Updated in September 2026 — data verified on that date.

The notary in Spain: role, limitations and differences compared to the French notary

For a French or Belgian buyer, the notary draws up the preliminary agreement, holds the funds in escrow and is responsible for ensuring the sale is conducted in accordance with the law. In Spain, the notario shares the title but not the role: they are involved on the day the deed is signed and their oversight is limited to the public registers. This page, part of our guide to the property purchase process in Spain, details what the Spanish notary actually does during a property purchase, who chooses them and how much they cost in 2026.

The Spanish notary: a role fundamentally different from that of the French notary

The Spanish notary is a public official practising as a self-employed professional and the custodian of the ‘fe pública’ (public faith): their signature gives the deed probative and enforceable force, but they are neither the buyer’s adviser nor the organiser of the sale. The Consejo General del Notariado defines them as an impartial guardian of legality: serving no one in particular.

The timeline explains this: the ‘contrato de arras’, which binds the parties with a 10 per cent deposit, is a private agreement signed without a notary, often three months before the final deed. In the first half of 2025, notaries authenticated 71,155 property purchases by foreigners, accounting for 19.3 per cent of sales, at €3,126 per square metre for non-residents (Consejo General del Notariado, October 2025).

What a Spanish notary does and does not do

On the day of the escritura, the Spanish notary verifies the identity and legal capacity of the parties, the title to the property and any encumbrances recorded in the Registro de la Propiedad (information updated within the last ten days, Article 175 of the Reglamento Notarial), and the traceability of payments. ‘The information in the register guarantees or certifies the content of the registers in the interests of the parties’, summarises José Ángel Martínez Sanchiz, a notary in Madrid, in the journal *El Notario del Siglo XXI* (No. 115): the check relates to the registers, not to the property itself.

French, Belgian and Spanish notaries: a detailed comparison

The main difference lies in the stage at which they become involved: French and Belgian notaries oversee the sale from the preliminary agreement through to the final deed and are liable for any defects therein; Spanish notaries authenticate an agreement that has already been concluded.

As these safeguards are absent from the Spanish system, the NOMA method restores them before each signature.

Who chooses the notary in Spain, and who pays?

In Spain, the buyer chooses the notary, as they pay the bulk of the fees. Article 126 of the Reglamento Notarial grants the right of choice to the party paying; Article 1455 of the Código Civil stipulates that the original deed is the responsibility of the seller and the first copy that of the buyer, unless otherwise agreed. The Consejo General del Notariado points out in its campaign ‘Usted tiene derecho a elegir notario’ that, when dealing with a property developer or a bank, this right always lies with the consumer.

Signing at the notary’s office: procedure, language and off-plan purchase

The signing of the ‘escritura pública de compraventa’ takes between 45 minutes and 1 hour 30 minutes and involves reading out the deed, paying the balance and handing over the keys. The notary never holds the funds: the balance is paid by Spanish bank cheque or a documented bank transfer, which must be referenced in the deed (Law 36/2006). A non-Spanish-speaking buyer must be assisted by an interpreter (Article 150 of the Notarial Regulations), unless the notary speaks French.

For a new-build property, the notary is involved at handover: before the ‘escritura’, insist on the ‘licencia de primera ocupación’ and the ten-year insurance, which the notary does not always request (see our page on buying a new-build flat off-plan).

Notary fees in Spain: official scale and 2026 estimate

Notary fees in Spain are set by Royal Decree 1426/1989 (notarial tariff), which is the same across all notary practices: €90.15 up to €6,010, then a sliding scale ranging from 4.5‰ to 0.3‰, a statutory discount of 5 per cent and VAT at 21 per cent. Scheduled amounts include VAT but exclude copies.

With a Spanish mortgage, the second escritura is paid for by the bank (Law 5/2019).

The solicitor: the buyer’s true advocate in Spain

In Spain, the independent property solicitor (abogado) is the only professional authorised to represent the buyer: they draft or review the arras (deposit agreement), consult the local council on planning matters, verify that the land registry, property register and actual property details match, and oversee the registration, for approximately 1 per cent of the purchase price plus VAT, with a minimum of €1,500 to €2,000 on the Costa del Sol (indicative range for 2026). ‘Independent’ means: neither recommended by the seller’s estate agent nor paid by the developer.

NOMA, the buyer’s agent, does not replace either of them: the Property Check 360° documents the property’s condition, planning status and service charges before the solicitor becomes involved, and we then coordinate the solicitor, bank and notary right through to handover. See also our guide to buying property on the Costa del Sol.

Notaries in Spain for property purchases: your questions

Does the Spanish notary check that the property is in order?

No. The Spanish notary verifies the identity and legal capacity of the parties, the ownership and any encumbrances registered in the Registro de la Propiedad (Article 175 of the Reglamento Notarial) and the traceability of payments. They do not check planning compliance, the condition of the property, or any unregistered debts: this due diligence is the responsibility of an independent solicitor, prior to the deposit being paid.

Who chooses the notary in Spain?

The buyer chooses the notary, as they pay the bulk of the fees (Article 126 of the Reglamento Notarial, Article 1455 of the Código Civil). When dealing with a property developer or a bank, the Consejo General del Notariado emphasises that the choice always rests with the consumer. The national fee scale ensures that the choice is financially neutral.

How much do notary fees cost for a property purchase in Spain?

According to the scale set out in Royal Decree 1426/1989, the deed of sale costs €340 excluding VAT for a property worth €200,000, €388 excluding VAT for €300,000 and €483 excluding VAT for €500,000, plus 21% VAT. Including folios and copies, the actual bill ranges from €600 to €1,200, or 0.2 to 0.4 per cent of the price.