Imagine you are considering sun-drenched Spain as the location to buy a holiday home. However, you have already heard that the purchase process in Spain is somewhat different from what you are used to in Belgium.

In this article, we will introduce you to the role of a Spanish notary when buying a house in Spain. Not only the similarities with the Belgian notary will be discussed. We will also discuss the differences compared to the process in Belgium. Finally, we list for you the duties of a Spanish lawyer and those of a notary.

Purchase agreement in Spain vs Belgium: the similarities

Let’s start with the similarities between concluding a purchase agreement in Spain and Belgium. A notary in Spain, as in Belgium, is an independent official authorised to draw up authentic documents. This verifies the validity of certain documents and ensures that the signatures under the (notarised) documents correspond to reality.

In both countries, it is essential to have the right papers in order and a legally binding agreement before buying a house. Some of the agreements are:

Purchase agreement: in both Spain and Belgium, you must sign a written purchase agreement with the seller. This document contains the price, payment terms and other essential details of the transaction

Notary involved: in both countries, a notary is involved in the process. They are responsible for verifying the legality of the agreement and registering the transfer of ownership

Differences in the buying process: Spain and Belgium

Now, let’s look at the main differences between the purchase processes in Spain and Belgium. Surely the level of involvement in the conclusion of a purchase agreement is the biggest difference between the two.

1. Belgian notary
   • The notary in Belgium plays an active role. Among other things, it draws up documents itself, investigates the seller, checks whether there is a mortgage or other attachments on the property and more. The advantage is that in such cases there is often no need for a lawyer to be appointed by the buyer to verify the property.

1. Spanish notary
   • In Spain, the notary plays a more passive role. This one checks the validity of the documents and that the payment is made correctly. This prevents the buyer from buying a property that has been repossessed or that the representation that was given about the property does not correspond to reality.

Normally a Spanish lawyer is also involved. This is to buy safe property in Spain. An objective lawyer only defends the interests of his client and, if necessary, will advise against proceeding with the purchase of the property.

The two main activities of the Spanish notary are executing the deed and getting power of attorney from the buyer. The notary then receives the buyer’s notarized power of attorney to collect, sign and file documents on the buyer’s behalf.

Below we list for you the tasks of a lawyer and a notary in Spain when buying property:

Duties of the notary in a purchase agreement

In Spain, the notary plays a central role in real estate transactions. Some of his tasks include:

• Checking the legal status: the notary in Spain investigates if there are no legal problems with the property, such as overdue taxes, debts or claims
• Drafting the public deed in collaboration with the buyer and seller: the notary draws up the “escritura pública,” or notarized deed. This document formalizes the purchase and is registered in the land registry. The buyer hereby receives a “copia simple,” a copy of the signed “escritura”
• Inform the buyer and seller of their rights and obligations
• Checking documents (such as the old deed of sale, identification documents, taxes, utilities, etc.)
• Checking property and tax payments
• Requesting a nota simple (extract) from the registro de propriedad (property register)
• Requesting a description of the property from the registro
• Registration of the new owner in the land register and registro
• Fiscal matters: the notary is responsible for collecting taxes and transfer fees owed in the transaction

Duties of the lawyer in a purchase agreement

• Checking permits on the construction works
• Checking property for mortgages, charges and other encumbrances
• Checking housing certificates (cedula de habitabilidad) and other matters
• Consult and check registro and cadastro
• Consult and check nota simple
• Drafting and modifying the (preliminary) contract of sale (contrato de arras)
• Drawing up the notarial deed of sale (in collaboration with the notary and the seller)
• Drawing up the reservation contract
• Assisting the buyer with the necessary documentation (NIE)
• Assist the buyer with opening a Spanish bank account

Conclusion

Buying a house is a serious matter and requires careful consideration and professional advice. By enlisting the help of experts and being well prepared, you can enjoy your second home in the sun with peace of mind.

It is important to understand local procedures and the role of notaries and lawyers to ensure your investment is safe. There are professionals to guide and support you throughout the process.