Spanish Property Deeds: Understanding the Escritura

What Is the Escritura?

The escritura pública (public deed) is the official document that records the sale and transfer of a property in Spain. It is signed before a notary (notario), who acts as an impartial public official witnessing and authenticating the transaction. The escritura is the Spanish equivalent of the title deed in England and Wales, though the legal framework is quite different.

In the UK, you receive a Land Registry title register and title plan — relatively short, standardised documents. The Spanish escritura is a longer, more detailed document (typically 10-25 pages) that includes the full terms of the sale, detailed property descriptions, planning information, tax declarations, and more.

The escritura serves as your proof of ownership. While the Land Registry entry (inscripción registral) provides the ultimate legal protection, the escritura is the foundational document that evidences the transaction. You should keep it safe — ideally in a secure location outside the property itself, with a digital copy stored separately.

Escritura Pública vs Private Contract

It's important to understand the distinction between the two types of contract used in Spanish property transactions:

Private Contract (Contrato Privado)

The contrato de arras (deposit contract) and contrato de compraventa privado (private sale contract) are private agreements between buyer and seller. They are legally binding between the parties but have limitations:

• They are not signed before a notary
• They cannot be registered at the Land Registry
• They don't provide protection against third parties (e.g., if the seller sells to someone else who registers first)
• They are sufficient to enforce the agreement between buyer and seller through the courts, but the process is slower and more uncertain

Public Deed (Escritura Pública)

The escritura pública elevates the agreement to a public document with full legal force:

• It is signed before a notary who verifies identity, capacity, and legality
• It can be registered at the Land Registry, providing protection against third parties
• It creates a presumption of accuracy — courts give significant weight to notarised documents
• It is required for registering ownership at the Land Registry
• It is required by banks for mortgage purposes

Key principle: In Spain, you become the legal owner between the parties when the escritura is signed (or even when the private contract is signed, technically). But you only become the owner against the whole world — with full protection against third-party claims — when the escritura is registered at the Land Registry. This is why registration is so important and should never be skipped.

What the Escritura Contains

A typical escritura de compraventa (deed of sale) contains the following sections:

1. Heading and Identification (Comparecencia)

Full details of all parties:

• Buyer's name, nationality, passport number, NIE number, address, and marital status
• Seller's same details
• If anyone is acting under power of attorney, full details of the poder and the person it was granted by
• The notary's identification and protocol number

2. Property Description (Descripción de la Finca)

A detailed description of the property including:

• Full address
• Land Registry reference number (finca registral)
• Catastral reference number (referencia catastral)
• Built area (superficie construida) in square metres
• Plot area (superficie del terreno) if applicable
• Boundaries (linderos) — north, south, east, west
• Any annexes (garage, storage room) and their descriptions
• The property's share in the community (cuota de participación)

3. Title History (Título)

How the seller acquired the property — by purchase (compraventa), inheritance (herencia), gift (donación), etc. — and the date and notary of the previous escritura.

4. Charges and Encumbrances (Cargas)

A declaration of any charges registered against the property: mortgages, embargos, court orders, rights of way, easements. The notary obtains a fresh nota simple immediately before the signing to verify this section. If the seller has an outstanding mortgage, the escritura will include provisions for its cancellation.

5. Price and Payment Method (Precio y Forma de Pago)

The agreed purchase price and exactly how it has been or will be paid:

• Amount paid as arras deposit (with date and bank account details)
• Amount paid at completion (by banker's draft, specifying the issuing bank and cheque number)
• Amount financed by mortgage (if applicable)
• The 3% retention for non-resident seller CGT (if applicable)

6. Tax and Planning Declarations

• Confirmation of the property's valor de referencia (official reference value) for tax purposes
• Declaration of the energy certificate rating and registration number
• The property's urban planning classification
• Whether the property is the seller's habitual residence (affects CGT)

7. Notary's Certification

The notary's formal certification that the document has been read to the parties, that they understand and accept its contents, and that they have signed in the notary's presence.

The Role of the Notary

The Spanish notary's role goes well beyond simply witnessing signatures. The notario is a qualified lawyer who has passed one of Spain's most competitive public examinations (oposiciones). Their responsibilities include:

• Due diligence: The notary independently checks the Land Registry, Catastro, and other registers. However, this is a general check — it does not replace the thorough due diligence your own lawyer should perform
• Legality check: The notary verifies that the transaction complies with applicable laws — planning regulations, tax obligations, anti-money laundering requirements
• Impartiality: The notary acts for neither party. They ensure both sides understand what they're signing but do not give private advice. This is why having your own lawyer is essential
• Record keeping: The notary retains the original document (the matriz) in their protocol, indexed and preserved indefinitely. You receive an authorised copy (copia autorizada). Additional copies can be obtained at any time for a small fee (€30-€100)
• Electronic notification: Immediately after signing, the notary electronically notifies the Land Registry and the Catastro of the ownership change. This provides interim protection while full registration is processed

Notary fees are regulated by law and based on the property's price. For a €300,000 property, expect to pay approximately €800-€1,200 for the notary fee. If there's a mortgage, the bank pays the notary fee for the mortgage deed (since the 2019 Mortgage Law reform).

Registro de la Propiedad (Land Registry)

The Spanish Land Registry operates differently from the English Land Registry. Key differences:

• Regional registries: Spain has approximately 1,100 local land registries, each covering a specific area. Your property is registered at the registry for its location
• Voluntary registration: Technically, registration is voluntary in Spain — there's no legal obligation to register. However, failing to register leaves you dangerously exposed. An unregistered buyer has no protection against the property being sold again, or against third-party claims
• Priority principle: The first person to register ownership wins. If a dishonest seller sells the same property to two buyers, the one who registers first at the Land Registry becomes the legal owner, even if the other buyer signed their escritura earlier. This is why your lawyer should file for registration immediately after completion
• Registration fees: Regulated by law and based on the property price. For a €300,000 property, expect approximately €400-€700

The Nota Simple: Your Essential Pre-Purchase Check

A nota simple is an extract from the Land Registry showing the current state of a property's registration. It is the single most important document your lawyer will obtain during due diligence. It shows:

• Who the registered owner is — essential to confirm you're buying from the actual owner
• Property description — address, area, boundaries (to compare with reality)
• Charges and encumbrances — any mortgages, embargos (seizure orders), court orders, rights of way, or other charges registered against the property
• Annotations — pending legal actions or claims

A nota simple costs approximately €9-€15 and can be obtained online (through the registradores.org website) or in person at the registry. It's usually available within 24-48 hours.

Your lawyer should obtain a nota simple at the start of due diligence, and the notary obtains a fresh one immediately before the signing. If anything has changed between the two (e.g., a new charge has appeared), the notary will flag it.

Declared Value vs Actual Price: A Historical Issue

For decades, it was common practice in Spain to declare a lower price in the escritura than was actually paid — with the difference paid "under the table" in cash. This tax evasion was widespread and tacitly tolerated. Buyers and sellers both benefited: the buyer paid less transfer tax; the seller paid less capital gains tax.

This practice has been largely eliminated through several measures:

• Anti-money laundering laws: All payments must be made through traceable channels (bank transfers, banker's drafts). Cash payments over €1,000 are prohibited
• Valor de referencia: Since 2022, the official reference value set by the Catastro acts as the minimum taxable base. Even if you genuinely buy for less than the reference value, you pay tax on the reference value (unless you can prove the actual value is lower through an appraisal)
• Tax authority audits: Hacienda (the tax authority) actively audits property transactions where the declared price seems below market value
• Notary vigilance: Notaries are obligated to report suspicious under-declarations

For UK buyers: Always declare the full, actual purchase price. Under-declaring exposes you to tax penalties, criminal liability, and future CGT problems (because your declared acquisition cost will be artificially low, inflating your taxable gain when you sell). No legitimate lawyer will advise you to under-declare.

Getting a Copy of Your Escritura

After completion, you'll receive an authorised copy (copia autorizada) from the notary. This is your primary ownership document. If you ever lose it, you can obtain a replacement from the notary's office where the original signing took place. The original (matriz) is kept permanently in the notary's protocol.

You can also request a copia simple (simple copy) — a less formal version that's cheaper (€20-€50) and sufficient for most administrative purposes (utility connections, insurance, etc.).

Keep your copia autorizada in a safe, secure location — ideally not inside the property itself (in case of fire, flood, or burglary). A bank safety deposit box or with your lawyer in Spain is ideal, with a scanned copy stored digitally.