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Signing the Escritura in Spain: What Happens at the Notary

Signing the Escritura in Spain: What Happens at the Notary

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Completion Day: Signing the Escritura

The escritura publica (public deed) is the moment the property officially changes hands. It is the most important day in the buying process. Knowing what to expect removes the stress and helps you focus on what matters: making sure everything is correct before you sign.

What Is the Escritura?

The escritura is the notarised deed of sale. It is a public document, prepared and witnessed by a notario (public notary). Unlike in many countries, the Spanish notary is a neutral legal officer appointed by the state, not a representative of either party. The escritura is the document that gets registered at the Land Registry to formally transfer ownership.

Before the Signing: Preparation

Your lawyer or gestor should have prepared everything well before the appointment:

  • Final Nota Simple check (within 48 hours of signing) to confirm no new charges
  • Bank cheques prepared for the seller, tax office, and any agents
  • All original documents: NIE, passport, arras contract, mortgage deed (if applicable)
  • Proof that IBI and community fees are paid up to date
  • Energy performance certificate
  • Proof of payment of ITP (transfer tax) or arrangement for post-signing payment

Who Attends

Present at the signing:

  • Buyer (or their legal representative with power of attorney)
  • Seller (or their legal representative)
  • The notary
  • Bank representative (if there is a mortgage, both for the buyer's new mortgage and to cancel the seller's existing mortgage)
  • Optionally: lawyers for both parties, interpreter if needed

What Happens During the Signing

The notary reads the entire deed aloud in Spanish. This is a legal requirement. If you do not speak Spanish, you are entitled to an interpreter, though you may also need to sign a declaration that you understand the content. The reading typically takes 30-60 minutes.

The notary verifies:

  • Identities of all parties
  • The property description matches the Nota Simple and catastral data
  • The declared purchase price
  • That the seller's mortgage (if any) will be cancelled
  • That the buyer's mortgage terms (if any) are correct

Once the reading is complete and everyone agrees, all parties sign. The notary stamps the deed. At this point, ownership transfers to you.

Payments on the Day

On signing day, you pay:

  • Remaining purchase price: Typically via bank cheque (cheque bancario), not a personal cheque or cash transfer
  • Notary fees: 600-1,200 EUR for a typical apartment
  • ITP (transfer tax): 7% in Andalucia, paid within 30 days (your gestor usually handles this)
  • Land Registry fee: 300-600 EUR

Use our free calculator to estimate your total costs so you know exactly how much to have available on completion day.

After the Signing

You receive a copia simple (simple copy) of the deed immediately. The copia autorizada (authorised copy) follows in a few days. Your lawyer submits the deed to the Land Registry. Registration takes 1-3 months. You also need to:

  • Change utilities (water, electricity, gas) into your name
  • Set up a direct debit for IBI and community fees
  • Get home insurance (required if you have a mortgage, recommended regardless)
  • Update the community of owners with your contact details

Common Issues on Signing Day

Delays in bank cheque preparation, last-minute discrepancies in property description, and missing documents are the most common problems. Having an experienced lawyer present prevents small issues from derailing the signing. If something is genuinely wrong, do not sign. Your lawyer can request a postponement.

Calculate Your Property Costs

Use our free calculator to get a complete breakdown of all costs involved in buying your Spanish property.

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