Escritura Pública (Public Deed)

In Spain, the notary plays a central role in property transactions. Unlike in England or the US, the Spanish notary is a public official who verifies identities, ensures all parties understand the document, and confirms that the transaction complies with the law. The escritura is the moment when ownership legally transfers. Without it, a property purchase cannot be registered, and unregistered ownership leaves you exposed to serious legal risks.

What Happens at the Notary?

On completion day, all parties (or their legal representatives under a power of attorney) attend the notary’s office. The notary reads the deed aloud, verifies identities, confirms the purchase price, and oversees the exchange of payment (usually via banker’s draft). Both parties sign, the notary stamps and seals the document, and you receive a copia simple (simple copy) immediately. The copia autorizada (official copy) is sent to the Land Registry for registration. The buyer also pays the taxes (ITP for resales, IVA for new builds) at this point.

Key Facts About the Escritura

• Notary fees are regulated by law and depend on the property value (typically €600–€1,500)
• The buyer chooses the notary (not the seller or the estate agent)
• Foreign buyers who do not speak Spanish should bring a sworn translator or use a power of attorney
• The notary checks for outstanding debts, community charges, and tax compliance
• Signing the escritura and paying are simultaneous — there is no gap
• After signing, the buyer’s lawyer submits the deed to the Registro de la Propiedad for registration
• The copia autorizada (official copy) is the document you keep as proof of ownership

Related Legal Terms

• Nota Simple (Property Registry Extract)
• Contrato de Arras (Deposit Contract)
• ITP (Impuesto de Transmisiones Patrimoniales)
• Comunidad de Propietarios (Community of Owners)
• Back to Legal Encyclopedia — A-Z Guide

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Need Help with Escritura Pública?

Our bilingual legal team assists expats across Spain with every aspect of escritura pública. We handle the paperwork, liaise with Spanish authorities on your behalf, and make sure nothing falls through the cracks.

This entry is part of our Legal Encyclopedia for Expats in Spain. Browse the full A-Z guide for more terms.

For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.

Why you need an independent lawyer to review the escritura before you sign

The notary who reads out and authenticates the escritura pública is a neutral public official. Their job is to confirm identities, witness the signatures and certify that the deed is formally correct — not to protect your interests or to check that the property is a sound purchase. That is the role of your own independent lawyer, and it is why the review that happens before completion day matters far more than the signing itself.

By the time the deed is on the notary’s desk, the important questions should already be answered. Reviewing the draft escritura and the underlying due diligence, an independent lawyer confirms that the description of the property matches the register and the physical reality, that the seller is the true owner, that there are no undisclosed charges (cargas), embargoes or community debts, that any mortgage will be cancelled at completion, and that what you are actually signing reflects what you agreed. Once the deed is signed before the notary, it is very hard to unwind — so the value of the lawyer is in the checking done beforehand, not in a signature on the day.

We have reviewed thousands of Spanish deeds for international buyers since 2006. The pattern is consistent: the problems that cost buyers money are almost always visible in the paperwork before signing, to someone who is looking on the buyer’s side. Contact us for a fixed-fee quote to have your escritura and its due diligence reviewed before you commit.

Frequently asked questions

What is the escritura publica in a Spanish property purchase?

The escritura publica is the public deed of sale, signed before a Spanish notary, that formally transfers ownership of the property. It is the document later registered at the Land Registry, and it is the legal record that you own the home.

Does the notary check the property for me?

No. The notary is a neutral public official who authenticates the deed, confirms identities and witnesses the signatures. The notary does not carry out due diligence on the property or protect your interests; that is the role of your own independent lawyer.

Why do I need a lawyer to review the escritura before signing?

Because once the deed is signed it is very hard to unwind. An independent lawyer reviews the draft escritura and the due diligence beforehand to confirm the seller is the true owner, that there are no undisclosed charges or debts, that any mortgage is cancelled at completion, and that the deed reflects what you agreed.

Can I sign the escritura if I do not travel to Spain?

Yes. You can grant your lawyer a limited power of attorney (poder notarial), signed before a notary at home or a Spanish consulate and apostilled, so that they can sign the escritura on your behalf to your written instructions.

What happens after the escritura is signed?

After signing, the notary notifies the Land Registry and the deed is registered in your name, and the transfer taxes are paid. Your lawyer handles registration and the tax filings so that your ownership is properly recorded and there are no loose ends.

This article is general information for international buyers, current as at July 2026, and does not constitute legal or tax advice — every purchase requires individual analysis. Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers (ICA Cádiz 2745), who has advised hundreds of international buyers on Spanish property since 2006.

Missing a filing on a Spanish property has consequences beyond the paperwork itself — see how Hacienda audits non-resident property owners and how far back it can go.