Escritura and notario in Spain: what they are and why you need a notary

What is an escritura pública?

An escritura pública is a public document that the parties sign before a notary. A notario is a public official authorised to authenticate contracts and other out-of-court acts under the law (Article 1 Ley del Notariado) [1]. The escritura records the will of the parties. The notary checks that it does not contradict the law, and neither party can later deny what was stated [4]. An ordinary private signature does not carry this weight.

Is an escritura mandatory when buying property?

An escritura is not required for a sale to be valid: if you pay without a loan, the deal can be closed with a private contract [3][4]. But the Ley Hipotecaria only accepts for registration documents in the form of an escritura pública, a court judgment or an authentic document issued by a public authority (Article 3) [5]. Without registration you are the buyer only on paper. In addition, a private contract is not directly enforceable, whereas an escritura lets you skip ordinary court proceedings in case of breach and counts as handing over the property [3]. If a bank is financing the purchase, the escritura de préstamo hipotecario is executed before a notary and is usually signed on the same day as the escritura de compraventa [4].

What does the notary check when you buy a home?

The notary’s work is not limited to witnessing signatures. According to the Consejo General del Notariado, the notary [4]:

• checks the identity, legal capacity and authority of the buyer and the seller, as well as the seller’s title, and records the sale on the seller’s title deed;
• asks whether this is the seller’s main home, because in that case the signatures of both spouses may be needed;
• checks that comunidad fees have been paid and that there is a cédula de habitabilidad where one is required;
• records the method and date of payment, and the account numbers for transfers;
• sets out the state of encumbrances: mortgages, attachments and other restrictions;
• asks the seller for the energy certificate, the IBI payment receipt and the cadastral reference;
• warns about hidden defects and the parties’ tax obligations;
• explains how the transaction costs are shared; at the parties’ request, handles payments and the filing of documents with the registry electronically.

The notary drafts the deed according to the common will of the parties and explains the meaning and consequences of the text (Article 147 Reglamento Notarial) [2]. If a company is involved in the transaction, the notary identifies the beneficial owner [4]. For flats in Catalonia, the seller must hand over a certificado from the comunidad secretary on any debts: without it the escritura cannot be signed unless the parties expressly waive the certificate (Article 553-5 Libro quinto CCCat) [6]. More: comunidad de propietarios and nota simple. Help with documents for the transaction: documents and support.

Who chooses the notary?

Anyone who requests a notarial service has the right to choose the notary. If the property is transferred by someone who sells regularly, on standard terms or in banking transactions, the buyer or client chooses, but the notary must have a reasonable connection with the transaction (Article 126 Reglamento Notarial) [2]. In all other cases special rules apply first, then the agreement of the parties, and as a last resort the person paying the larger share of the fee chooses [2]. Copies of the escritura are paid for at the official fee scale [4].

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

Article 150 Reglamento Notarial describes three options. A notary who knows your language authenticates the deed and records that they have orally translated its content and that the party’s will has been conveyed correctly. At the request of a foreign party, the deed can be drafted in two columns in two languages, even if they know Spanish well, or a translation can be attached. If the notary cannot explain the content themselves, an interpreter appointed by the party is needed; the interpreter makes the necessary translations, confirms that they are accurate and signs the deed [2]. Ask the notary’s office when you book which documents foreign parties need.

What happens before and after signing?

1. You request a nota simple and check for encumbrances.
2. If the parties sign arras (a deposit agreement), this is a permitted but not compulsory contract; it is already binding [4].
3. The seller hands over the comunidad certificado, the IBI receipt and the energy certificate [4][6].
4. You sign the escritura; the notary reads the deed and explains it.
5. The notary sends an electronic copy of the escritura to the Registro de la Propiedad [4].
6. You pay the taxes on the transaction: ITP or AJD and, where applicable, plusvalía.

The original stays in the notary’s protocol and after 25 years goes to the archive of the college of notaries; only copies circulate [7].

Who does what in the transaction?

We cover the notary costs of a purchase in the article on notary costs.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.