Escritura
An escritura is an official notarial deed drawn up by a Spanish notary (notario). It is the document that formalises legally significant acts, most commonly the purchase or sale of property, but also the creation of a company, the granting of a mortgage, and the execution of a power of attorney. In a property transaction, the escritura de compraventa is the moment ownership legally transfers from seller to buyer.
Escritura pública versus escritura privada
An escritura pública is a document formalised before a notary. It carries full legal force and can be inscribed in the Registro de la Propiedad. This is what you need for property purchases. An escritura privada is a private agreement between parties without notarial involvement. It is legally valid between the signatories but cannot be registered, which means it does not provide the same level of legal protection against third party claims.
The role of the notary
The Spanish notary is a public official who verifies the identity of the parties, confirms that the transaction complies with the law, reads the deed aloud, and ensures both parties understand what they are signing. The notary does not represent either party. Their role is neutral. You can choose your own notary; it does not have to be one proposed by the other party or the bank.
What happens at the signing
On the day of the signing (firma), both parties meet at the notary's office. The notary reads the entire deed aloud, including the property description, the price, the payment terms, and any charges or encumbrances. Once both parties sign, the notary issues a copia autorizada (authorised copy) to each party. The original stays with the notary. The notary then sends a copy to the Registro de la Propiedad for inscription.
Costs
Notary fees are regulated by law and depend on the value of the transaction. For a property purchase of 200,000 to 300,000 euro, expect notary fees between 600 and 1,000 euro. The buyer typically pays the notary fees, unless agreed otherwise. Registration fees at the Registro de la Propiedad are separate and additional.
After the escritura
After signing, several things must happen. The buyer must pay the transfer tax (ITP for second hand properties, or IVA plus AJD for new builds) within 30 days. The escritura must be inscribed at the Registro de la Propiedad to protect the buyer's ownership against third party claims. The seller must file for the municipal plusvalía. If the seller is a non resident, the buyer must retain and pay 3% of the price via Modelo 211.
