Notaries in Spain: what they do and what they charge

Sooner or later, most people who settle in Spain end up at a notary’s office (notaría). Spanish notaries are not just people who stamp signatures. They are public officials and qualified lawyers who draw up and certify important documents, and what they sign has special legal weight. Our guide to buying costs in Spain covers notary fees on a property purchase. This article looks at the notary’s role more widely: when you need one, how fees are set by law, who pays and how to prepare for an appointment.

What a Spanish notary does

A notary checks who you are, makes sure you have the legal capacity to sign, explains the document and confirms that what you sign follows the law. The notary must be impartial: they advise both sides, not just the person who pays. The original signed document (the matriz, or protocol) stays in the notary’s archive, and you receive certified copies.

Because the notary has already checked identity and legality, a notarial deed (escritura pública) can be registered at the Land Registry, used in court and accepted by banks and public offices without further proof.

When you will need a notary

• Buying or selling property: the title deed is signed before a notary. See our guide to buying property in Spain step by step.
• Mortgages: the mortgage deed is signed before a notary, after a separate advice meeting (see below).
• Powers of attorney (poderes): to let someone, such as a lawyer or a family member, act for you in Spain.
• Wills: the usual Spanish will is an open will signed before a notary. Read more in making a will in Spain as a foreigner.
• Inheritances: accepting and dividing an estate is normally done in a notarial deed.
• Companies: setting up a Spanish limited company (SL) requires a public deed.
• Smaller jobs: certifying a copy of a document (testimonio), confirming a signature (legitimación de firma) or recording facts in an acta, for example the delivery of a notice.

How notary fees are set

Notaries cannot set their own prices. Their fees follow an official tariff, the arancel, laid down in Royal Decree 1426/1989. The amounts look oddly precise because they were converted from pesetas. These are some of the base fees in the consolidated text published in the BOE, before VAT and extras:

• General power of attorney: 30.05 euros. A power of attorney for court proceedings (poder para pleitos) is 15.03 euros.
• Will: 30.05 euros per person making the will.
• Acta: 36.06 euros.
• Signature legalisation: 6.01 euros for the first signature and 3.01 euros for each additional signature on the same document.
• Certified copies: 3.01 euros per page, and half that from the twelfth page. A simple (uncertified) copy is 0.60 euros per page.
• Documents with a value, such as a sale: 90.15 euros when the value is up to 6,010.12 euros, then a sliding scale per thousand euros on the amount above that, which falls as the value rises.

The final bill is higher than these base figures. It adds VAT (IVA) at 21%, charges for extra pages in the original and for each certified copy, and sometimes costs the notary pays on your behalf, such as sending the deed to the Land Registry. A short power of attorney or will is therefore a modest bill, while a property deed costs more because the fee depends on the price and the document is longer. Ask the notaría for an estimate (presupuesto) before you sign. Many will also ask for a payment on account (provisión de fondos) in advance.

Who pays the notary?

• Powers of attorney, wills and copies: the person who asks for them.
• Property sales: under the Spanish Civil Code, the seller pays for the deed itself and the buyer pays for the first copy and later costs, unless the parties agree otherwise. In practice the purchase contract often sets a different split, so read it carefully.
• Mortgages: according to the Banco de España, since the 2019 mortgage law the bank pays the notary costs of the mortgage deed. You pay only for a copy of the deed if you ask for one.

Mortgages: free advice and your choice of notary

Before you sign a mortgage, you must meet the notary for personal advice on the loan documents. The Banco de España explains that this advice is compulsory and free, and that it cannot be added to the notary’s bill. The notary records the meeting in an acta, and without that acta the mortgage deed cannot be signed. You are also free to choose the notary: the bank cannot impose one on you.

Preparing for your appointment

1. Book in advance: notarías on the Costa del Sol are busy, especially at the end of the month and before holidays.
2. Bring identification: your passport or residence card. For property and many other deeds you will also need your NIE.
3. Send documents early: the notaría prepares the draft from the documents you send, such as the property’s details or the text of a power of attorney. Ask for the draft and read it before the day.
4. Make sure you understand: deeds are written in Spanish. If your Spanish is not strong, tell the notaría in advance. Some offices can prepare bilingual documents, and the notary may ask you to bring an interpreter.
5. Documents for use abroad: if a notarial document will be used in another country, it may need an apostille. Ask the notaría how to arrange it.

FAQ: notaries in Spain

Are notary fees the same everywhere in Spain?

Yes, the base fees are set by the national tariff in Royal Decree 1426/1989. The final bill still varies with the length of the document, the number of copies and VAT.

How much does a power of attorney cost?

The base fee for a general power of attorney is 30.05 euros. VAT, extra pages and certified copies are added, so ask the notaría for an estimate.

Can I choose my own notary when I buy a home?

For a mortgage, the Banco de España confirms that the borrower chooses the notary and the bank cannot impose one. For the purchase itself, agree on the notary with the seller and check what the purchase contract says.

Do I need a lawyer if a notary is involved?

The notary checks legality and explains the document, but does not represent you or investigate the property or deal for you. For property purchases and inheritances, many foreigners also use their own lawyer.

Useful links

• BOE: notary tariff, Royal Decree 1426/1989 (Spanish)
• Banco de España: the notary’s role when you sign a mortgage (Spanish)
• Banco de España: who pays which mortgage costs (Spanish)
• Consejo General del Notariado: find a notary

Disclaimer: This article is general information, not legal or financial advice. Rules and prices change, so check with the official source before you decide.