Spain's official notarised deed of sale — the document that legally transfers property ownership and must be registered to complete a purchase.
The escritura pública de compraventa — commonly called simply "the escritura" — is the notarially certified deed of sale that formally transfers ownership of a property in Spain from seller to buyer. It is drafted by the notario and signed by both parties (or their legal representatives under power of attorney) in the notario's presence. The escritura is the equivalent of the title deed in common law jurisdictions.
Before the escritura is signed, most Spanish property transactions involve an intermediate step: the contrato privado de compraventa (private purchase contract), which commits both parties to the transaction and typically involves the payment of a 10% deposit. The private contract is binding but does not transfer ownership and is not registered. The escritura is the document that actually changes legal title.
Once signed before the notario, the escritura must be registered with the Registro de la Propiedad (Land Registry) for the area where the property is located. Registration is not automatic — it is an additional step that typically takes four to eight weeks after signing. Until registration is complete, the purchase is vulnerable to claims by third parties. Your lawyer should manage the registration process and obtain the nota simple (Land Registry extract) confirming your ownership once registered.
The escritura contains a complete description of the property (boundaries, floor plan, built area), the parties to the transaction, the purchase price, confirmation of payment, and a statement that all obligations and taxes have been met. It also references any mortgage registered against the property and confirms it has been cleared.
Costs associated with the escritura include the notario's fee (approx. 0.5–1% of the property value on the notarised scale), Land Registry registration fees (approx. 0.2–0.3%), AJD stamp duty on the deed itself, and ITP on the transaction value. These are all separate from your lawyer's legal fees.
The escritura is the notarised deed of sale (the document). Registration (inscripción en el Registro de la Propiedad) is the act of recording that deed in the Land Registry. Both are necessary for complete, legally protected ownership. The escritura without registration leaves you vulnerable to competing claims.
No. You can grant a poder notarial (power of attorney) to your Spanish lawyer before you leave your home country (at a local Spanish consulate) or have one prepared in Spain, allowing your lawyer to sign the escritura on your behalf. This is common practice for non-resident buyers.
Escrituras are in Spanish. You may request an official translation for your own records, but the legal document itself is in Spanish. Ensure your lawyer explains the key terms to you before you sign, or attend with a certified translator.
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