The notary and the sale process in Spain, step by step

From the first agreement to the keys: what the arras contract does, what the notario checks, what happens on signing day and what is left for you afterwards.

General information, not legal or tax advice. Rules differ by region and municipality and change over time; have your own situation checked by the notary or a local adviser.

In Spain, a home sale is completed in front of a notary (notario). The notary is a public official, not an agent for either side: he or she checks the legal position of the property, identifies the parties, explains the consequences of the deed and makes sure it complies with the law. Once the deed is signed, it is sent to the Land Registry so the buyer becomes the registered owner. Here is how the process usually runs, from the first agreement to the moment you hand over the keys.

Step 1 — Prepare before you look for a buyer

A smooth sale starts before the first viewing. Request a recent nota simple, check that the registry and the Catastro match what is built, and have the energy certificate made and registered — it is required for advertising. Our guide on the documents you need lists everything. If you still have a mortgage, ask your bank how and when it will be paid off and cancelled at completion.

Step 2 — Agree the price and the conditions

Once a buyer has made an acceptable offer, agree the essentials in writing: price, what is included (furniture, appliances, parking space, storage room), the date of completion, and who pays which costs. Some buyers first pay a small reservation amount to take the property off the market for a short time. That can be useful, but a reservation document is often vague; the real commitment comes with the arras contract.

Step 3 — The arras contract (contrato de arras)

The contrato de arras is a private contract in which the buyer pays a deposit and both parties commit to signing the deed before a certain date. It is not legally required, but it is the norm in Spain. What makes it important is the type of arras, which must be stated clearly:

Arras penitenciales — based on article 1454 of the Spanish Civil Code. Either party may withdraw: the buyer by losing the deposit, the seller by returning it doubled. This is the most common type in private sales.
Arras confirmatorias — the deposit is simply an advance on the price; neither party can walk away freely, and the other side can demand performance or damages.
Arras penales — the deposit works as a penalty for breach, while the other party can still demand that the contract is fulfilled.

A good arras contract also states: the identification of the property and its registry details, that it is sold free of charges and occupants (or not), the completion deadline, who chooses the notary, how the non-resident retention and the plusvalía will be handled, how that year's IBI and community fees are split, and any conditions — for example that the buyer obtains a mortgage. Have it checked by a Spanish lawyer before you sign, and receive the deposit by bank transfer.

Step 4 — Choose the notary and send the documents

Spanish law lets the parties choose the notary. In practice the buyer often proposes one, especially when a mortgage bank is involved, but you can agree otherwise in the arras contract. Send the notary's office the deed, nota simple details, IBI receipt, energy certificate, community certificate, your NIE and identification, and the details of your mortgage if it is to be cancelled.

The notary's office then does its own checks. It requests up-to-date information from the Land Registry about the owner and any charges, and information on outstanding IBI; it verifies the cadastral reference; and it prepares a draft of the deed (borrador). Ask for that draft a few days in advance and read it carefully — or have your lawyer read it. It is much easier to fix a mistake in the draft than at the signing table.

Step 5 — Signing day (otorgamiento de la escritura)

At the appointment, the notary identifies everyone, reads out or summarises the deed and explains its consequences. The Consejo General del Notariado describes what happens in the deed: the seller states whether the property is free of tenants and occupants, the notary informs the buyer about mortgages, attachments and other charges, and explains the legal and tax obligations arising from the sale. The means of payment is recorded in the deed; in practice the price is paid by bank transfer or banker's draft (cheque bancario).

Several payments are often settled at the same moment:

your remaining mortgage is repaid, so the bank can cancel it;
if you are a non-resident, the buyer deducts the retention for the tax office — see tax for non-resident sellers;
the buyer may hold back the expected plusvalía, if that was agreed;
the pro-rata IBI and community fees, if agreed.

Under the Civil Code, signing the public deed normally counts as handing over the property, unless the deed says otherwise. So bring the keys, and agree in advance about meter readings and any items that stay.

Signing from abroad

You do not have to be present. You can give someone a power of attorney (poder notarial) to sign on your behalf. It can be signed at a Spanish consulate in your country, or at a notary where you live; in that case it usually needs an apostille, and a translation if it is not in Spanish. Ask the Spanish notary to approve the wording first, and limit the power to this specific sale.

Step 6 — After signing: registry and loose ends

According to the notaries' association, after the signing the notary sends an authentic electronic copy of the deed to the Land Registry. The buyer pays the transfer tax (or VAT for a new build) and the registration; once registered, the buyer appears as owner in the registry. For you as the seller, a few things remain:

File the plusvalía declaration with the town hall within thirty working days, unless the buyer, as substitute taxpayer, takes care of it.
If you are a non-resident: file form 210 for the capital gain, using the buyer's form 211 copy.
Cancel your direct debits for IBI, community fees, water, electricity, gas and insurance, or transfer them to the buyer.
Inform the community administrator of the change of owner.
Keep a copy of the deed and all payment records with your tax papers.

Who pays the notary?

The Civil Code's default rule is that the seller pays for the original deed and the buyer for the first copy and everything after the sale — unless the parties agree otherwise. In practice the split is often agreed differently, so settle it in the arras contract. Notary fees are set by an official tariff; ask the notary's office for a quote.

Want to know what you need before you start? Read the documents list and how to advertise on idealista and fotocasa, or go back to selling your house in Spain.

Help with selling your house in Spain

Tell us about your home. We look with you at a realistic asking price, the documents your home needs and the steps up to the notary — also if you do not live in Spain.

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More guides for selling in Spain

Documents you need to sell a home in Spain — Nota simple, escritura, energy certificate, habitability, IBI, community certificate and NIE.
Selling in Spain as a non-resident: tax and the retention — The buyer's retention (form 211), your own return (form 210) and the municipal plusvalía.
How to list your home on idealista and fotocasa as a private seller — Photos, floor plan, description, price, handling enquiries and avoiding scams.
Sell your house in Spain
Selling an inherited house abroad

Sources

Consulted on 30-09-2026. Always check the current version at the source.