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A frequent question from foreign buyers is whether they need a lawyer at all if a notary has to sign the deed anyway. The confusion is understandable: in some countries the notary takes care of almost everything. In Spain the roles are different, and understanding the notary vs lawyer distinction can save you from costly surprises.
The role of the Spanish notary
The notary (*notario*) is a public official. Their functions in a property sale include:
- Verifying the identity and legal capacity of buyer and seller.
- Checking the registered ownership and charges on the day of signing, by consulting the Land Registry.
- Drafting the public deed (*escritura pública*) and reading it to the parties.
- Confirming the means of payment for anti-money-laundering purposes.
- Sending a copy of the deed electronically to the Land Registry and the tax office.
The notary must be impartial. They do not advise one party against the other, and they are not responsible for checks outside their function.
What the notary does NOT do
The notary does not:
- Investigate whether buildings, extensions or pools have planning permission.
- Check the town hall for open infringement proceedings.
- Verify a holiday rental licence.
- Review community of owners minutes or planned works.
- Negotiate the price, the deposit or protective clauses.
- Check whether the property is occupied or rented.
- Advise you on taxes, residency or inheritance consequences.
And by the time you arrive at the notary, you have usually already signed a private contract and paid a deposit, so the key decisions have been made.
The role of your lawyer
An independent lawyer works only for you. Their job begins before any money is paid:
- Legal due diligence on title, charges, planning, licences and debts.
- Drafting and negotiating the reservation and arras contracts.
- Advising on tax and structure (personal name, spouse, company).
- Obtaining your NIE and acting under power of attorney if you cannot travel.
- Reviewing the draft deed before the notary appointment.
- Paying taxes, registering the property and changing utilities.
Our property lawyers handle all of these steps in English, German and Spanish.
A practical comparison
Imagine a villa with a pool built without a licence. The notary will sign the deed if title and registered charges are in order, because planning legality is not part of the notary’s check. A lawyer, on the other hand, would detect the problem during due diligence and negotiate a solution before the deposit is paid.
Differences with other countries
In Germany, Austria or Switzerland, buyers are used to the notary playing a central, protective role, including holding funds in escrow. In the UK, the solicitor handles the conveyancing. Spain sits somewhere in between: the notary gives legal certainty to the deed, but the investigation and negotiation remain with the buyer. Our overview of Spanish law explains other key differences foreign clients should know.
Frequently asked questions
Who chooses the notary?
Usually the buyer, as the buyer pays most of the notary’s fees, but this can be agreed in the contract.
Can the notary translate the deed?
The notary must ensure you understand the deed. If you do not speak Spanish, an interpreter or a bilingual deed is needed. Your lawyer can act as interpreter.
Are notary fees high in Spain?
They are regulated by law and depend on the value of the property. They are usually a small part of total purchase costs.
Conclusion
The notary and the lawyer are complementary, not alternatives. The notary gives the deed public authority; the lawyer protects your interests before and after it is signed. Castell.law works alongside notaries across the Balearic Islands to make sure our clients know exactly what they are buying.
