Public Deeds: Everything You Need to Know When Buying in Galicia

What public deeds are and why they matter

Public deeds (escrituras públicas) are documents authorized by a notary that record agreements or facts with legal relevance. In real estate, the deed of sale is the document that formalizes and attests to the transfer of property ownership. Without a public deed, the sale cannot be registered in the Land Registry, leaving the buyer legally unprotected.

In Galicia, deeds follow the same legal framework as the rest of Spain, regulated by the Notary Law of 1862 and the Notarial Regulation. However, there are Galician particularities that every buyer should know, especially in rural areas of the Costa da Morte, where many properties have complex historical ownership records.

A public deed is not just a simple contract: it is a document with public faith (fe pública), meaning the facts recorded in it are presumed true before any court. This presumption is the foundation of legal security in Spain.

Types of deeds in real estate transactions

Depending on the transaction, you will encounter different types of deeds. Each has a specific function and different costs:

• Deed of sale (compraventa): The main document. Transfers ownership from seller to buyer. Includes price, payment method, encumbrances, property condition, and agreed terms.
• Mortgage deed: If you need financing, the bank will require a mortgage deed. Usually signed the same day as the sale or in a subsequent act.
• Deed of donation: When an owner gifts the property to a family member. Common in Galicia between parents and children, though it has significant tax implications for the donor's income tax.
• Deed of new construction: For newly built homes or when a property is substantially renovated. Declares the existence of a new building for registry inscription.
• Power of attorney: If you cannot be present on signing day, you can grant power to a representative to sign on your behalf.

Deed type	Estimated cost	Registration period
Sale	€600 - €1,500	15 - 30 days
Mortgage	€800 - €2,000	15 - 30 days
Donation	€300 - €800	15 - 30 days
New construction	€400 - €1,200	30 - 60 days
Power of attorney	€50 - €150	Immediate

The notary's role in deeds

The notary is a legal professional who acts as an independent public official. They do not represent the buyer or seller but oversee the legality of the transaction. In Galicia, there are notary offices in all district capitals: A Coruña, Vigo, Santiago de Compostela, Pontevedra, Ourense, Lugo, and also in smaller towns like Cee, Vimianzo, Corcubión, or Muxía.

The notary's functions during the deed signing include:

1. Identifying the parties via valid DNI, NIE, or passport
2. Verifying the legal capacity of the parties to grant the act
3. Confirming the seller is the registered owner of the property
4. Reading the deed aloud in full before the parties
5. Explaining the legal and tax consequences of the act
6. Advising on deed clauses if requested by either party
7. Authorizing the document with their signature and seal

Remember: although the notary must inform you, their function is not to advise you exclusively. To protect your interests, always hire an independent lawyer to review the transaction before signing.

Real costs of deeds in Galicia

Notary fees (aranceles notariales) are regulated by the Spanish state, so there is little difference between Galicia and other autonomous communities. The cost mainly depends on the property price and deed complexity. Here are estimated costs for a sale in Galicia:

For a property of €150,000 in Cee or Corcubión:

• Notary (sale deed): €600 - €850
• Land Registry: €350 - €500
• Gestoría (administrative processing): €300 - €500
• ITP (Property Transfer Tax, 8%): €12,000
• Approximate total: €13,250 - €13,850 (8.8 - 9.2% of price)

For a property of €300,000 in A Coruña or Vigo:

• Notary (sale deed): €900 - €1,200
• Land Registry: €500 - €700
• Gestoría: €300 - €500
• ITP (8% first €150k, 9% up to €250k, 10% remainder): €27,000
• Approximate total: €28,700 - €29,400 (9.6 - 9.8% of price)

What happens on signing day

Signing day is a crucial moment. It usually takes place at the chosen notary office, and these are the phases of the process:

1. Document presentation: Buyer and seller present their identity documents. The seller provides property documentation (nota simple, first occupancy license, energy certificate, up-to-date IBI receipts).
2. Pre-review: The notary checks that all documentation is in order and that there are no hidden encumbrances.
3. Deed reading: The notary reads the complete deed aloud. If there is a language barrier, you can request a translator or ask for key sections to be read more slowly.
4. Clarifications: Any party can ask questions about the deed content before signing.
5. Signing: All parties sign the deed, including the notary. If there is a mortgage, the bank representative also signs.
6. Payment: Payment is delivered to the seller, usually via certified bank check or immediate bank transfer.
7. Key handover: The seller hands over the property keys to the buyer.

If you cannot attend the signing in person in Galicia, you can grant a power of attorney to a representative in your home country through the Spanish consulate. This power must be apostilled (if your country is part of the Hague Convention) and translated into Spanish by a sworn translator.

Types of deed copies

After signing, you will receive different types of copies. Understanding the difference is essential:

• Simple copy (copia simple): A photocopy of the deed without special probative value. Useful for personal files and basic administrative procedures. The notary gives it to you the same day.
• Authorized copy (copia autorizada): A copy issued by the notary with their signature and seal, having the same value as the original deed. Needed for property registration, banking procedures, and proving ownership to third parties.
• Notarial testimony: A notary declaration attesting to a specific fact related to the deed.

Always request at least two authorized copies: one for you and one for the Land Registry. Store your copy in a safe place, as obtaining duplicates years later incurs additional costs and time.

Timelines and post-signing process

After signing the deed, several procedures must be completed within specific deadlines. The gestoría typically handles these:

1. ITP settlement (Property Transfer Tax): You must pay this tax at the Xunta de Galicia settlement office within 30 business days of signing. For new builds with VAT, the deadline is 30 calendar days.
2. Land Registry inscription: Once the deed is presented and the tax settled, it is registered at the corresponding Registry. The usual timeframe is 15 to 30 days, though it may take longer during busy periods.
3. Utility connections: Water (Viaqua in most of Galicia), electricity (Naturgy or Iberdrola), gas, and telecommunications. If the property was disconnected, new connections take 5 to 15 working days.
4. IBI name change: The corresponding town hall will update the property tax holder. This is usually done automatically after registration, but verify it.
5. Community of owners notification: If the property is in a building with a homeowners association, you must notify the property administrator of the ownership change.

The total cost of post-signing procedures (gestoría, registry, tax settlement) typically adds €700 to €1,500 on top of the main tax. Budget for this expense.

Common mistakes by foreign buyers

After years of experience on the Costa da Morte, these are the most common mistakes foreign buyers make regarding deeds:

• Not reading the deed before signing: Many foreigners sign without understanding the full content. Request a draft copy 48 hours before signing and review it with your lawyer.
• Not verifying encumbrances: Ensure the deed reflects that the property is free of encumbrances or that existing ones will be cancelled with the sale price.
• Ignoring mortgage cancellation clauses: If the seller had a mortgage, the deed must include express cancellation of it.
• Not registering on time: Registry inscription is not automatic. If you do not register, a third party could acquire rights over your property.
• Confusing the deposit contract with the deed: The deposit contract (arras) is private and does not transfer ownership. Only the public deed signed before a notary and registered makes you the legal owner.
• Not considering the language barrier: Deeds are drafted in Spanish. If you are not fluent, request a sworn translator on signing day. The notary can allow this.

Mistake	Consequence	Solution
Not reading the deed	Abusive or erroneous clauses	Review draft with lawyer
Not registering	Risk of double sale	Register within 30 days
Not understanding the language	Signing without comprehension	Sworn translator at signing
Not verifying encumbrances	Inherited debts	Updated nota simple
Not budgeting for costs	Unexpected overcost	Budget additional 10%

Digitization and notarial modernization

Spain is advancing in the digitization of the notarial sector. Since 2021, the notarial digitization project allows certain procedures to be carried out electronically. In Galicia, the most relevant advances include:

• Notary Portal: You can request appointments, check fees, and obtain information through www.notariado.org
• Electronic signature: Some deeds can now be partially signed digitally, although real estate sales still require physical presence in most cases.
• Electronic notas simples: Can be requested online through the College of Registrars, greatly speeding up the due diligence process.
• Electronic file: The notary can generate a complete digital file of the transaction, accessible to all parties.

Although digitization is progressing, the signing of real estate deeds still requires the physical presence of the parties at the notary office (or a proxy with valid power of attorney). This is a security guarantee that will likely remain for the foreseeable future.