buying process

What is the difference between a lawyer and notary when buying property in Spain?

Understanding the distinct roles of the lawyer (abogado) and notary (notario) in Spain is crucial for international property buyers, especially those from Belgium and the Netherlands where the notary plays a more comprehensive role.

In Spain, the notary is a government-appointed official whose primary function is to witness and authenticate the public deed (escritura) during the property completion.

The Spanish notary verifies identities, ensures the deed is properly drafted, and registers the transaction.

However — and this is critical — the Spanish notary does NOT protect the buyer's interests, does NOT conduct due diligence on the property, and does NOT check for hidden debts, planning violations, or legal issues.

This is fundamentally different from Belgium, where the notary (notaris) plays an active role in protecting both parties, or the Netherlands, where the notary (notaris) handles the entire conveyancing process.

In Spain, the independent lawyer (abogado) is the professional who protects YOUR interests.

Your lawyer should: verify the property title in the Land Registry (Registro de la Propiedad), check for any outstanding debts, mortgages, or embargoes on the property, confirm that all building licenses and occupation certificates are in order, review all contracts before you sign, negotiate terms on your behalf, arrange your NIE number and bank account, prepare the power of attorney if you cannot attend completion, and ensure taxes are correctly calculated and paid.

Legal fees typically range from 1-1.5% of the purchase price, or a fixed fee of €1,500-€3,000.

WOW-Estates recommends several experienced, multilingual lawyers.