Escritura Spain (Notarial Deed)
The Escritura pública de compraventa is Spain's notarial deed of sale — signing it in front of the notary is the moment ownership actually transfers, after which it's registered at the land registry to make the change of ownership publicly visible. A Spanish notary (notario) is a public official, not a private lawyer for either side — their role is to verify identity and legality, not to negotiate on your behalf.
What happens at the notary when you sign the Escritura in Spain?
The notary reads out the key contract terms, verifies both parties' identity (for non-residents, via the NIE) and confirms that the purchase price and conditions match what was previously agreed. Once both parties have signed, ownership has transferred under civil law. Anyone who cannot travel can appoint a representative through a notarised power of attorney (poder notarial).
What matters about these two points
The answer box above states the case. The two points it is built from carry their own heading here — together with what each of them means in practice.
What actually happens at the notary appointment: For the appointment this means: anything still to be settled on the day of the escritura is being settled too late. Price, payment route, freedom from charges and handover are fixed beforehand — the notary appointment executes, it does not negotiate.
Why travelling in person isn't strictly necessary
Anyone intending to use a power of attorney should have it drawn up early: a consulate appointment plus apostille together take several weeks.
And the wording has to fit the specific purchase — a general power of attorney will be turned away by the notary.
What follows straight after the Escritura
After signing, the notary generally submits the Escritura to the land registry (Registro de la Propiedad) directly for registration — the actual registration can take a few weeks depending on the office.
In parallel, the taxes due (such as ITP for a resale property) are settled, usually coordinated through the notary or an appointed law firm.
Why the advance notice to the land registry matters
Between signing the escritura and its entry in the Registro de la Propiedad, days or weeks pass — and during that window the register still shows the seller as owner.
The notary therefore sends an immediate electronic notice, the asiento de presentación, which reserves priority from the moment of signing. Anything registered afterwards, including a creditor's charge against the seller, ranks behind it. Without that notice the buyer would carry the risk of the gap.
This is also why the sequence cannot be reordered to suit convenience: the notice is generated by the notary at signing, and a buyer who signs elsewhere, or by private agreement, has no equivalent protection.
The power of attorney, when nobody can travel
Signing through a representative means a notarial power of attorney, and its form decides whether it works.
Granted in Spain, it is usable immediately. Granted abroad, it needs an apostille and a sworn translation, and the Spanish notary checks both. The second point is content: a general power is normally not enough.
Purchase and mortgage each require express authority naming the property and the loan — miss one and the buyer can acquire but not charge the property, which collapses half the appointment.
The safest route is to send the draft wording to the Spanish notary for approval before it is executed, not to discover the gap on the day.
Nota Simple →
The Nota Simple is the official land registry extract from the Registro de la Propiedad, listing the registered owner and existing charges.
Checking the Nota Simple protects against unpleasant surprises such as hidden mortgages, liens or rights of way.
NIE Number Spain (Número de Identificación de Extranjero) →
The NIE (Número de Identificación de Extranjero) is the Spanish tax and identification number for foreigners, required for the notarial deed, the land registry, a Spanish bank account and almost every tax filing.
Without an NIE almost nothing works in Spain – applying for it early avoids delays later in the purchase.
Property Transfer Tax Spain (ITP) →
The ITP (Impuesto sobre Transmisiones Patrimoniales) is the Spanish transfer tax on buying a resale property, set by each autonomous region.
The ITP is often the single largest cost item – budgeting for it early keeps the purchase budget realistic.
Frequently asked questions
What happens between signing the escritura and the land registry entry?
Between signing the escritura and its entry in the Registro de la Propiedad, days or weeks pass — and during that window the register still shows the seller as owner. The notary therefore sends an immediate electronic notice, the asiento de presentación, which reserves priority from the moment of signing.
How does signing through a representative work?
Signing through a representative means a notarial power of attorney, and its form decides whether it works. Granted in Spain, it is usable immediately. Granted abroad, it needs an apostille and a sworn translation, and the Spanish notary checks both.
Is the Spanish notary my lawyer when I sign the Escritura?
No. A Spanish notary (notario) is a public official, not a private lawyer for either side. Their role is to verify identity and legality, not to negotiate on your behalf.
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Content by Siegfried Perini — local brand representative since 2019, active in real estate since 1992, entered in the German intermediary register (§ 11a GewO) as a person directly involved in brokerage and advice. Point of contact for German-speaking buyers in Spain and Portugal. Brokerage by Olga Nikushkina, mortgage credit intermediary under § 34i German Trade Regulation (GewO); in Portugal through a locally licensed intermediary.