What the notary does
The notary is a public official who treats both parties equally. They read out the deed, check who is signing, confirm that the home is in the seller’s name and send the deed to the registry. They do not check whether the home was legally built or what the community of owners is still owed.
What your lawyer checks
An independent lawyer (abogado) looks, before the purchase contract, at the points where things can go wrong in Spain.
- Ownership and charges, according to the nota simple from the Registro de la Propiedad.
- Whether the home as it stands was legally built and registered, with the right licences.
- Whether IBI, the waste charge and the community of owners’ fees have been paid.
- The energy certificate and, for a new build, the bank guarantee on your payments.
- The purchase contract itself, before you sign and pay.
An English-speaking lawyer
On the Costa del Sol and the Costa Blanca there are lawyers who speak English or Dutch. We work with regular lawyers and are happy to put you in touch, but the choice is yours: the lawyer works for you, not for us and not for the seller.
This guide is general information, not legal or tax advice. Have your own situation checked by a lawyer or tax adviser.
Frequently asked questions
Is a lawyer compulsory when buying a house in Spain?
No, only the notary is compulsory. Your own lawyer is strongly recommended, though, because the notary does not check everything.
How much does a Spanish property lawyer cost?
Typically around 1% of the price plus 21% VAT, or a fixed fee. Ask for a quote in advance.
Can the notary look after my interests?
No, the notary is impartial. They record what the parties agree, but do not advise you on the risks.
What is a poder notarial?
A notarised power of attorney. With it your lawyer can sign on your behalf, so you do not need to travel to Spain for every step.