What Happens at the Spanish Notary When You Buy Property
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What happens at the Spanish notary on completion day - escritura signing, bank cheques, keys, and what your lawyer does for you.
The notary appointment is the moment you actually become the owner of a property in Spain. For us it was one of the strangest experiences of the whole process: a very formal meeting in a very formal office, most of it in Spanish, everyone sitting around a large table, and at the end of it we had keys and a property. Here is what actually happens, what to prepare, and why your lawyer being there is non-negotiable.
What a Spanish Notary Actually Does
The notary (notario) is a public official appointed by the Spanish state. Their job at completion is to authenticate the transaction: to verify that both parties are who they say they are, that the property can legally be transferred, and that the escritura (the title deed) has been correctly prepared. They read the document aloud. They witness the signatures. They stamp and seal everything.
What the notary does not do is advise you. They are neutral. They represent neither buyer nor seller. If you do not understand something in the escritura, the notary cannot help you the way your lawyer can. This is exactly why your lawyer must have reviewed the deed with you in detail before you arrive, not at the table.
What Happens on the Day
Both parties attend the notary office. The notary reads the escritura aloud in Spanish. If you are a non-Spanish speaker, the notary will typically ask whether you understand the document. Your lawyer should already have translated and explained it to you.
The purchase funds must already be in your Spanish bank account before this point. On the day, you typically pay by banker's cheque, drawn from your Spanish account, handed over at the appointment. You cannot arrive at the notary hoping to sort the money transfer on the day. It must be in place in advance.
Once the escritura is signed and the notary confirms everything is in order, you receive the keys. Your lawyer takes the original escritura to register at the land registry, which happens in the weeks following completion.
What to Do Before the Notary Appointment
Your lawyer should prepare you thoroughly. The week before, they should: send you the draft escritura for review, walk you through every clause in plain language, confirm the exact payment amounts, and confirm the bank cheque arrangements.
On the day itself: bring your passport, your NIE, and arrive slightly early. If you have given a power of attorney to your lawyer, confirm they have the original notarised version.
Buyers completing on property in Marbella, Benahavís, Estepona, Fuengirola or anywhere on the Costa del Sol all go through the same process at the notary. The preparation is what makes it straightforward rather than stressful. PlanMarbella.com includes step-by-step preparation guidance as part of your free buying plan.
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Check if it's still free - PlanMarbella.comFrequently Asked Questions
What is an escritura in Spain?
The escritura is the title deed for a Spanish property. It is the legal document that transfers ownership from seller to buyer, signed and authenticated at the notary appointment. After signing, it is registered at the land registry by your lawyer, which completes the legal transfer of ownership.
Do I have to attend the notary in person in Spain?
If you cannot attend in person, you can give your Spanish property lawyer a notarised power of attorney (poder notarial) to sign on your behalf. Many international buyers use this route. The power of attorney must be properly notarised and, if signed in the UK, apostilled before it can be used in Spain.
How do I pay for a property in Spain at the notary?
Funds must be in your Spanish bank account before the notary appointment. On the day, you typically pay by banker's cheque drawn from your Spanish account. The exact amounts should be confirmed with your lawyer in advance.
What happens after the notary when buying property in Spain?
After the notary signs off the escritura, your lawyer registers it at the land registry. This takes several weeks. Your lawyer will also handle any outstanding tax payments, utility transfers, and notification to the town hall. Allow 4 to 8 weeks for all post-completion steps to be finalised.