The notary in Spain

A Key Figure in Legal and Administrative Processes

• In Spain (and across Europe), the notary plays a crucial role in administrative and legal matters
• Acts as a public official with delegated legal authority, under the Spanish Constitutional Monarchy
• Heavily regulated profession with no competition among notaries
• Responsible for certifying official acts and documents with the official Seal of Spain



WHAT DOES A NOTARY DO?

Real estate

Sales, drafting of rental contracts, related negotiations

Successions

Drafting acts and handling inheritance procedures

Banking

Carrying out acts related to credit

Business

Assisting with business-related legal acts

Advisory

Providing legal advice, negotiation, and counseling (often overlooked, as many turn to lawyers instead)



FREE INITIAL CONSULTATION

• Spanish notaries are required to offer free legal advice to anyone who requests it
• Provides impartial guidance on administrative and legal matters
• Wide range of notaries available across Spain, with increasingly diverse services



LEGAL STATUS OF THE NOTARY

• Regulated by the Law of May 28, 1862, and Decree of June 2, 1944 (amended in 2007)
• Obligated to attest and register any act or contract citizens wish to formalize
• Cannot reject a valid user request without legal grounds
• Guarantees citizens protection and impartiality in all legal matters



DUAL ROLE: CIVIL SERVANT & LEGAL PROFESSIONAL

• Spanish notaries are civil servants (unlike French liberal notaries)
• Collaborate with public administrations, access registries and official data
• Provide expertise across social security, pension funds, and administrative matters



ROLE IN REAL ESTATE TRANSACTIONS

• Essential partner for foreign investors buying or selling property in Spain
• Provides free advice on the real estate market and legal requirements
• Only notaries can register deeds in the Property Registry, ensuring legal protection
• Important: notaries do not represent the interests of either buyer or seller
• Buyers are free to choose their preferred notary and should inquire about expertise during the free initial consultation



GUARANTEEING LEGALITY

• Ensures security and legality throughout the sales process
• Supports the entire process: reviewing contracts, verifying documents, checking legal and technical compliance
• Confirms seller’s ownership rights and required legal diagnostics
• If you need someone to advocate for your personal interests, consider hiring an independent real estate lawyer



THE NOTARY: YOUR LEGAL SAFEGUARD

• A vital professional ensuring proper handling and legality of all administrative and legal actions
• In Spain, public acts and contracts certified by a notary are irrefutable, protecting you from future disputes