The Notary When Buying Property in Galicia: A Complete Guide for Foreigners

The Spanish notarial system: how it works

The Spanish notarial system is unique and differs significantly from what foreign buyers know in their home countries. The Spanish notary is a public official with advanced legal training who holds a state monopoly on authorizing public deeds. They are not a simple witness or lawyer: they are a legal professional invested with public faith by the State.

In Spain, the sale of a property must be executed in a public deed before a notary to be registered in the Land Registry. You cannot simply sign a private contract between buyer and seller to complete the legal transfer of ownership.

• Neutrality: The notary does not represent either party. Their duty is to ensure legality and that both parties understand what they are signing.
• Public faith: What the notary certifies is presumed true before the courts.
• Regulated fees: Fees are set by the State, not freely by the notary.
• Free choice: In Spain, the buyer has the right to choose the notary. Since the 2012 reform, this right can be exercised by the buyer.

Important tip: as a foreign buyer, exercise your right to choose the notary. Look for one with experience in international transactions who speaks your language, especially in cities like A Coruña or Vigo.

How to choose a notary in Galicia

Choosing the right notary can make a big difference in your buying experience. Galicia has more than 200 notary offices across its four provinces:

1. Location: The notary should be in or near the municipality where the property is located.
2. International experience: Look for notaries experienced with foreign buyers, especially in A Coruña, Santiago, and Vigo.
3. Languages: Some notaries in Galicia speak English, French, or German. Check with the Colegio Notarial de Galicia.
4. Availability: Book at least 2 weeks in advance.
5. Technology: Some offices offer digital services like email drafts.

City	Notary offices	With international experience
A Coruña	25+	8-10
Vigo	20+	6-8
Santiago de Compostela	10+	4-5
Pontevedra	8+	2-3
Lugo	6+	1-2
Ourense	5+	1-2
Cee	1	0-1

What the notary verifies during signing

The notary performs essential verifications before and during the deed signing:

• Identity of parties: Verifies DNI, NIE, or passport of buyer and seller.
• Legal capacity: Confirms both parties can legally grant the act.
• Property ownership: Verifies the seller is the registered owner via the Land Registry nota simple.
• Encumbrances: Reviews registered mortgages, liens, or easements.
• Energy certificate: Mandatory since 2013.
• First occupancy license: Verifies the property has the municipal license.
• Payment status: Confirms IBI, community fees, and other charges are up to date.
• Habitability certificate: Required in Galicia.

The notary must request an updated nota simple before signing. If there are uncancelled charges, the notary can suspend the signing. This is fundamental buyer protection.

Notary fees: real costs in Galicia

Notary fees in Spain are regulated by Royal Decree and are the same nationwide. You cannot negotiate them, but components may vary slightly:

• Fixed rights: Base amount for authorizing the deed (approx. €60-90).
• Proportional rights: A percentage of the property value, decreasing as price increases (0.3-0.5%).
• Complementary documents: Copies, testimonies, legalizations.
• VAT: 21% is added to notary fees.

Property price	Notary fees (approx.)	With VAT (21%)
€80,000	€500 - €650	€605 - €785
€150,000	€650 - €850	€785 - €1,030
€250,000	€800 - €1,100	€970 - €1,330
€400,000	€1,000 - €1,400	€1,210 - €1,695
€600,000	€1,200 - €1,700	€1,452 - €2,057

If you also sign a mortgage deed the same day, add €800 - €2,000.

Required documents for signing

Both buyer and seller must provide specific documentation. Preparing these in advance avoids delays:

Foreign buyer documents:

• NIE (Foreigner Identity Number): Mandatory for any transaction in Spain.
• Valid passport.
• Bank certificate: Proof of available funds or mortgage approval.
• Power of attorney (if applicable): Must be apostilled and translated.

Seller documents:

• Original title deed.
• Updated nota simple (no more than 30 days old).
• Energy certificate.
• First occupancy license or habitability certificate.
• Last year IBI receipt.
• Community of owners payment certificate.

Have your lawyer verify all seller documents at least one week before signing. Do not wait until signing day.

Language barriers and solutions

Deeds are drafted in Spanish. Options if you do not speak the language:

• Sworn translator: Request one for the signing. Cost: €100 - €300.
• Bilingual notary: Some notaries in Galicia speak English.
• Pre-translation: Request the deed draft in advance for your lawyer/translator to review.
• Bilingual deed: In Galicia, Galician is also co-official, so you can request the deed in Galician if preferred.

Never sign a deed you do not fully understand. The notary is obliged to read it in full and explain points you do not understand. If unsatisfied, you can suspend the signing without penalty.

Power of attorney: buying without being present

If you cannot attend the signing in Galicia, you can grant power of attorney to a representative. Requirements:

1. Grant power before a local notary in your country for the specific property purchase.
2. Hague Apostille: If your country is part of the 1961 Hague Convention.
3. Sworn translation: Must be translated into Spanish by a sworn translator recognized by Spain's Ministry of Foreign Affairs.
4. Legalization: For non-Hague Convention countries, through the Spanish consulate.

Total cost of international power of attorney: €200 - €600 including local notary, apostille, translation, and shipping.

Differences from other notarial systems

Aspect	Spain	UK	Germany	USA
Notary type	Public official (lawyer)	Commissioner for Oaths	Notar (jurist)	Notary Public (varies)
Role in sale	Mandatory, public faith	No equivalent	Mandatory, Beurkundung	Optional per state
Who chooses	Buyer (legal right)	N/A	Mutual agreement	Varies
Main function	Neutral, verifies legality	N/A	Neutral, advises	Certifies signatures
Advises buyer?	No, neutral	Yes (solicitor)	Yes, partially	Depends on state
Estimated cost	0.3-0.5% of price	Included in conveyancing	0.5-1.5% of price	Variable

The most important difference: in Spain, the notary is not your lawyer. If you need exclusive advice, hire an independent lawyer in addition to the notary.

The digital notary: modernization in progress

• Online booking: Most notaries in Galicia allow online appointments.
• Digital drafts: The notary can email the deed draft for pre-review.
• Digital Notary Bill: In process, may allow electronic signing for certain acts.
• Registry connection: Electronic filing with the Land Registry is already possible.

Digitization is advancing gradually. For a property purchase in Galicia, physical presence or a valid power of attorney remains essential.