What does the notary need to notarize my house purchase?

What is a public deed of sale?

A public deed of sale is the official document that formalizes the sale of a property before a notary public. It is a legal act that provides public authentication of the transaction: it records who is selling, who is buying, how the payment is made and under which conditions.

This document not only has legal value, but it is also essential to register the property in the Land Registry and legally protect your investment.

Why is it necessary to notarize a house purchase before a notary?

Before a property sale has full legal effect, it must be formalized through a public deed before a notary public. This procedure not only grants legal validity to the agreement between the parties, but also guarantees compliance with tax obligations and allows the property to be registered in the Land Registry.

Legal certainty and evidential value

The intervention of the notary guarantees that everything is carried out in accordance with the law. In addition, the deed has full evidential force: if any conflict arises in the future, this document will be key to proving what was agreed.

Tax and legal obligations

Notarizing the purchase is essential in order to correctly settle taxes (such as Property Transfer Tax or VAT, depending on the case). Without the deed, the transaction cannot be registered nor can tax obligations be fulfilled.

Possibility of registration in the Land Registry

The only way to register the property in your name and obtain full legal certainty is through the public deed. In this way, full legal security is provided and ownership of the new proprietor is consolidated.

Documents the notary needs to notarize a house

In order to draft the deed, the notary requires a series of documents proving the identity of the parties involved, the legality of the transaction and the status of the property.

Here is the complete list:

ID documents of the parties involved

Sellers and buyers must identify themselves with their official document (ID card, NIE or valid passport) to verify their identity.

Previous deed or title deed

This proves that the seller is indeed the owner of the property and has the right to sell it.

Energy performance certificate

Since 2013, it has been mandatory to provide this certificate, which indicates how energy-efficient the property is.

Latest Property Tax receipt 

This proves that the property tax payments are up to date and also helps calculate the proportional amount to be paid by the new owner.

Certificate confirming no outstanding community fees (if applicable)

If the property belongs to a homeowners’ association, this certificate guarantees that there are no outstanding debts with the community.

Land Registry extract (Nota Simple)

This is an informative document showing who owns the property and whether there are charges, mortgages, debts or liens attached to it. The notary can request it directly, but it is advisable to review it before formalizing the transaction.

Private sale agreement (if one has already been signed)

In many cases, before going to the notary, the parties sign a private agreement detailing the essential terms of the transaction: price, payment method, deadlines and other commitments.

It is important not to confuse this document with a deposit agreement, which is far more common. Although both are signed before the public deed, they have different legal natures:

• The deposit agreement is a pre-contract in which the intention to enter into a future sale agreement is expressed. It includes the payment of a deposit, with different effects depending on the type of deposit agreed (confirmatory, penalty or withdrawal deposits).

• The private sale agreement, on the other hand, is already a legally binding agreement by which one party transfers ownership to another, even though it does not yet have registry effects.

Both documents can be useful for the notary when drafting the public deed, as they reflect the parties’ intentions and the conditions previously agreed upon.

Means of payment (proof of bank transfer, etc.)

To comply with Anti-Money Laundering regulations, it is mandatory to indicate and justify the method of payment used in the real estate transaction.

What does the notary do with these documents?

Once all the documentation has been submitted, the notary is responsible for several key steps in the public notarization process:

Verification of legality

The notary checks that everything is correct: that the seller owns the property, that there are no legal issues affecting the property and that the payments are properly justified.

Drafting, reading and signing the deed

The notary drafts the public deed, adapting it to the specific circumstances of each property sale. During the signing appointment, the content is read aloud so that all parties fully understand what they are signing.

Communication with the Tax Office and the Land Registry

After signing, the notary sends the information to the Tax Office (for tax control purposes) and may also submit the deed electronically to the Land Registry.

Costs associated with notarization before a notary

Formalizing a property sale before a notary involves a series of costs that the buyer should take into account. These expenses not only include notary fees, but also applicable taxes and, where relevant, costs related to Land Registry procedures and the involvement of an administrative agency.

Below are the main concepts involved in the total cost of notarization.

Notary fees

Notary fees are regulated by official tariffs and vary depending on the value of the transaction, but they usually range between €500 and €1,000.

This means that notary fees are not freely set, but are determined by official regulations — the notarial tariff system — which establishes the applicable rates for each type of document or service, depending on criteria such as the value of the property, the length of the deed or the number of copies issued.

Taxes (Property Transfer Tax or VAT, Stamp Duty)

Depending on the type of property, the buyer will have to pay different taxes. If it is a second-hand property, the applicable tax is the Property Transfer Tax (ITP), the percentage of which varies depending on the autonomous community.

On the other hand, if the property is newly built — meaning it is transferred directly by the developer — the buyer must pay Value Added Tax (VAT) as well as Stamp Duty (AJD). In both cases, the final amount will depend on both the purchase price and the applicable regional tax regulations.

Administrative agency and Land Registry costs

If an administrative agency is hired (optional, but common), they handle the taxes and Land Registry procedures. Their fees usually range between €300 and €500, while Land Registry fees are generally between €200 and €500.

Practical tips before notarizing your house purchase

Before formalizing the real estate transaction before the notary, it is important to take into account some recommendations that can help avoid mistakes, delays or unexpected costs.

Although the notary acts as a guarantor that everything is correct, it is advisable to pay close attention to every detail.

Review all details before signing

Before signing the deed, it is essential to verify that all details are correct: from the identification of the parties to the description of the property, the price, the payment method and any existing charges. Any mistake may have legal or tax consequences.

Request a quote from the notary in advance

Although notary fees are regulated by official tariffs, it is advisable to request a prior estimate that includes all associated costs. If the notary also handles tax and registration procedures, an advance provision of funds will be required to cover those expenses upfront.

Make sure all documents are ready in advance

To avoid delays or the suspension of the signing appointment, it is essential that the notary receives all the required documentation well in advance.

Notarizing a property before a notary public is not a minor procedure: it constitutes the legal guarantee that ownership is correctly transferred and properly protected. In addition to notarial advice, having the support of specialized professionals such as the Engel & Völkers team facilitates every stage of the transaction, from preparing the documentation to the final signing before the notary, offering rigorous and personalized assistance throughout the entire buying and selling process.