The notarial transfer in Spain: this is how it works
The notarial transfer - the signing of the title deed at the notary - is the official moment when the property changes hands. In Spain, this process is different from that in Belgium or the Netherlands. Therefore, good guidance is essential, especially if you do not speak the language or do not reside permanently in Spain.
At Dacasas Real Estate we accompany both buyers and sellers from A to Z, including full preparation of the transfer at the Spanish notary.
✅ What exactly is the notarised transfer?
The notarial transfer (firm and notaría) is the moment when the deed of sale (escritura pública de compraventa) is officially signed. This deed is signed by the buyer and the seller in the presence of a Spanish notary. The property is then definitively transferred, and the buyer pays the remaining amount of the purchase price.
What happens before the notarial transfer?
Before the transfer takes place, a whole list of things must be in place:
- Control of ownership through the note simple
- Control of debts and charges such as mortgages, IBI (property tax), and common costs
- Energy certificate application (CEE)
- Drawing up the deed of sale with correct data and annexes
- Settlement of taxes such as the plusvalía municipal and any capital gains tax
- Preparation of payments (cheques, bank transfers or through lawyer's third-party account)
If required, we will work with a lawyer or gestor For legal control and tax optimisation.
Do you need to attend in person?
As a seller, you need to not obliged to be present when signing. You can give us a notarial proxy so that we arrange everything on your behalf. This is convenient if you live in Belgium or the Netherlands and do not want to travel to Spain especially for the signing.
What does the deed of sale say?
The escritura pública includes:
- Identity of buyer and seller (with NIE numbers)
- Description of property
- Sales price and payment method
- Distribution of costs
- Declaration that the property is debt-free
- Any additional clauses (e.g. movable property, completion date, etc.)
The notary reads out the deed and gets both parties to sign. The transfer of ownership is then registered in the property cadastre (Registro de la Propiedad).
Who pays for what?
- Notary fees and registration costs are usually at the buyer's expense (unless otherwise agreed)
- The seller pays:
- The plusvalía municipal (local capital gains tax)
- Any capital gains tax (IRNR for non-residents)
- Brokerage fees (as agreed in the contract)
We ensure a smooth handover
At Dacasas, we make sure everything is taken care of down to the last detail. From preparing documents to cancelling utilities after the sale - you don't have to worry about anything.
Want to sell your property in Spain?
We will guide you with full transparency and personal attention. Feel free to take non-binding contact with us for more information on the sale and notarial transfer in Spain.
Photo by Leon Seibert on Unsplash
