Notary fees in Spain: the official scale for a sale

The scale for a deed of sale

The deed of sale is a documento de cuantía, a deed with a value. The fee is the sum of the following, applied to the value of the property (annex I, no. 2.1):

Each rate applies only to its own slice. The text then says that “se aplicará una rebaja del 5 por 100 del importe del arancel”. The base is the value checked for tax purposes and, failing that, the value stated by the parties (annex II, rule 1). The same text says that the notary cannot charge anything for advising on or shaping the transaction (rule 2).

Calculation on the scale, before and after the rebate:

These are Payotte’s calculations from the published scale. They cover the deed of sale only: no copy, no extra page, no separate mortgage deed.

Copies and extra pages

Charges that come on top of the deed fee (annex I):

• Authorised copies (copias autorizadas): €3.005061 per page (“folio”), half that from the twelfth page (no. 4.1).
• Simple copies: €0.601012 per page (no. 4.2).
• Extra pages of the original: from the fifth page, €3.005061 per written side (no. 7).

The number of pages of a deed is not known in advance, so a total cannot be forecast from the price alone. The notary must set out the fee, the base and the tariff numbers on the deed and on every copy, and issue an invoice (minuta) listing the disbursements (annex II, rule 9).

The optional discount

Royal Decree-law 6/2000, art. 35.1, says that on the Real Decreto 1426/1989 fees “se podrá efectuar un descuento de hasta el 10 por 100”. The word is podrá: it is a possibility for the notary, not a right of the client. Annex II, rule 13, adds that a notary may waive fees entirely for an act but may not make partial waivers; the two texts sit side by side and the texts read do not say how they combine. On the €388.01 example, a 10% discount would be at most about €38.80 (illustration; the order of the discount and the rebate is not spelled out). Ask for the fee in writing before signing.

Who pays

The Civil Code (art. 1455) says: “Los gastos de otorgamiento de escrituras serán de cuenta del vendedor, y los de la primera copia y los demás posteriores a la venta serán de cuenta del comprador, salvo pacto en contrario.” So by default the seller bears the deed and the buyer the first copy; a clause in the contract can change this. On a purchase with a mortgage, the mortgage deed has its own rules: see who pays the mortgage costs. The tariff itself says that the duty to pay falls on those who requested the notary’s services and, where relevant, on those concerned under substantive and tax rules, jointly if there are several (annex II, rule 6).

What the notary does in a sale

The notary is a public official, not the adviser of one party. For a deed that transfers real estate the Ley del Notariado and other texts require the notary to:

• attest the identity of the parties, and that in the notary’s judgement they have capacity and legitimacy and give free consent (arts. 17 bis and 23);
• record the tax identification numbers of the parties (art. 23);
• identify how the price was paid, when it is paid in money: whether it was received before or at signing, the amount, and whether in cash, cheque or bank transfer (art. 24);
• ask for information on, and expressly warn the parties about, unpaid IBI on the property and the property’s liability for the tax (TRLRHL art. 64.1);
• in a building under a horizontal-property regime, obtain the seller’s declaration on community debts and the debt certificate, which must exist for the deed to be authorised unless the buyer expressly waives it (LPH art. 9.1.e);
• be able to ask the town hall, when authorising deeds on plots or buildings, for the urban-planning information (TRLSRU art. 27.4).

For a newly built house, art. 28 TRLSRU adds documents on the completion of the work. See community debt certificate and checks before buying.

If you think the invoice is wrong

The invoice can be challenged within 15 working days of its delivery, before the notary or directly before the board of the regional notarial college; its decisions can be appealed within 10 working days to the Dirección General (annex II, rule 10). Every notary must keep a copy of the scale available to the public (rule 11).

Which professional to consult

For the contract and who bears each cost, a property lawyer registered with a Spanish bar association can review the draft. The notary can explain the invoice; Payotte does not list or rank notaries.