and loans, can be private. Confirm your case with the notary or a lawyer.

Witnesses

You normally do not need witnesses. They are needed only in specific cases, for example if a party cannot sign or is blind or deaf.

What to bring

Bring valid photo ID. As a foreigner, that is your passport and/or NIE, or your residence card (TIE). The documents list below sets out the supporting papers. Documents from abroad may need an apostille or legalisation and a sworn translation. The notary gives the final list for your deal, so ask for it early.

Documents you need

• Valid photo ID for each party: your passport and/or NIE (foreigner's identity number), or your residence card (TIE).

• If a company is involved, the company details and the representative's power of attorney.

• For a property purchase: the title deed, a recent land registry note, the IBI (local property tax) receipt, the community of owners' certificate showing no debts, and the energy performance certificate.

• Proof of payment of funds, such as banker's cheques, and proof of where the money comes from where required.

• Marital status or matrimonial regime information, and any mortgage documents.

• Foreign documents with an apostille or legalisation, plus a sworn translation (traductor jurado) into Spanish.

Checklist

• Ask the notary whether they speak your language or can draw up the deed in two columns.

• Agree the interpreter's fee with them before the signing, since you pay it.

• Check that the interpreter can translate faithfully and is ready to swear or promise to do so at the signing.

• Arrange a translation of the deed to attach to it, if you prefer to read it in your own language.

• Ask the notary for the full list of documents for your deal.

• Bring your passport, NIE or TIE, and the supporting documents for your deal.

• Ask the notary to explain anything you do not understand before you sign.

Frequently asked questions

Can the deed be written in both Spanish and English?

Yes, a deed can be drawn up in two columns, Spanish and your language, if the notary knows that language. If the notary does not know it, you can instead bring a translation of the deed, which is attached to it. Ask the notary early which option they accept.

Does the notary have to explain the deed if I do not speak Spanish?

Yes, the notary must be satisfied that you understand the deed before you sign. The deed is read aloud, or you read it yourself after waiving the reading, and the notary explains what it says and what it means for you. If the notary speaks your language, they can explain it directly.

Do I need witnesses at the signing?

No, witnesses are needed only in specific cases, such as when a party cannot sign or is blind or deaf. Not speaking Spanish does not by itself require witnesses.

Which deals need a notary deed instead of a private contract?

Property transfers, mortgages, company set-ups, wills, donations of property, inheritance acceptance and general powers of attorney need a deed. Ordinary sales of goods, rentals, services and loans can usually be private contracts, though you can still take them to a notary.