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Escritura: the public deed of sale

The escritura pública de compraventa is the deed of sale that buyer and seller sign before a Spanish notary, and the document that transfers ownership of the home.

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What the escritura does and who pays for it

A sale of real estate must be made in a public document (Civil Code, art. 1280.1). The private or deposit contract (arras) already binds both parties, and either can require the other to execute the deed (arts. 1450 and 1279), unless the deposit is penitential (arras penitenciales), which lets a party withdraw by forfeiting it or repaying it double (art. 1454). With the deed, the notary checks title and charges in the Land Registry right before signing (Notarial Regulation, art. 175) and records how and when the price is paid (Notaries Act, art. 24). Executing the deed counts as handing over the home, unless the deed shows otherwise (Civil Code, art. 1462).

The deed is then entered in the Land Registry (Registro de la Propiedad). From the filing entry (asiento de presentación), the registrar has at most fifteen days to register it (Mortgage Act, art. 18). Registration is not what makes you the owner, but it is what protects you: unregistered titles do not affect third parties (Mortgage Act, art. 32), and a good-faith buyer who acquires from the registered owner and registers is protected against causes that did not appear in the Registry (art. 34). First the purchase taxes must be paid and proof given that the plusvalía municipal return or the buyer's notice (TRLRHL, art. 110.6.b) has been filed: without that there is no registration (art. 254).

Notary and registry charge official scales (RD 1426/1989 and RD 1427/1989). Unless agreed otherwise, the seller pays for executing the deed and the buyer for the first copy and the costs after the sale (Civil Code, art. 1455); registration is paid by the person registered as owner, that is, you. Figures for your case are in the purchase costs calculator; the whole purchase step by step is in the buying guide.

How to sign the escritura step by step as a non-resident

  1. Get your NIE: the notary records your tax number, and without it the Registry will not register the purchase.
  2. Arrange payment from a bank account, Spanish or at home: the means of payment is identified in the deed.
  3. Order a nota simple at the start; the notary checks the Registry again before signing.
  4. If you will not travel, grant a notarised power of attorney for this purchase. A power signed outside Spain usually needs an apostille and, if not in Spanish, a translation: confirm the format with the notary. A power for a specific act can be granted by video call before a Spanish notary; the sale itself cannot (Notaries Act, art. 17 ter).
  5. If you do not speak Spanish well, ask for a two-column deed or one with the translation attached, or bring an interpreter of your choice (Notarial Regulation, art. 150).
  6. Sign, collect the keys and a simple copy. Pay the ITP or AJD within your region's deadline and check that the deed is registered.

Common mistakes with the escritura

  • Assuming registration is automatic: someone has to file the deed with the Registry and pay the taxes first.
  • Hiding how part of the price is paid: the notary identifies the means of payment, and if the parties refuse, the Registry will not register (Mortgage Act, art. 254.3).
  • Mixing up copies: the simple copy is for information only (Notarial Regulation, art. 224.2); the bank and the Registry work with the authorised copy.

The escritura for new builds and for resale homes

A new build involves two deeds. First the developer executes the declaration of new building and horizontal division, which create your home as a registered property; without proof of the ten-year structural insurance, the notary will not authorise it and the Registry will not register it (Ley 38/1999, arts. 19.1.c and 20.1). Those costs are the developer's: a clause putting them on you is unfair (RDLeg 1/2007, art. 89.3). Because the developer sells as a business, you choose the notary (Notarial Regulation, art. 126). Then you sign the purchase deed, once the building is finished and has its first-occupation licence or cédula de habitabilidad: until then your stage payments stay guaranteed (Ley 38/1999, first additional provision). In the deed you pay VAT at 10% and AJD.

A resale involves a single deed, and you pay ITP. Developments with completion dates are in the new-build catalogue.

Sources and legal basis

Glossary of buying property in Spain

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