Escritura and notario in Spain: what it is and why a notary is needed

What is escritura pública?

Escritura pública is a public document signed by the parties before a notary. [1]. In escritura, the will of the parties is recorded. The notary verifies that it is not against the law, and neither party can then deny what has been said. [4]The usual private signature does not give that effect.

Is there a requirement for escritura when buying real estate?

Escritura is not mandatory for the validity of the sale: a transaction can be closed by private contract if the transaction is not paid. [3][4]But Ley Hipotecaria only accepts documents in the form of escritura pública, a court decision or an authentic document of the authority (art. 3) [5]. Without a record, you are a buyer only on paper. In addition, a private contract is non-executive, and escritura, in case of violation, allows you to do without the usual litigation and equates to the transfer of an object [3]If the purchase is financed by the bank, the escritura de préstamo hipotecario is processed by the notary and usually signed on one day with the escritura de compraventa [4].

What does a notary check when buying a dwelling?

The signature is not limited to the work of the notary. [4]:

• Checks the identity, capacity and powers of the buyer and seller, as well as the seller's right, and records the sale in its title;
• The seller's main residence is specified because the signatures of both spouses may be required;
• Checks the payment of contributions to comunidad and the availability of cédula de habeaslidad where required;
• Records the method and date of payment, the accounts numbers on translation;
• Sets out the condition of the encumbrances: mortgages, arrests and other restrictions;
• Requests the seller to provide an energy certificate, a payment receipt IBI and a cadastral number;
• Warnings of hidden defects and of the tax obligations of the parties;
• Explains how transaction costs are distributed; at the request of the parties, processes payments and filings to the registry electronically.

The notary formulates the act by the common will of the parties and explains the meaning and consequences of the text (article 147 of the Reglamento Notarial) [2]If a company is involved in the transaction, it will identify the actual beneficiary [4]For Catalan apartments, the seller is obliged to hand over certificado to the Secretary comunidad on debts: without it, escritura cannot be signed until the parties expressly refuse the certificate (article 553-5 Libro quinto CCCat) [6]I'll give you more details: comunidad de propietarios and nota simpleI. Assistance with documents for a transaction: documents and escorts.

Who chooses a notary?

Anyone who applies for a notary service has the right to choose a notary. If the property is transferred by a person who sells regularly, either according to standard terms or in banking transactions, the buyer or client chooses a notary to have a reasonable connection with the transaction (art. 126 Reglamento Notarial) [2]. In all other cases, special rules apply, then the agreement of the parties, and lastly, the one who pays the most of the tariff [2]IV. Copies of escritura are paid at the official rate [4].

How do you sign escritura if you don't speak Spanish?

Article 150 Reglamento Notarial describes three options: a notary who knows your language, certifies the act and notes that he translated it orally and the will of the party is given correctly. At the request of the foreign party, the act can be drafted in two columns in two languages, even if he is a good man in Spanish, or if he is a translator. If the notary cannot explain the content himself, an interpreter is needed to whom the participant is appointed; Translator makes the necessary translations, confirms compliance and signs the act [2]What documents foreign participants need, please specify in the notary office when writing.

What happens before and after the signature?

1. You ask for a note of the bill and check the encumbrances.
2. If the parties have signed arras, this is a permissible but not a binding treaty; it already requires [4].
3. The seller transfers certificado on comunidad, receipt IBI and energy certificate [4][6].
4. You sign escritura; notary reads the act and explains it.
5. Notary sends an electronic copy of escritura to Registro de la Propiedad [4].
6. You pay taxes on a deal: ITP or AJD and, if necessary, plusvalía.

The original stays on the notary's record and then goes to the notaries' board 25 years later; only copies are in circulation. [7].

Who's doing what with the deal?

The notary's transaction costs are dealt with in the item. Notarized costs.

Frequent issues

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.