Buyer’s guide

Notary and lawyer in Spain

By the WeSellHomes teamUpdated on 6 October 20262 min read

When you buy in Spain you need a notary and, sensibly, your own Spanish property lawyer. The notary is impartial: they check the identity of buyer and seller and record the sale in the deed. Your lawyer works for you and checks that the home is free of debts, legally built and that all taxes have been paid.

At a glance
Notary
Impartial, compulsory, records the sale in the escritura
Lawyer
Works for you, not compulsory but strongly recommended
Notary fees
Set by law, around 0.2% of the price
Lawyer’s fees
Typically around 1% plus 21% VAT
Power of attorney
Your lawyer can sign for you with a poder notarial

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.

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