Spain property — Notary & escritura day a step-by-step walkthrough guide

Guide Guide

Notary & escritura day: a step-by-step walkthrough

Completion in Spain happens in one room, in a single sitting that usually lasts 45 to 90 minutes. Buyer, seller, lawyers, the lender's representative and the notary sit at the same table; the deed is read aloud, funds are handed over as bank drafts, and the keys change hands. This walkthrough covers exactly what happens, in order, and what to have with you.

10 min readUpdated

At a glance

Key facts

Figures reviewed:

Typical duration
45–90 minutes for a purchase with a mortgage
Who chooses the notary
The buyer, by law
Pre-signing notary visit
Mandatory and free, within the 10-day FEIN reflection period
How funds are paid
Bank drafts (cheques bancarios) drawn on a Spanish account
Notary fees
Roughly 0.1%–0.5% of price, on a regulated scale
Land Registry entry
Typically 4–8 weeks after signing

Indicative figures for guidance only, correct as at August 2026. Rates, costs and timelines vary by lender, borrower profile, asset and jurisdiction, and are not an offer of finance. How we derive these figures.

Methodology and assumptions

  • Figures are compiled by Clifton International specialists from live lender term sheets, indicative quotes and completed transactions arranged over the preceding 12 months.
  • Rates and costs are stated as ranges rather than a single number because pricing is set case-by-case on borrower profile, residency, asset type, location and loan-to-value.
  • Timelines assume a complete document file from the outset; valuation, legal capacity and (in Spain) NIE and notary availability drive the critical path.
  • Costs exclude any lender, broker or third-party fees not stated on the page, and exclude currency movement between agreement and drawdown.
  • Figures are reviewed at least quarterly and re-checked against lender pricing whenever a material market change occurs.

Last reviewed . Read the full Key facts methodology, or speak to our team for a quote based on your circumstances.

What happens at the notary on completion day in Spain?

The notary verifies identities, reads the escritura aloud, confirms the price and payment method, and witnesses signatures by buyer, seller and lender. Funds pass as bank drafts, the mortgage deed is signed alongside, keys are handed over, and ownership transfers on signature.

  • The buyer chooses the notary in Spain, not the seller.
  • A separate free notary briefing must happen before signing where there is a mortgage.
  • You leave with a copia simple; the stamped original follows after registration.
  • Non-attending buyers complete through a notarised power of attorney.

Key takeaways

  • In Spain the buyer chooses the notary — a right worth exercising, since availability drives the completion date.
  • With a mortgage, a free pre-signing notary briefing is compulsory during the ten-day FEIN reflection period.
  • Payment is made by bank draft drawn on a Spanish account, not by same-day transfer at the table.
  • Ownership transfers on signature; Land Registry entry follows within four to eight weeks.
  • You can complete without travelling by granting a notarised, apostilled power of attorney to your lawyer.

The two weeks before signing

Once the FEIN binding offer is issued, a statutory ten-day reflection period begins. During it you must attend the notary alone, at no cost, for the acta de transparencia: the notary explains the loan's rate, index, term, early repayment terms and any bundled products, and asks you questions to confirm you have understood. Without that act, the mortgage cannot be signed.

In parallel your lawyer requests a fresh nota simple, confirms the property is free of charges and community debt, obtains the certificate from the comunidad de propietarios and agrees the retention for plusvalía where the seller is non-resident. Money should be in your Spanish account three to five working days ahead — banks apply source-of-funds checks to large inbound transfers, and this is the most common cause of a last-minute delay.

Who is in the room

  • The notary — impartial public official, acting for neither party.
  • Buyer and seller, or their attorneys under power of attorney.
  • Your lawyer, and often the seller's.
  • The lender's representative, who signs the mortgage deed and delivers the loan draft.
  • The gestoría appointed by the lender, which takes the deed away for tax payment and registration.
  • An official interpreter, where the buyer is not fluent in Spanish and the deed is not bilingual.
  • Estate agents frequently attend to collect commission, though they have no formal role.

The signing, step by step

  1. Identity checks. Original passports and NIE documents for every buyer; company buyers need the escritura de constitución and current director powers.
  2. Reading of the deed. The notary reads the escritura — parties, registered description, cadastral reference, price, charges, and the statement that the property passes free of tenants and debts.
  3. Declaration of payment. Spanish law requires each payment to be identified in the deed: date, amount, account and instrument. Reservation and arras payments already made are itemised.
  4. The mortgage deed. Where there is a loan, a second deed is signed immediately after, creating the charge. The lender's draft for the loan amount is released at this point.
  5. Handing over drafts. The buyer passes the bank drafts across the table; the seller confirms receipt and the notary records it.
  6. Signatures. Every party initials each page and signs the last. The notary signs and seals the protocol copy, which remains at the notarial office.
  7. Keys. Handed over at the table, along with alarm codes, community contacts and, on a resale, the last utility bills.

What you leave with — and what follows

You leave with a copia simple: an unstamped but complete copy of the deed, which is enough to change utility contracts and prove ownership in most day-to-day situations. The notary sends electronic notice of the sale to the Land Registry the same day, which effectively reserves your priority.

The gestoría then pays ITP (or IVA and AJD on a new build) within 30 days and lodges the deed for registration. Four to eight weeks later the registered copia autorizadais returned — the lender keeps it where there is a mortgage. Post-completion, transfer the IBI, water, electricity and community direct debits into your name and register your non-resident tax obligations.

Completing without travelling to Spain

Most international buyers we work with never attend. A power of attorney granted before a notary in your own country, apostilled and accompanied by a sworn Spanish translation, lets your lawyer sign both the purchase and the mortgage deed. The one exception is the pre-signing mortgage briefing, which some notaries insist the borrower attends in person or by video; confirm the position early, because it drives whether a trip is needed at all.

What is paid on the day

  • Balance of the purchase price, by bank draft.
  • Notary fees, on a regulated scale of roughly 0.1%–0.5% of the price.
  • Land Registry fees, typically 0.05%–0.25%.
  • Gestoría fees, commonly €300–€600.
  • Mortgage costs the lender bears by law — its own notary, registry and AJD stamp duty on the loan — but the tasación and any arrangement fee are yours.
  • Funds retained by your lawyer for ITP or IVA and AJD, paid within 30 days.

Frequently asked

Questions from readers

How long does the escritura signing take?

Usually 45 to 90 minutes where a mortgage is involved, and 30 to 45 minutes for a cash purchase. Delays on the day almost always come from missing bank drafts, an unresolved charge on the nota simple, or documents that arrive without an Apostille.

Who chooses the notary in Spain?

The buyer has the legal right to choose the notary, even though fees are set on a regulated national scale and do not vary between offices. In practice buyers usually take their lawyer's recommendation, and the notary's diary often determines the completion date.

How is the money paid at completion?

By cheque bancario — a bank draft drawn on your Spanish account and payable to the seller. Spanish notaries require payment instruments to be identified in the deed, so cash is effectively excluded and last-minute transfers are risky because they may not clear in time.

Do I have to be in Spain to complete?

No. A power of attorney granted before a notary in your home country, apostilled and translated by a sworn translator, allows your Spanish lawyer to sign on your behalf. Check early whether your lender requires you to attend the pre-signing mortgage briefing in person.

What is the pre-signing notary visit for a mortgage?

It is the acta de transparencia material. Within the ten-day reflection period after the FEIN is issued, you meet the notary free of charge, who explains the loan terms and tests your understanding. The mortgage deed cannot be signed until this act is completed.

When do I actually own the property?

Ownership transfers when the escritura is signed before the notary, not when it is registered. Registration at the Land Registry, typically four to eight weeks later, is what makes your title enforceable against third parties, so it should never be left undone.

What documents should I bring on the day?

Original passport for every buyer, your NIE document, proof of the Spanish bank account, the bank drafts, and — for company purchases — the company incorporation deed and current evidence of the signatory's powers. Your lawyer brings the nota simple, community certificate and energy certificate.

How much do notary and Land Registry fees cost in Spain?

Notary fees follow a regulated national scale and typically run €600–€1,200 on a normal residential purchase, with Land Registry fees a further €400–€800. Both scale with the declared price, and a mortgage adds a second deed with its own notary and registry entry, the cost of which the lender bears by law.

Can the escritura be signed if the seller has an outstanding mortgage?

Yes, and it is routine. The seller's bank issues a certificate of the outstanding balance, that amount is paid at the table by a separate bank draft made out to the bank, and the bank's representative attends to sign the cancellation deed so the charge is lifted at the Land Registry.

What happens immediately after the escritura is signed?

The notary sends an electronic notice to the Land Registry the same day, which blocks any competing registration for ten working days. Your lawyer then files ITP or IVA and AJD within 30 days, presents the deed for registration, and arranges the change of name on the utility and community accounts.

Can completion be delayed on the day itself?

It can. The most common causes are a bank draft issued for the wrong amount, a charge appearing on the fresh nota simple, a missing certificate of no community debt, or an untranslated foreign document. Signing is then rescheduled, usually within days, which is why the arras contract should allow a short grace period.

Do I need a Spanish bank account to complete?

In practice yes. Spanish notaries require the means of payment to be identified in the deed, and the standard instrument is a cheque bancario drawn on a Spanish account. You also need a Spanish account for the mortgage direct debit, utilities, community fees and local taxes.

What is the copia simple and when do I get the original deed?

You leave the notary with a copia simple, an unstamped copy that is enough for utilities and tax filings. The copia autorizada, the authorised original, is sent to the Land Registry for inscription and returned to you or your lawyer four to eight weeks later stamped with the registration details.

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