The notary in Spain, a key figure
In Spain and all across Europe, the notary is a key figure in carrying out certain administrative and legal procedures.
Moreover, they are a public official entrusted with a legal mission for which the Spanish Constitutional Monarchy delegates part of its authority. It's important to note that notaries are heavily regulated, and there is no competition among these legal professionals.
In popular representation, the notary is usually the one who affixes their seal on official acts and documents, a seal containing the symbols of Spain and placed on notarial acts to certify that the act is approved by a legal representative.
What are the activities of the notary?
Each year, over 4 million notarial acts are carried out in Spain, and notarial activity is divided into different sectors, including:
The first consultation is free
It's regrettable that the public is not fully informed, as in Spain, the first consultation with a notary is free. In fact, notaries are required to provide free legal advice to any citizen who requests it.
This accessibility is highly valued and allows people to receive guidance on their administrative and legal procedures impartially.
While the status of notaries is firmly established in legislation, their professional activities have diversified considerably in the last decade, and in Spain, there is a wide range of notaries offering their services.
What is the status of the notary in Spain?
The status of the notary is based on the Law of May 28, 1862, and is supported by the Decree of June 2, 1944, as amended in 2007.
According to Article 2 of the Notarial Law, this professional is obliged to attest and receive any act and contract to which citizens wish to give the authenticity characteristic of acts of public authority.
In other words, a notary cannot reject a user's request without valid reason, as this could compromise their professional responsibility.
Therefore, the notarial status is firmly regulated by law and protects citizens who wish to raise a legal issue, as the notary cannot refuse to draft acts, nor to ensure their date, deposit, or delivery.
The notary is a trusted professional with public powers and a representative of the Seal of Spain, who is also a legal expert and advisor accessible to all.
These are characteristics that protect citizens and guarantee the impartiality of the notary in addressing any presented issue.
The Spanish notary: civil servant and legal professional
Another particularity of Spanish notaries is that they have a dual status, as they are civil servants, unlike French notaries who practice in a liberal manner, and they are also legal professionals, as required by Notarial Law.
Therefore, notaries can collaborate with public administrations, follow cases with data from cadastral or property registers, and have access to the technical, human, and computer resources of Spanish public services.
Therefore, the advice and expertise of notaries are based on a highly appreciable professional diversity, which enables them to assist citizens in resolving issues related to social security, pension funds, and other problems generated by public administrations.
The functions of the notary in a real estate transaction
To illustrate the role and functions of the notary, we offer you a concrete example if you wish to buy or sell a property in Spain.
If you are a foreign investor planning to buy or sell a property in Spain and do not fully understand the language or the legal complexity of the real estate market, the notary can be of great assistance at all important stages of the real estate transaction.
In fact, the notary can provide you with free advice on the state of the real estate market in the area where you wish to acquire a property, just as a Spanish real estate agent would, but without the commitment of independence.
According to Spanish Notarial Law, notaries are the only ones who can register notarial deeds in the Property Registry. A necessary step that provides you with complete legal protection.
Spanish notaries cannot guarantee the interests of the parties involved
Despite the numerous benefits of having a notary in a real estate negotiation, it's important to note that Spanish notaries cannot represent the interests of the buyer or the seller.
However, among the approximately 3,000 notaries distributed throughout Spain, many have a deep understanding of local real estate prices and possess a vast professional database filled with information.
So, before starting the purchase of a property, approach this legal professional.
Keep in mind that you are free to choose the Spanish notary that best suits your situation, so feel free to ask them about their areas of expertise in the initial consultation, which, we remind you, is free and non-binding.
The notary guarantees the legality of the project.
Finally, due to their status as a state official, the notary in Spain will ensure security and legality throughout the entire sales process.
They can accompany you until the final sale signing, going through the sales contract and all legal, administrative, and technical verifications that may be part of this type of process.
They will verify the identity of the requested documents and the legal quality of the buyer or seller.
Their expert eye will indicate the seller's property rights, the technical characteristics of the property unit, and the various diagnostics required by Spanish legislation.
If you desire a professional who will advocate for your interests during the transaction, you can also contact a law firm that offers real estate negotiation services in Spain.
The notary in Spain: an indispensable professional who guarantees you legal protection
As you can see, the Spanish notary is a high-quality professional who will ensure the proper development and legality of your administrative and legal procedures.
In Spain, public acts and contracts approved by the seal of a notary are irrefutable, meaning you will be protected from future complications and no one can question the authenticity of your documents.