Notary and lawyer when buying a home in Spain: what each one does

Buying a home in Spain involves legal decisions before you receive the keys: which documents to sign, when to hand over money, how to cancel charges, and which conditions must be met to complete the transaction.

It is natural to wonder whether the notary’s involvement covers all of this, or whether you also need a lawyer.

The notary and the lawyer perform different, complementary functions. The notary advises impartially and safeguards the legality of the execution. The lawyer instructed by the buyer advises and defends the client’s interests, within the scope of the professional engagement.

Source: Reglamento Notarial, articles 145 and 147

Source: Estatuto General de la Abogacía Española, article 47

What does the notary do in a sale?

The notary acts as a legal professional and a public official. Their work gives legal certainty to the public document and includes checks, advice and legal warnings.

Their function goes beyond witnessing a signature.

In a sale, they verify matters such as the identity and capacity of the parties, the authority of anyone acting for another person, and the documentation needed to execute the deed.

They must also make sure the parties understand the contract they are executing.

Source: Colegio Notarial de Andalucía — Questions and answers on the notary’s role in a sale

Impartial advice

The notary can clarify legal questions and explain the consequences of the clauses. Their advice is given to the parties impartially; they do not act as the private lawyer of either the buyer or the seller.

That is why you can request the draft deed in advance and raise your questions before the day of signing.

Source: Ministerio de Derechos Sociales, Consumo y Agenda 2030 — Notarial clarifications before signing a sale

Documentary and registry checks

The steps described by the Consejo General del Notariado include verifying the identity, capacity and authority of those involved, requesting prior registry information on ownership and charges, and filing the deed at the Land Registry to protect the priority of the acquisition.

Relevant statements are also recorded in the deed, such as the position on leases and occupants. For homes subject to horizontal property, the certificate of community debts is provided, and in regions that require it the habitability certificate and the energy performance certificate are checked.

Source: Consejo General del Notariado — Homes and property

What does the buyer’s lawyer do?

The lawyer advises in the interests of the client who instructs them. Their involvement can begin with choosing the property and continue through negotiation, signing and the steps that follow.

Independence, diligence and the prevention of conflicts of interest form part of their professional duties. The Estatuto General de la Abogacía Española requires acting with the utmost diligence and seeking priority satisfaction of the client’s interests, and prohibits defending conflicting interests without the established safeguards.

Source: Estatuto General de la Abogacía Española, articles 47 and 51

It is worth confirming who their client is and what services the engagement includes.

In a property transaction, you can ask them to:

• Review the documents before you sign them.
• Identify risks and explain their consequences.
• Propose contractual conditions and negotiate amendments.
• Coordinate the collection of documentation with the other parties involved.
• Organise the agreed legal steps that follow.

The scope must be defined in writing. Instructing a review of the arras is not necessarily the same as instructing full supervision of the purchase.

The practical difference: impartial advice and defence of your interests

This division does not remove the need to establish who will carry out each step. Before moving forward, ask for an explanation of responsibilities, outstanding documentation and next steps.

Does signing before a notary guarantee the physical condition of the home?

Executing the deed does not replace a technical inspection of the property.

The Colegio Notarial de Andalucía explains that current rules do not generally require the notary to check utility certificates, nor do they guarantee that the home has no defects. That is a matter for the buyer.

Source: Colegio Notarial de Andalucía — Scope of notarial checks when buying a home

If there are doubts about structure, damp, installations or works, an architect, a building engineer or another competent professional may be needed. The legal review and the technical inspection cover different aspects.

What should be reviewed before the reservation or the arras?

Preparation must begin before you take on financial commitments.

A reservation or arras can create obligations from the moment of signature. The name of the document does not by itself determine its effects: its content, the agreed conditions and who signs it matter. With arras or a deposit, the Civil Code allows the contract to be rescinded by losing them or returning them doubled where that has been agreed.

Source: Código Civil, article 1454

Before paying, clarify:

• Who receives the money and with what authority.
• Whether the amount is refundable and in which circumstances.
• What period exists for reviewing the documentation.
• What happens if financing is not obtained.
• Which conditions the seller must meet.
• What consequences follow from each party’s breach.

The Notariado itself recommends seeking advice before signing documents or handing over money, and points out that the arras document is a valid contract binding from signature. There is no need to wait until a deed date is fixed before asking.

Source: Consejo General del Notariado — Buying a home

The planning review may require additional enquiries

Registry information is essential, but it does not by itself prove the property’s planning status or the legality of the works carried out.

The Notariado warns that if the buyer intends to change the use of what is bought — for example, converting a commercial unit into a dwelling or turning the home into tourist accommodation — the town hall must be consulted beforehand about whether the licence can be obtained, together with the owners’ community authorisation where applicable.

Source: Consejo General del Notariado — Homes and property

This is especially relevant where there are extensions, changes of use or other circumstances that should be clarified before committing to the purchase.

Ask which checks have been carried out and what information is still outstanding. A general description of “documents in order” is less clear than a specific list of the documents reviewed.

Example: buying a home with an outstanding mortgage

Imagine you have found a home and the seller still owes money to their bank.

Before signing, you need to understand how the transaction will be organised: what documentation the seller will provide, which payments will be made and how the corresponding cancellation will be handled.

The buyer’s lawyer can review and negotiate that mechanism within their engagement. The notary’s office carries out the checks and steps that belong to the deed and explains the content that will be executed.

Coordination allows the conditions to be prepared in advance and the parties to know what they must bring on the day of signing.

If you are buying from abroad, organise communication too

For an international buyer, understanding the transaction requires more than a translation of the price and the signing date.

It is worth agreeing:

• In which language you will receive explanations and documents.
• Who will answer your legal questions.
• Whether you will act in person or through a power of attorney.
• How instructions about payments will be documented.
• Who will keep you informed of the steps that follow.

Avoid leaving these decisions to the last moment. Requesting the drafts in good time makes it easier to spot differences between what was negotiated and what is finally put forward for signature.

Frequently asked questions

Can I ask the notary for advice before buying?

Yes. The Notariado recommends seeking advice before signing documents or handing over money. That advice can help you understand the steps and their legal effects.

Source: Consejo General del Notariado — Buying a home

Can the notary explain a clause I do not understand?

Yes. They must make sure the parties understand the content and consequences of the deed. You can raise your questions and request the draft in advance.

Source: Ministerio de Derechos Sociales, Consumo y Agenda 2030 — Notarial clarifications before signing a sale

Can I have both a notary and a lawyer in the same transaction?

Yes. Their functions are compatible. Involving the buyer’s lawyer adds advice specific to your interests to the checks and safeguards of the notarial act.

Does the lawyer replace the technician who inspects the property?

No. They may coordinate the legal review and request documentation, but assessing the construction and installations is a matter for the competent technical professional.

Prepare the purchase with clear responsibilities

Before signing or paying, identify which documentation will be reviewed, who negotiates your conditions and who handles each step. Understanding the notary’s and the lawyer’s functions makes it easier to organise the transaction and take informed decisions.

At MH Legal & Seguros we advise national and international buyers on property transactions in Spain, with service in your language and offices in Dénia, Gandía and Villalonga.

Contact our team at info@mhlegalyseguros.com to review your next purchase.