Notary vs Lawyer in Spain: What Is the Difference?
Many international clients buying property or dealing with inheritance in Spain assume the notary protects their interests — just like a solicitor would in the UK. This is one of the most dangerous misconceptions in Spanish law. At Tomas Ballestero Lawyers, we explain this distinction to every client because understanding it can save you thousands of euros and months of legal problems.
Quick Answer A Spanish notary is a neutral public official who witnesses signatures and certifies documents. They do NOT check for debts, planning problems, or legal issues with your property. They do NOT represent you. Your lawyer, on the other hand, works exclusively in your interest — conducting due diligence, negotiating terms, and protecting you from financial and legal risks. You need both, but only your lawyer protects YOU.
72+ Five-Star Google Reviews
More verified reviews than any other law firm in Jávea. Read what British, Dutch, and French clients say about working with English-speaking lawyers who truly understand their needs.
What Does a Spanish Notary Do?
A Spanish notary (notario) is a public official appointed by the State. Their role is strictly limited
- Verify identity — They check that the parties signing are who they claim to be, using passports and NIE documents.
- Read the deed aloud — The notary reads the full text of the public deed (escritura pública) to all parties before signing.
- Certify signatures — They witness and authenticate the signatures of all parties.
- Ensure legal formality — They confirm the document meets the formal requirements of Spanish law.
- Keep the original deed — The notary stores the original document in their protocol and issues certified copies to the parties.
What the Notary Does NOT Do
- Does NOT check the Land Registry for debts, mortgages, or embargoes on the property
- Does NOT verify planning permission or building licences
- Does NOT check for unpaid community fees, taxes, or utility bills
- Does NOT negotiate the terms of the contract
- Does NOT advise you on tax implications
- Does NOT represent your interests — the notary is neutral
Important If you buy a property with a hidden debt, an illegal extension, or a planning violation, the notary has no obligation to warn you. That is your lawyer’s job.
30+ Years Experience
Since 1992, we have helped thousands of international clients navigate Spanish law. We have seen every situation and know how to protect your interests.
We Speak Your Language
English and French spoken. No interpreters, no miscommunication — direct legal advice in your language from qualified Spanish lawyers.
What Does Your Lawyer Do?
Your lawyer (abogado) is your personal legal representative. Unlike the notary, the lawyer works exclusively for you
Before You Sign Anything
- Land Registry search — Verifies ownership, checks for mortgages, charges, embargoes, or liens
- Town Hall checks — Confirms planning compliance, building licences, and no outstanding urban debts
- Catastro verification — Cross-references property boundaries and size with official cadastral records
- Community certificate — Confirms no outstanding community fees owed by the seller
- Tax verification — Checks IBI payments and any tax debts linked to the property
- Contract drafting and negotiation — Prepares the private contract (contrato de arras) with clauses that protect your interests
At Completion
- Attends the notary — Accompanies you or signs on your behalf with a Power of Attorney
- Reviews the deed — Ensures the deed matches all agreed terms
- Coordinates payments — Manages banker’s drafts and payment verification
After Completion
- Land Registry inscription — Registers the property in your name
- Tax filings — Pays Transfer Tax (ITP) or VAT within legal deadlines
- Utility transfers — Changes water, electricity, and council tax into your name
Side-by-Side Comparison
| Task | Notary | Lawyer |
|---|---|---|
| Verify your identity | ✓ | ✓ |
| Check Land Registry for debts | ✗ | ✓ |
| Verify planning permission | ✗ | ✓ |
| Negotiate contract terms | ✗ | ✓ |
| Check for unpaid taxes/fees | ✗ | ✓ |
| Represent YOUR interests | ✗ | ✓ |
| Certify the deed | ✓ | ✗ |
| Register at Land Registry | ✗ | ✓ |
| Advise on tax implications | ✗ | ✓ |
| Speak English/French | Rarely | ✓ |
Real Risks of Not Using a Lawyer
These are real situations we have seen in our 30+ years of practice on the Costa Blanca
- A British couple bought a villa in Moraira without a lawyer. The property had an illegal pool extension. They were ordered to demolish it at their own cost — over €15,000.
- A Dutch buyer completed a purchase without checking community debts. The previous owner owed €8,000 in unpaid fees. The new owner became legally liable.
- A French family inherited an apartment in Dénia. Without legal advice, they missed the 6-month inheritance tax deadline and paid a 20% surcharge plus interest.
In all these cases, a lawyer would have identified the problem before completion and either resolved it or advised the client not to proceed.
Areas We Serve
We assist clients throughout the Costa Blanca and Valencia region including: Jávea, Moraira, Dénia, Altea, Benitachell, Benissa, Jalón, Oliva, Pego, Valencia.
Frequently Asked Questions
Is it legally required to use a lawyer to buy property in Spain?
No, it is not legally required. But it is practically essential. The notary does not protect your interests — they only certify the transaction. Without a lawyer, you have no protection against hidden debts, illegal constructions, or unfavourable contract terms.
Can the notary explain the deed to me in English?
Most Spanish notaries do not speak English. The deed is read aloud in Spanish. If you do not speak Spanish, you need either your lawyer or a sworn translator present. Your lawyer can both translate and advise you on the legal implications.
Do I need both a notary and a lawyer?
Yes. The notary is legally required to certify the deed — no property transfer is valid without a notary. But the notary does not protect you. Your lawyer handles everything that the notary does not: due diligence, negotiation, tax planning, and registration.
How much does a notary cost in Spain?
Free Consultation – No Obligation
Have questions about buying property, inheritance, or any legal matter in Spain? Contact us today.
Find us
Jávea and Valencia offices
JAVEA — Avenida del Pla, 126, 2nd floor, despachos 28 A and B
VALENCIA — Calle Burriana, 34, first floor
+34 965 792 946
+34 607 320 768
Office service
Mon–Fri: 09:00 – 20:00
Sat: 09:00 – 20:00
Sun: 09:00 – 20:00
Telephone service
24 hour service
