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

Terms used

• Notario — A notario is a public official and lawyer who verifies identities and consent and makes documents official.
• Escritura pública — An escritura pública is a deed signed before a notario, which can be registered and carries strong legal weight.
• Acta — An acta is a notarial record of a fact or event, drawn up by the notario.
• Póliza — A póliza is a document, often for loans or financial deals, that a notario authorises.
• Registro de la Propiedad — The Registro de la Propiedad is the public register where property ownership and mortgages are recorded.
• Capitulaciones matrimoniales — Capitulaciones matrimoniales are an agreement between spouses on how their property is owned and shared.

Key rules

• Notario's role: The notario is impartial and advises all parties equally, so they will not act as your lawyer or represent you in a dispute.
• Registration: If you need to register something, such as a property or a mortgage, you need a deed.
• Fees: Notary fees follow a state scale, so the notario cannot set their own prices.
• Mortgage fees: The lender pays the notary fees for a mortgage deed.

What a notario does

A notario is a public official and a qualified lawyer. Their job is to make a document official. They are not your adviser, and they cannot litigate for you.

Before you sign, the notario:

• checks who you are and that you are legally able to act;
• checks that you agree freely and that the content is legal;
• explains what the act means for you;
• records it in a public document, such as an escritura pública (deed), an acta or a póliza.

These documents carry strong weight as evidence. Many can be enforced directly, without first going to court.

What a notario will not do

The notario must be impartial. They advise all parties equally, and give a little extra help to the party who knows less. They cannot take your side, push your interests, represent you in court or decide a dispute.

If you want advice on your side, such as whether a price or a clause is good for you, hire your own lawyer before the signing.

When you need a deed

A deed is required, or strongly advisable, for:

• buying or selling property, because only a public document can be registered in the Registro de la Propiedad (the property register);
• a mortgage, where the deed is required and registration is what creates the mortgage;
• an open will, and accepting or dividing an inheritance;
• a power of attorney (poder) for property, banking or company matters;
• setting up a company such as an SL or SA, and many company decisions;
• a gift of real estate;
• capitulaciones matrimoniales, which are agreements on property between spouses.

A private contract is generally valid between the people who sign it. But it cannot be registered. If you need to register anything, you need a deed. If you do not, ask whether a private contract is enough.

Regional civil law, for example in Catalonia, may add differences.

What it costs and who pays

Fees follow a fixed state scale (arancel). It depends on the value of the deed, its number of pages and the number of copies. The notario cannot set their own prices. A discount on the value-based part is allowed in some cases.

• Mortgage deed: since a 2019 reform, the lender pays the notary fees.
• Sale deed: the buyer usually pays, unless you agree otherwise.
• Other deeds both sides ask for: the cost is usually split.
• Extra copies: whoever asks for them pays.

Agree in advance who pays, and ask what extra copies will cost. The checklist and FAQ below cover the practical steps.

Checklist

• Check whether your act needs a deed: property sale, mortgage, open will, inheritance, power of attorney, company formation, gift of real estate or marriage property agreement.

• Get your own lawyer for advice on your side, because the notary advises all parties equally and will not act as your advocate.

• Bring your identity document so the notary can verify who you are and that you can legally act.

• Ask the notary to explain the consequences of the act before you sign.

Frequently asked questions

Is a private contract enough instead of a notarial deed?

Yes, a private contract is generally valid between the two parties, but it cannot be registered in the property registry. For a property sale or mortgage you need a deed, because only a public document can be registered.

Can I negotiate the notary's fee?

No, a notary cannot set their own prices, because fees follow a state-regulated scale based on the deed's value, its pages and the copies. In some cases a small discount on the value-based part is allowed, so ask the notary's office.

Who pays the notary in a property purchase?

The buyer usually pays the sale deed fees, unless you agree otherwise in writing. For a mortgage deed, the lender pays the notary fees since the 2019 reform. The person who asks for extra copies pays for them.

Can the notary act as my lawyer in a dispute?

No, a notary is impartial and cannot act as one side's advocate, represent you in court or decide disputes.