FAQ

Notary deed — escritura pública

When does the property formally become mine after purchase in Spain?

Ownership transfers to the buyer at the moment the public deed (escritura pública de compraventa) is signed and the keys are handed over. The deed alone doesn't end the process, however — within 30 days you must pay the transfer tax (ITP or AJD), and then register the new owner in the Registro de la Propiedad (the property register).

The notary appointment itself typically lasts 1–2 hours. The notary reads the deed aloud in the presence of both parties, verifies identity and powers of attorney, checks payment evidence or bank confirmation, and then the parties sign. Keys are handed over immediately after signing.

Form of payment: the standard is a cheque bancario nominativo — a banker's draft issued to the seller, irrevocable and non-cancellable. Alternatively — an instant transfer through the Banco de España settlement system (Spain's central bank). Cash payment in Spain is legally restricted to €1,000 in transactions involving a professional — in practice it's not used for property purchases.

Language: the notary must be satisfied that the buyer understands the deed's content. If you don't speak Spanish — a translator is required, or a lawyer who speaks your language, or a trusted bilingual person (the notary must accept them). For our Polish-speaking clients, Artur and Ola from our team can act as translators.

Power of attorney (poder notarial) — the power of attorney is granted at a Spanish consulate in your home country or at a notary in Spain. Standard scope: purchase of the specified property at the agreed price, signing of all related documents, opening a bank account, obtaining an NIE.

What you receive after signing: copia simple (basic copy) on the spot — useful for residency registration, utilities, and community administration. Copia autorizada (authorized copy) is sent by post or collected at the notary office 2–4 weeks later. You wait for this second document until the Registro de la Propiedad enters you as the full legal owner in the property register.

What the notary doesn't verify: the physical condition of the property, market value, completeness of furnishings. The notary confirms legal compliance — they don't protect the buyer from a bad deal. Which is why full due diligence before arras matters.

Last reviewed: 20260514

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