What Happens at the Notary Signing Day When You Buy Property in Spain

The notary signing day is the moment ownership actually transfers — but a few specific mechanics catch buyers and sellers off guard, especially when a non-resident seller is involved. Here is what to expect.

What the notary actually does

On completion day, both parties (or their representatives) attend before a Spanish notary, who reads out the public deed of sale (escritura pública), confirms both sides understand and accept its terms, and witnesses the signatures. The notary does not negotiate terms or represent either side — that is why an independent lawyer should have already reviewed everything well before this day.

The 3% non-resident retention

If the seller is a non-resident, Spanish law requires the buyer to withhold 3% of the agreed price at signing and pay it to the tax authorities using Modelo 211, within one month of completion. In practice, this means the non-resident seller receives only 97% at the notary — not the full amount — since the withheld 3% acts as an advance against the seller’s eventual capital gains tax liability. The seller then has four months from the sale to file their own Modelo 210 declaration, which calculates the actual gain and reconciles against what was withheld.

You do not have to attend in person

If you cannot be in Spain on the scheduled day, a representative can sign on your behalf under a power of attorney (poder notarial), which is routine for buyers and sellers based abroad.

What to bring, and what happens right after

Bring your NIE and passport or ID, proof of funds or your mortgage deed if financing the purchase, and the power of attorney if someone is signing on your behalf. Once signed, the notary sends the deed for inscription at the Land Registry, and keys are typically handed over at or shortly after the signing itself.

Call us today on +34 919 499 342 or email marialuisa@costaluzlawyers.es to make sure your notary signing day goes smoothly, with no surprises.

Frequently Asked Questions

What actually happens at the notary on completion day?

The notary reads out the public deed of sale (escritura pública) in the presence of both parties or their legal representatives, confirms both sides understand and agree to its terms, the price is paid, and both parties sign before the deed is formally authorised.

Why is 3% withheld from the price if the seller is a non-resident?

Spanish law requires the buyer to withhold 3% of the agreed price when the seller is a non-resident, and pay it to the tax authorities using Modelo 211 within one month of completion — the seller receives only 97% at signing, not the full amount.

Do I need to be physically present at the notary?

No — you can sign through a representative acting under a power of attorney (poder notarial), which is common for buyers or sellers who are abroad on completion day.

What documents do I need to bring to the notary?

Typically your NIE, passport or ID, proof of funds or mortgage deed if financing, and — if using a representative — the power of attorney authorising them to sign on your behalf.

What happens immediately after signing?

The notary sends the deed for registration at the Land Registry, keys are normally handed over at or shortly after signing, and if a 3% retention applied, the buyer must file Modelo 211 within one month; the non-resident seller then has four months to file their own Modelo 210 capital gains declaration.

The notary signing itself is only one part of the day — see the full step-by-step guide to completion day.