Before the appointment
- The draft deed is reviewed against the contract and the due diligence.
- The seller's mortgage cancellation amount is confirmed with the bank.
- A completion statement sets out the price, deposit, retentions and apportionments.
- Funds arrive in your account and banker's drafts are prepared.
- Identity documents, NIE and powers of attorney are checked.
The notary's role
The notary verifies identities and capacity, checks the Land Registry on the day, confirms the means of payment, includes tax and planning declarations, and explains the deed. The notary does not check licences, physical defects or whether the price is right. That is your lawyer's job, done before the appointment.
Signing, payment and keys
Buyer and seller sign, or their attorneys sign for them. The buyer hands over banker's drafts or orders the transfers; the seller confirms receipt; any mortgage is paid off; and the keys are handed over. If the seller is a non-resident, the buyer withholds 3% for the tax authority.
Immediate presentation and tax
| Step | Timing |
|---|---|
| Electronic presentation to the Land Registry | Same day |
| 3% retention (non-resident seller) | Within one month |
| Transfer tax, or VAT and stamp duty | Within one month |
| Plusvalía (non-resident individual seller) | Within 30 working days |
Who chooses the notary and who pays
By tradition, the buyer chooses the notary because the buyer pays most of the notary's fees for the purchase deed, but in practice the parties agree. Notary fees are regulated and depend on the price and the length of the deed. If there is a mortgage, the bank pays the notary costs of the mortgage deed under the 2019 mortgage law. Ask your lawyer for an estimate of all completion costs in advance.
Signing in English
Deeds are written in Spanish. If you do not understand Spanish, the notary must be satisfied that you understand what you sign, usually with an interpreter or a bilingual deed, and your lawyer explains the content in advance. Many international buyers avoid the issue by granting a power of attorney so that their lawyer signs for them.
Common last-minute problems
- Funds that arrive late because the international transfer was not planned.
- A mortgage cancellation amount not confirmed with the seller's bank.
- A seller's spouse who must consent because the property is the family home.
- A non-resident retention forgotten or calculated wrongly.
- A new charge appearing in the registry check on the day.
Each of these can be prevented by a lawyer who prepares the completion in advance.
Registration is the real finish line
Once the tax is paid, the deed is registered in your name, which protects you against third parties. Then IBI, utilities and community records are updated. See notary completion and registration and the purchase costs guide. For other legal matters in English, see Castell.law.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Frequently asked questions
Does the notary protect the buyer?
The notary ensures the deed is legal and correctly executed, but does not investigate the property for you.
Do I need a translator at the notary?
If you do not understand Spanish, the notary must ensure you understand the deed, often with an interpreter or your lawyer. Many buyers sign through an attorney.
When do I get the keys?
At the signing, once payment is confirmed.
How long until the title is registered?
Usually a few weeks after the purchase tax is paid.