The Role of Spanish Notaries and Lawyers in Property Transactions

If you’re buying property in Spain as a British buyer, sooner or later, two figures will enter your world: the notario and the abogado. And unless you’ve been through it before, it can all feel slightly surreal. They’re both critical. They both wear suits. But they do very different things. And no, you can’t skip either of them.

Let’s walk through their roles, because understanding them early can save you from sleepless nights — and possibly a very expensive mistake.

First, the Notary (El Notario): The Guardian of Legality

In British transactions, you don’t really have a notary equivalent. You might have solicitors, conveyancers, land registry clerks — but in Spain, much of this funnels through the notary.

A Spanish notary is a public official, appointed by the government. They are strictly neutral. Their job isn’t to advise you or represent your interests. Their role is to:

• Verify identity and legal capacity of the buyer and seller.
• Ensure that all legal documentation complies with Spanish law.
• Record and witness the signing of the public deed of sale (escritura pública).
• Register the transaction officially with the land registry.

The notary’s office (notaría) is where the final signing happens. The property isn’t legally transferred until that document is signed in front of the notary.

Important to understand:
The notary does not check for debts, unpaid taxes, or other liabilities on the property unless specifically instructed. That’s where your lawyer comes in.

Second, the Lawyer (Abogado): Your Personal Bodyguard

This is where British buyers often make their biggest mistake — trying to save a few thousand euros by skipping legal advice. Spain is full of horror stories from those who did.

Unlike the notary, your lawyer represents you. Their role is to:

• Conduct full due diligence on the property.
• Check for debts, encumbrances, and unpaid community charges.
• Verify that the seller actually owns what they’re selling.
• Ensure all permits, licences, and planning permissions exist.
• Review (and sometimes negotiate) the arras contract (reservation or deposit contract).
• Ensure that all tax obligations are identified in advance.

They also coordinate with the notary to prepare the final signing. Your lawyer will often attend the notary appointment with you — they’ll usually translate and walk you through every step if your Spanish is limited.

Why You Need Both

• The notary ensures the legal act of sale is correctly registered and complies with Spanish law.
• The lawyer ensures that you aren’t buying a legal mess, a disputed inheritance, or a ruin that violates urban planning law.

You need both to be fully protected.

A Common British Misunderstanding

In the UK, your solicitor does practically everything. In Spain, lawyers don’t register title; notaries don’t advise. They sit in parallel lanes. If you attempt to run a transaction with just one of the two, you’re setting yourself up for unnecessary risk.

Typical Fees (2025)

• Notary fees: Usually around 0.1%–0.5% of property price. On a €250,000 property, budget around €600–€1,200.
• Lawyer fees: Roughly 1% of property price, though negotiable.
• Plus VAT (IVA) of 21% applies to both.

Side note: If you’re purchasing through a mortgage, the lender will often require additional notary documentation, adding to costs.

Quick Timeline Overview

The Bottom Line

In Spain, property transactions don’t run on trust alone. The legal system is highly structured, but it’s built to protect those who approach it correctly.

If you’re a British buyer reading this:
don’t shortcut the legal advice.