The Notary & Escritura — Completing Your Property Purchase

A notario público in Spain is a government-appointed legal professional responsible for authenticating official documents, including property transactions. Unlike notaries in some other countries, Spanish notaries are qualified lawyers with additional specialized training. They act as impartial guarantors of the legality of the transaction — they verify identities, ensure the document is legally correct, and confirm that both parties understand what they're signing. The notary does not represent either the buyer or the seller.

A standard property purchase takes one to two hours at the notary. The bulk of the time is the reading of the escritura (thirty to sixty minutes). With a mortgage, add another thirty to sixty minutes for the separate mortgage deed reading and signing. Simple transactions (cash purchase, no complications) can be faster. Complex ones (multiple sellers, outstanding charges requiring resolution, translated documents) can take longer.

No. You can grant a power of attorney (poder notarial) to your lawyer or another representative to sign on your behalf. This is common for international buyers who can't be in Málaga on the exact completion date. The power of attorney must be signed before a notary — either a Spanish notary (if you're in Spain beforehand) or at a Spanish consulate abroad (with apostille). Your lawyer can arrange this.

Yes. The buyer traditionally has the right to choose the notary. Your lawyer will typically recommend a notary they work with regularly, which streamlines communication and preparation. Any notary in Spain can handle the transaction — it doesn't need to be in the same city as the property, though having it in Málaga is practical.

Your passport (original), your NIE (original certificate), your bank details (for payment verification), and any power of attorney documents if signing on behalf of another party. Your lawyer brings the legal documentation — you should not need to source any additional papers on the day itself. Arrive with your lawyer fifteen minutes before the scheduled time.

An escritura pública is a public deed authenticated by a notary — this is what you sign when buying property. It has legal force and is inscribed in the Land Registry. An escritura privada is a private document between two parties without notarial authentication — the arras (deposit contract) is typically an escritura privada. Only the escritura pública signed at the notary transfers legal ownership.

Your lawyer is there precisely for this situation. Common issues that arise: a last-minute discrepancy in the Nota Simple (a newly registered charge), a utility debt the seller hasn't cleared, a cadastral reference error, or a bank transfer delay. In most cases, the issue can be resolved on the spot or the signing is postponed briefly (hours or days) while the issue is fixed. This is why having your lawyer present is non-negotiable.

Immediately after the escritura is signed and payment is confirmed. The seller hands over the keys at the notary office. From that moment, the property is legally yours to access, occupy, or begin renovating. The Land Registry inscription (which formally records your ownership) happens in the following weeks but doesn't affect your right to the property — the signed escritura is your proof of ownership.

After signing, the notary electronically transmits the escritura to the Land Registry. Your lawyer (or a gestoría acting on their behalf) follows up to ensure the inscription is completed, typically within four to eight weeks. Once inscribed, you receive an updated Nota Simple showing you as the registered owner. Your lawyer also handles updating the IBI records with the local council, transferring utilities, and ensuring the Catastro records reflect the new ownership.

A Nota Simple is an extract from the Land Registry showing the current legal status of a property: who owns it, any registered charges (mortgages, liens, legal disputes), and the property description. Your lawyer requests this at the start of the buying process and again immediately before the notary signing to confirm nothing has changed. It's the document that proves the seller actually owns what they're selling and that the property is free of hidden encumbrances. It costs approximately €10 from the Land Registry and is essential.

The escritura is always in Spanish — that's a legal requirement. However, you have several options for understanding: your lawyer translates and explains each section (the standard approach for most international buyers), or a sworn translator (traductor jurado) attends the signing and provides real-time translation (recommended for buyers who want word-for-word comprehension). Additionally, you can request a bilingual escritura (some notaries prepare dual-language versions), though this is less common and adds cost.

The arras (deposit, typically 10% of the purchase price paid when signing the arras contract weeks before) is deducted from the total purchase price at completion. So if the property costs €300,000 and you paid €30,000 in arras, the remaining payment at the notary is €270,000. The escritura records both the total price and the previously paid arras. Your lawyer ensures the arithmetic is correct and reflected accurately in the deed.