Notarization Services 

Notary Services in Spain for Expats: Documents, Costs and Appointments

A Spanish notary — notario or notaria — is a public official and qualified legal professional who authenticates important legal transactions and verifies that they comply with Spanish law.

Foreigners commonly need a notary in Spain when buying or selling property, signing a mortgage, granting a power of attorney, incorporating a company, dealing with an inheritance, making a will or formalising certain family and commercial arrangements.

A Spanish notary performs a much broader role than a typical notary public in countries such as the United States, Canada or the United Kingdom. The notary does more than witness a signature: they verify identity and legal capacity, review the transaction, explain its legal consequences and formally record it in a public instrument when required.

What Does a Notary Do in Spain?

Spanish notaries form part of Spain’s system of preventive legal certainty.

Depending on the transaction, a notary may:

• verify the identity of the parties;
• determine whether the parties have legal capacity;
• review powers of representation;
• confirm that the transaction complies with applicable law;
• explain the legal consequences of the document;
• prepare or supervise the public instrument;
• authenticate signatures and declarations;
• preserve the original notarial document;
• issue authorized or simple copies;
• communicate certain documents electronically to public registries and authorities.

The notary must act independently and impartially.

This is an important distinction for foreigners: the notary is not the private lawyer of the buyer, seller, company founder or other party. Their role is to ensure legality and authenticity rather than represent one side’s commercial interests.

Spanish Notary vs Notary Public Abroad

The word “notary” can mean very different things depending on the country.

Issue	Typical notary public in some common-law countries	Spanish notario
Main function	Witnessing signatures and verifying identity	Providing legal certainty and authenticating legal acts
Legal qualification	Varies by country	Qualified legal professional
Public function	Limited or varies	Exercises delegated public authority
Reviews legality	Usually limited	Yes
Drafts public instruments	Usually no	Yes
Provides legal explanation	Usually limited	Yes, impartially
Keeps original public deed	Usually no	Yes
Issues official copies	Limited	Authorized and simple copies

Because the legal systems are different, a document notarized outside Spain is not automatically equivalent to a Spanish public deed.

Foreign documents intended for use in Spain may also need an apostille or legalization and, where applicable, a sworn translation into Spanish.

When Do Foreigners Need a Notary in Spain?

Common situations include:

• buying or selling Spanish property;
• signing a mortgage;
• granting a power of attorney;
• creating a Spanish company;
• signing company resolutions or corporate documents;
• preparing a Spanish will;
• accepting or distributing an inheritance;
• making certain donations;
• signing a matrimonial property agreement;
• certifying a signature;
• obtaining an authenticated copy;
• making certain declarations;
• cancelling a mortgage;
• completing certain nationality-related formalities.

Not every document or contract in Spain must be notarized. Whether a notarial instrument is required depends on the transaction and the legal effect you need.

What Is an Escritura Pública?

An escritura pública, or public deed, is a formal legal instrument executed before a Spanish notary.

Public deeds are commonly used for:

• property sales;
• mortgages;
• company incorporation;
• powers of attorney;
• inheritance transactions;
• donations;
• marriage agreements;
• certain property declarations and modifications.

The original document normally remains within the official notarial protocol.

The parties receive copies rather than taking the original document away from the notary.

This system allows authenticated copies to be issued later if required by a registry, bank, court, government authority or another notary.

Do You Need a Notary When Buying Property in Spain?

In practice, a Spanish property purchase is normally completed through a public deed of sale — escritura pública de compraventa — signed before a notary.

The deed normally identifies:

• the buyer and seller;
• the property;
• the purchase price;
• how payment is made;
• cadastral information;
• relevant Land Registry information;
• existing charges where applicable;
• representation through a power of attorney if used.

Foreign buyers should understand that the notary and the buyer’s private lawyer perform different functions.

The notary provides impartial legal certainty regarding the public transaction.

A buyer’s lawyer can separately investigate and protect the buyer’s individual interests, including legal due diligence before completion.

If you are planning to purchase Spanish property, see Newcomer’s Buying Property in Spain as a Foreigner.

Can You Choose Your Own Notary?

In many transactions, the person using the notarial service can choose the notary.

For a property sale, for example, the buyer normally has the right to select the notary.

Your choice may be based on:

• location;
• appointment availability;
• languages spoken;
• experience with international clients;
• experience with the type of transaction;
• accessibility;
• availability of electronic services.

For foreigners who are not comfortable communicating in Spanish, asking about language support before booking is particularly important.

Power of Attorney in Spain

A poder notarial is a notarial power of attorney that allows another person to perform specified legal acts on your behalf.

The person granting the power is commonly called the poderdante.

The person receiving authority is the apoderado.

A power of attorney may be useful if you cannot personally attend a transaction in Spain.

For example, a representative may be authorized to:

• purchase or sell a property;
• sign certain contracts;
• deal with an inheritance;
• incorporate a company;
• interact with a bank;
• complete specified tax procedures;
• appear before certain public authorities;
• request documents;
• carry out specifically permitted administrative procedures.

Limited or General Power of Attorney?

A limited power of attorney authorizes specific actions.

For example:

• buying one identified property;
• incorporating one company;
• completing one inheritance;
• carrying out a defined administrative procedure.

A general power of attorney may give the representative much broader authority.

For most one-off transactions, carefully defining the permitted actions is usually preferable to granting unnecessarily broad powers.

Before signing, check exactly:

• who is authorized;
• what they can do;
• whether they may delegate authority;
• whether they can receive money;
• whether they may sell assets;
• whether the power expires;
• how it can be revoked.

Can You Sign a Spanish Power of Attorney Abroad?

Yes, depending on the circumstances.

A power intended for use in Spain may potentially be executed before:

• a Spanish notary;
• a Spanish consular authority exercising notarial functions;
• a foreign notary.

However, documents executed before a foreign notary may require additional formalities before they are accepted in Spain.

These can include:

• a Hague Apostille;
• diplomatic legalization where applicable;
• a sworn Spanish translation;
• verification of the foreign notary’s authority;
• review of the wording by the Spanish institution receiving the document.

The wording is particularly important.

A power of attorney can be legally valid but still be unusable for the intended Spanish transaction if it does not grant the exact authority required.

Do Foreign Documents Need an Apostille?

Often, but not always.

Whether a foreign public document needs an apostille or legalization depends on:

• the country where it was issued;
• the international agreements that apply;
• the type of document;
• the Spanish authority receiving it.

Common foreign documents presented during Spanish legal procedures include:

• birth certificates;
• marriage certificates;
• divorce judgments;
• foreign powers of attorney;
• company certificates;
• probate documents;
• court decisions;
• corporate resolutions.

An apostille authenticates the origin of a public document for international use under the Hague Apostille system. It does not translate the document.

Likewise, translating a document does not replace an apostille where authentication is required.

Do You Need a Sworn Translation?

Foreign-language documents may need an official Spanish translation before they can be used at a Spanish notary.

In Spain this is known as a traducción jurada.

Whether a sworn translation is necessary depends on the document, language, transaction and requirements of the notary or receiving authority.

Documents frequently requiring translation include:

• foreign powers of attorney;
• birth certificates;
• marriage certificates;
• divorce documents;
• corporate documents;
• inheritance documents;
• court judgments.

Newcomer.es provides more information in its Sworn Translation Services in Spain section.

Do You Need an NIE at the Notary?

Not for every notarial act.

However, an NIE is commonly required when a transaction has Spanish tax, property, company or registration consequences.

Examples may include:

• buying property;
• selling property;
• obtaining certain mortgages;
• company formation;
• inheritances;
• donations;
• other taxable transactions.

For some powers of attorney or simpler declarations, a valid passport may be sufficient.

The notary’s office should confirm the identification requirements for your specific procedure before the appointment.

If you still need your foreigner identification number, see Newcomer’s NIE Number in Spain.

What Documents Should You Bring to a Spanish Notary?

Requirements vary considerably.

Common documents include:

• valid passport;
• NIE documentation where required;
• TIE or EU registration documentation where relevant;
• civil-status certificates;
• powers of attorney;
• property documentation;
• company documents;
• bank or mortgage documentation;
• inheritance documents;
• foreign public documents;
• apostilles or legalization;
• sworn translations.

Never assume that a scan or photocopy will be enough for signing.

The notary may require the original identification and original supporting documents.

Send copies to the notary’s office in advance whenever possible so problems can be identified before the signing appointment.

What If You Do Not Speak Spanish?

Tell the notary’s office before the appointment.

The notary must be satisfied that you understand the nature and consequences of what you are signing.

Depending on the situation, the solution may involve:

• a notary who speaks your language;
• a bilingual document;
• an interpreter;
• a sworn interpreter where legally required;
• additional explanation before signing.

Do not assume that a friend or family member can automatically act as interpreter.

Ask the notary’s office what type of interpreter is acceptable for the particular transaction.

How Does a Notary Appointment Work?

The exact process depends on the transaction, but a typical procedure follows these stages.

1. Identify the Correct Notarial Act

Determine exactly what you need.

For example:

• public deed;
• power of attorney;
• signature certification;
• authenticated copy;
• will;
• property deed;
• company incorporation deed.

Using the wrong document can create problems later with a bank, public authority or registry.

2. Contact the Notary

Explain:

• what transaction you are completing;
• your nationality;
• whether you have an NIE;
• whether foreign documents are involved;
• whether you speak Spanish;
• whether you will attend personally.

3. Send Documents in Advance

The office will tell you what documents are needed.

Provide clear and complete copies for preliminary review.

4. Review the Draft

For important documents, request and review the draft before signing whenever possible.

Check carefully:

• names;
• passport numbers;
• NIE numbers;
• addresses;
• property details;
• company information;
• monetary amounts;
• powers being granted;
• names of representatives.

5. Attend the Appointment

Bring the original documents requested by the notary.

The notary will verify identity and legal capacity, review the transaction and ensure that the parties understand what they are signing.

6. Sign the Document

Once the document is agreed and legally ready, the parties sign before the notary.

7. Receive the Appropriate Copy

Depending on the procedure, you may receive a copia simple or an authorized copy.

8. Complete Any Post-Signing Formalities

Signing the notarial document may not be the end of the procedure.

Depending on the transaction, further steps may include:

• paying taxes;
• Land Registry registration;
• Commercial Registry registration;
• bank procedures;
• cadastral updates;
• inheritance filings;
• obtaining further copies.

Before leaving the process, confirm who is responsible for every remaining step.

Copia Simple vs Copia Autorizada

Two terms foreigners frequently encounter are copia simple and copia autorizada.

Copia Simple

A simple copy is mainly used for information and administrative purposes.

It may be useful for:

• personal records;
• tax preparation;
• preliminary banking procedures;
• lawyer review.

Copia Autorizada

An authorized copy formally reproduces the public instrument with notarial authentication.

It may be required by:

• a Land Registry;
• Commercial Registry;
• bank;
• court;
• public authority;
• another notary.

The two documents do not have the same legal effect, so always check which type is required.

Can Spanish Notary Services Be Completed Online?

Spain permits certain notarial procedures to be performed electronically through the official secure notarial system.

Eligible services can include certain:

• company procedures;
• specific powers of attorney;
• revocation of powers;
• signature legitimations;
• corporate acts;
• requests;
• consultations;
• applications for copies.

However, not every notarial act can be completed remotely.

The availability of an online procedure depends on the type of act and the applicable legal requirements.

Do not assume that a normal Zoom, WhatsApp or video call constitutes valid remote notarization.

How Much Does a Notary Cost in Spain?

Spanish notarial fees operate under a government-regulated tariff system rather than unrestricted market pricing.

The final amount depends on factors such as:

• type of document;
• transaction value where relevant;
• length and complexity;
• number of copies;
• number of parties;
• additional notarial actions;
• electronic communications;
• taxes and other third-party expenses.

A notarial invoice may therefore contain more than the notary’s own professional fee.

For property, inheritance and company transactions in particular, amounts collected at or around the notarial process can include taxes, registry expenses and other charges that are separate from the actual notarial tariff.

Ask the notary for an estimate based on your specific transaction rather than relying on a generic online price.

Is the Cheapest Notary Better?

Price differences for equivalent regulated notarial acts are much smaller than people from unregulated markets may expect.

When choosing a notary, foreigners may get more value from considering:

• international experience;
• communication;
• availability;
• languages;
• efficiency;
• familiarity with the transaction;
• willingness to review foreign documentation in advance.

For a complex international transaction, avoiding mistakes can matter considerably more than a small difference in fees.

Notary, Lawyer and Gestor: What Is the Difference?

These roles should not be confused.

Professional	Main role
Notary	Impartial public official who authenticates legal acts and public documents
Lawyer	Represents and advises a client’s individual legal interests
Gestor / administrative professional	Handles administrative processing and documentation within their professional scope
Sworn translator	Produces officially certified translations
Tax adviser	Advises on and handles tax matters

One transaction may involve several of these professionals.

For example, when buying a property, a foreign buyer may use:

1. a lawyer for independent legal due diligence;
2. a translator or interpreter;
3. a bank or mortgage adviser;
4. a notary for the public deed;
5. a gestor or other professional for post-signing administration.

Notary Services for Company Formation

A Spanish Sociedad Limitada (S.L.) is normally incorporated through a public deed before a notary.

The incorporation process may involve:

• identification of founders;
• company name certification;
• share capital;
• articles of association;
• appointment of directors;
• beneficial-owner information;
• registered office;
• corporate activity;
• Commercial Registry procedures.

Foreign founders may sign personally or, in suitable circumstances, through an authorized representative.

Read Newcomer’s How to Open a Company in Spain for the wider company-registration process.

Common Mistakes Foreigners Make at a Spanish Notary

Arriving Without the Correct NIE

An NIE may be required for property, company or taxable transactions.

Check before booking the signing.

Bringing a Foreign Document Without an Apostille

If authentication is required, the document may be unusable until the correct apostille or legalization is obtained.

Translating the Document Incorrectly

An ordinary translation may not be accepted when an official sworn translation is required.

Using the Wrong Power of Attorney

A vaguely drafted foreign power may fail to give the representative the exact authority required in Spain.

Assuming the Notary Represents You

The notary is impartial.

For transactions involving significant money or legal risk, consider obtaining independent advice.

Discovering a Language Problem on Signing Day

Tell the office about language requirements well in advance.

Failing to Review the Draft

A mistake in a passport number, NIE, property description or power of attorney can delay a transaction.

Checklist Before Your Notary Appointment

Before attending, confirm:

• Which notarial document you need
• Appointment date and location
• Original passport or identity document
• NIE if required
• TIE or EU registration document if applicable
• Original supporting documents
• Apostille or legalization requirements
• Sworn translation requirements
• Interpreter requirements
• Draft received and reviewed
• Names and identification numbers checked
• Payment method confirmed
• Type of copy you will receive
• Post-signing responsibilities confirmed

How Newcomer.es Can Help

International paperwork becomes difficult when several requirements overlap.

A single notarial appointment may involve Spanish identification, foreign documents, apostilles, translations, powers of attorney, property documents, company documents and administrative deadlines.

Newcomer.es can help newcomers coordinate the practical side of the process, including:

• identifying the documents likely to be required;
• coordinating NIE-related preparation;
• organizing sworn translations;
• reviewing apostille and legalization requirements;
• helping prepare documentation before the appointment;
• coordinating with relevant professionals;
• explaining the next administrative steps after signing.

For assistance with a Spanish notarial procedure, contact Newcomer.es.

Frequently Asked Questions About Notaries in Spain

What is a notary called in Spain?

A Spanish notary is called a notario or notaria.

Is a Spanish notary the same as a notary public in the US or Canada?

No. A Spanish notary is a qualified legal professional exercising public authority and has a significantly broader role than the typical signature-witnessing function associated with notaries in many common-law countries.

Do foreigners need a notary in Spain?

Foreigners often need a notary for property transactions, mortgages, powers of attorney, company formation, wills, inheritances and other formal legal acts.

Do I need an NIE to use a Spanish notary?

Not always. An NIE is frequently required for transactions involving Spanish property, tax or company-registration consequences, but some notarial acts may be completed using other valid identification.

Can I use a foreign power of attorney in Spain?

Potentially yes, but it may need an apostille or legalization, a sworn translation and wording suitable for the Spanish transaction.

Can someone sign for me in Spain?

In many transactions, yes, if that person holds an appropriate power of attorney. Some procedures nevertheless require personal attendance.

Can I choose my own notary in Spain?

Generally yes, subject to the rules applicable to the specific transaction.

Does a Spanish notary provide legal advice?

The notary explains the legal meaning and consequences of the transaction impartially. The notary does not act as the private lawyer representing one party against another.

How much does a Spanish notary cost?

Notarial fees are based on regulated tariffs. The final invoice depends on the document and transaction and may also contain taxes, registry costs or other expenses separate from the notary’s own fee.

Can a Spanish notary certify a signature?

Yes, signature legitimization is one of the functions Spanish notaries can perform where legally appropriate.

Can Spanish notary appointments be completed online?

Certain notarial services can be performed electronically through Spain’s official notarial platform, but many transactions still require physical attendance.

Do I need a sworn translator at a Spanish notary?

Not automatically. It depends on the document, language and transaction. The notary must nevertheless be satisfied that you understand what you are signing.

Final Point

A Spanish notary is not simply someone who stamps documents.

The notary is a central part of Spain’s legal system and provides public authenticity and legal certainty for some of the country’s most important personal and commercial transactions.

For foreigners, the best way to avoid delays is to prepare early: determine exactly which document is required, check your NIE and identification, confirm apostille and translation requirements, send foreign documents to the notary in advance and resolve any language issues before the appointment.

Good preparation can turn a complicated Spanish notarial procedure into a straightforward one.