Notary vs Lawyer in Spain: What Is the Difference?

In Spain, the notary and the lawyer have very different roles in a property purchase. Many buyers from abroad assume that the notary protects them, as a solicitor would at home. The notary does not act for either side. Tomas Ballestero Lawyers explains the difference and acts for international buyers, from our office in Jávea and our associated office in Dénia, on the Costa Blanca.

The notaryWhat the notary does

• Checks the identity and capacity of the parties.
• Checks the legality of the deed and reads it to the parties.
• Records the payment and sends the deed to the Land Registry and the tax authorities.
• Acts impartially, for neither the buyer nor the seller.

Your lawyerWhat your lawyer does

• The checksOwnership, charges, licences, debts and the community, before you pay anything.
• The contractsDrafting or reviewing the reservation and the contrato de arras, and negotiating the terms.
• CompletionPreparing the deed with the notary and attending for you, in person or by power of attorney.
• AfterwardsThe taxes, the Land Registry, and the IBI and utilities in your name.

In practiceWhy you need both

The notary is part of every purchase, because the deed has to be signed before a notary to be registered. The lawyer is your own adviser, who checks the property and the contract for you before you commit. With arras penitenciales, a buyer who withdraws loses the deposit and a seller who withdraws returns it doubled, so those checks need to be done before the deposit is paid.

Frequently asked questions

Who chooses the notary?

The parties agree on the notary. As a buyer you can propose one, and we coordinate with the notary’s office.

Does the notary check planning or licences?

Not in depth. That is part of your lawyer’s checks.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. See also the conveyancing process in Spain and the nota simple.

Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French and Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Property, Inheritance and Donations – Dénia · Alicante Bar no. 3374

Selling a property? See selling a property in Spain as a non-resident.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every case is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.