THE NOTARY IN SPAIN

The notarial system in Spain follows the continental European system.

WHO IS THE NOTARY?

The notary is a public official of the State as well as a highly qualified law professional. Access to the notary requires intense and deep law studies, as well as a hard and objective selection procedure.

WHAT DOES THE NOTARY DO?

The notary signs deeds, documents that offer maximum legal security in Spanish law.  The essential features of the deeds are:

1. If it says it is true, it is true

2. The agreements reached by the parties can be implemented without need for further confirmation.

3. Deeds conform to what the laws says

Deeds only circulate through copies, the matrix that keeps the original signatures of the parties, is kept in the office of the notary until it is signed by the Notarius Publicus.  Subsequently deeds are kept at the historical archive, so that copies of the title deeds can be obtained for at least hundred years.

The most common deeds include the following:

1. Selling and buying of properties

2. Establishing mortgages and warranties

3. Wills

4. Inheritance deeds

5. Powers of attorney

WHAT ARE THE EXPENSES?

Notaries apply a fixed fee set by the Government. All the notaries of Spain charge the same for the same services. The competition between them is only based on quality.

Notary costs can be fixed, as in the case of wills, powers etc., or variable, depending on the value of the assets of the business, such as mortgages and purchases.

The notary is obliged to give you a detailed invoice.