3.2.4. Notary roles and fees

Notary fees are based on the value of the transaction but normally range between 800 EUR and 2.000 EUR or 0,5-1% of purchase price.

Drawing up the title deed and witnessing the signing must be performed by a public Notary. The notary however, does not verify or guarantee a contract, nor does he protect you from fraud. He is primarily a government representative, there to ensure that all state taxes are paid upon completion of sale.

The notary will also check the property register (registro de la propiedad), name of title holder, property description and any charges or encumbrances on the property, within the last 4 days before signing the title deed. All this information must be included in the title deed.

The notary will ensure that the title deed is drawn up properly and that the stipulated price for the property is paid to the vendor. He certifies the identity of both participants and witnesses the signing of the deed. He can also arrange to register the property under the new owner’s name in the property registry (registro de la propiedad) and collect all relevant taxes.

At times, public notaries may include a get out clause in the title deed whereby the buyer agrees to take full responsibility for any charges or encumbrances against the property; thereby essentially riding the notary of any responsibility. It is the job of your lawyer to check the contract and make sure you do not sign it if such a clause has been added.

A public notary is not required to speak English, or to explain Spanish Property Law. Your lawyer should be on hand to explain any confusion and to ensure the notary is acting correctly.