What a Spanish notary (notario) does and when you need one

Terms used

• Escritura pública — The escritura pública is a deed signed before a notario. It is a public document needed for property sales, mortgages and company set-up.
• Acta — The acta is a notarial record of a fact or event, such as a statement or a meeting.
• Arancel — The arancel is the official fee schedule that sets what notaries may charge.
• Colegio Notarial — The Colegio Notarial is the regional professional body that supervises notaries in its area.

Key rules

• Property and mortgages: A property sale and a mortgage both need a notarial deed.
• Rental contracts: A rental contract does not need a notario, but you should have it in writing.
• Free choice: You choose your notario, even when a bank or developer suggests one.
• Fees: Notary fees follow an official fee schedule, so ask for an estimate in writing.

What a notario does

A notario is a public official and a licensed lawyer. The State gives the notario the power to make documents official. The notario checks who you are, that you have the legal capacity to sign, and that you agree freely and understand what you sign. The notario also checks that the act is legal and gives impartial advice to both sides.

The documents a notario signs off are public documents. The two main kinds are the escritura pública (a deed) and the acta (a record of a fact or event). They are presumed authentic. Many can also be enforced directly, without a separate court case to prove the debt.

When you need one

You need a deed for these acts:

• Buying or selling real estate. You cannot register the sale without it.
• A mortgage. The deed creates the mortgage and is needed to register it.
• Setting up a limited company (SL) or a public limited company (SA).
• A will, except a handwritten one, which needs no notario until probate.
• A donation of real estate.
• A marriage before a notario.
• A power of attorney that must be registered or used for property deals.

You do not need a notario for:

• A private sale contract for movable goods.
• A rental contract. Put it in writing. A notarial deed is optional.
• Simple powers of attorney that need no registration.
• Registering as a sole trader.
• Employment contracts.
• Copies for private use.

Some regions have special rules, so ask your notario or a local adviser if your act is unusual.

You choose the notario

You are free to pick any notario. A bank or developer may push you towards theirs, but for a mortgage deed the choice is yours as a consumer. A notario can refuse for legal reasons or a conflict of interest. A notario acts within a set district, but a deed on a property outside it can still be signed if the notario works in the same autonomous community.

What it costs

Notary fees follow an official fee schedule called the arancel, so the price for a given act does not depend on which notario you choose. Ask for a written estimate before you sign. Reforms have changed some fees over the years, including some for mortgage deeds, so check the current figures with the notario.

Who oversees notaries

Notaries pass a state competitive exam. The Ministry of Justice and the regional Colegio Notarial supervise them. If you have a complaint, start with the regional Colegio Notarial.

The checklist below covers what to bring to the visit. The decision and FAQ below help you with the other common questions.

Choosing between options

Do you need a notary for this act, and how do you pick one?

• Use a notary for a deed: Choose this for buying or selling property, mortgages, setting up a company (SL or SA), most wills, donations of property, and powers of attorney you will register or use for property.

• Sign without a notary: Choose this for private sales of movable goods, rental contracts, most simple powers that need no registration, employment contracts, sole-trader registration, and signature legitimations or copies for private use.

• Pick your own notary: Choose this when a deed is needed. You may pick any notary who can act in the area, and you can pick your own even for a mortgage deed that a bank suggests.

If the act is on the deed list, you need a notary and you choose which one. Fees follow the regulated fee schedule, so compare service and waiting times, not prices.

What to bring and ask at the notary

• Book by phone, email or the notary's website or online form, and ask how long the wait is for your act.

• Bring your valid passport or other identity document. EU nationals can use their national ID card, and non-EU residents use the TIE or NIE card together with the passport.

• Bring your NIE certificate or card, especially for a property purchase or any act with tax consequences, and proof of your address.

• Write down the attorney's full name, ID or passport number, NIE, address, marital status and profession, and bring them.

• For a copy, bring the original document. Add an apostille and a sworn translation if the document is foreign and needs them.

• For a property act, bring the registry details and the title deed.

• Bring any wording the bank or agency wants included, and the earlier power of attorney if it is to be revoked or replaced.

• Ask which powers the task needs and whether they should be general or special.

• Ask whether the bank, agency or registry will accept the wording.

• Ask whether the power should have a time limit or cover one transaction only, and how you can revoke it.

• Ask whether the attorney can delegate or act for both sides, and whether the power stays valid if you become incapacitated.

• Ask for the total fee, how many copies it includes and how long it will take.

• Ask whether an apostille or translation is needed if you will use the document abroad.

Frequently asked questions

Is a notary fee negotiable or set by law?

No, notary fees are set by law in an official fee schedule called the arancel, so notaries cannot freely set their own prices. The schedule has been amended several times, including for some mortgage-related fees. Ask the notary's office for a fee estimate before you sign.

Do I need a notary to sign a rental contract in Spain?

No, a rental contract does not need a notary, although a written contract is advisable. You can use notarial form if you want it, but it is optional.

Can the bank or developer choose the notary for my mortgage?

No, you as the consumer choose the notary for your mortgage deed, even if a bank or developer pushes one. The notary may still refuse for legal reasons or a conflict of interest. Ask the bank to accept your chosen notary in writing.

Do I need a notary for a will?

Yes, a will normally needs a notary, unless it is a holographic will, which is handwritten by you. A handwritten will needs no notary until probate. Other acts such as marriage before a notary also need one.