The day you go to the notary is the most important one when buying a home. It is also the one that raises the most questions. Signing the deed is the final step. The notary’s main role is to provide legal certainty to the transaction. But there are quite a few false beliefs about how far their actual responsibility goes.
Let’s look at exactly what they do and which aspects fall outside their control.
What Is a Notary and What Are Their Functions in the Purchase of a Home?
To begin with, you need to be clear about what a notary is. They are a public official of the State. Their work is impartial. They are not on the buyer’s side or the seller’s side. Their duty is to guarantee that the sale complies with current law.
So, what does a notary do on signing day? These are their main tasks:
- Identifying the parties by checking each person’s ID card or passport.
- Checking whether the property has any charges. They access the Land Registry to see if the home has previous mortgages, liens, or outstanding debts. They also verify who the real owner is and whether anyone holds the usufruct of the property.
- Reading the terms of the sale out loud.
- Making sure both parties understand what they are signing.
- Confirming the payment methods that will be used (bank checks, transfers, etc.).
If you are wondering who drafts the deed of a property, it is the notary themselves. They draw up the official document based on the information and agreements provided by the buyer and the seller.
Another frequent question is who chooses the notary in a property sale. The rule states that whoever bears the largest share of the notary costs has the right to choose. In practice, this means the buyer almost always chooses.
What the Notary Does NOT Do for You (Common Mistakes)
This is the most important point. The notary ensures the final paperwork is legal. But there are things they do not do, and you should know them before sitting down to sign.
- They do not negotiate the price or the terms: The notary does not assess whether you are paying too much or too little for the house.
- They do not draft the deposit contract (contrato de arras): This private document is prepared weeks before going to the notary’s office. It is drafted by the parties involved or their real estate agency.
- They are not your personal lawyer: Since they are impartial, they will not defend your private interests over those of the seller.
- They do not check the physical condition of the property: This is vital. The notary does not know if the house has damp issues, plumbing problems, or hidden defects. They only review the legal status on paper.
Frequent Questions: Notary Costs and Timelines
Going to the notary involves costs and waiting times. Here are direct answers to the most common financial and logistical questions.
Who Pays the Notary in a Property Sale?
Let’s get straight to the point on who pays the notary in a property sale. The Spanish Civil Code establishes a split: the seller must pay for the original deed (matriz) and the buyer pays for the copies.
But the reality in the market is different. The law allows the parties to reach agreements. And what is standard nowadays is to agree that the buyer covers all the notary costs for the property deed. You should know that notary fees (known as aranceles) are regulated by the State. They all charge the same for the same service.
How Long Does a Notary Take to Prepare a Deed of Sale?
The time varies depending on the office’s workload. To know how long a notary takes to prepare a deed of sale, the usual estimate is a few days to a couple of weeks from the moment you hand in all the required documentation.
But if you are buying with a mortgage, the timeline changes. The Mortgage Law requires at least 10 days to pass from when the bank sends your loan information to the notary until the day the signing can take place. During those 10 days, you have to visit the notary’s office to resolve any questions and sign a preliminary document (acta previa).
Why Does Having Cabanillas Real Estate by Your Side Make the Difference on Signing Day?
As we have seen, the notary certifies the legal act, but does not negotiate for you or physically inspect the house. That is where working hand in hand with a real estate agency in Estepona changes everything.
We do the groundwork. We make sure all the technical and legal documentation arrives at the notary’s office in perfect shape. We review the drafts of the deed of sale before signing to avoid errors. We coordinate the schedules of buyers, sellers, and the bank.
And most importantly: we are with you on the day itself. We are there to resolve any last-minute questions and guarantee a 100% secure transaction. If you want to buy real estate in Estepona, we take care of the details the notary does not cover. The same applies if your goal is to sell a house in Estepona. We protect your interests from day one until the keys are handed over.
Conclusions
The notary is a fundamental figure. They provide the final legal certainty to the transaction, draft the deed, and check for charges. But preparing the documents, handling the prior negotiation, and reviewing the physical condition of the house are your responsibility or your real estate agency’s.
The hard work is done before you set foot in the notary’s office.
If you are looking for real estate in Estepona and want a smooth process with no surprises at the notary, contact Cabanillas Real Estate.
Do you have any remaining questions about the documentation you need to prepare before booking an appointment at the notary’s office?
Si tienes consultas puedes contactar en sales@cabanillasrealestate.com
- What a Notary Really Does in a Property Sale in Spain (and What They DON’T Do) - September 22, 2026
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