The notary appointment is the moment your Spanish property purchase becomes legally binding. It should never be the first time you see a concern, a missing document or an unexpected payment. The best questions for a notary help you confirm what is being signed, but they also reveal where you may need your lawyer or buyer’s adviser to investigate further before completion.
For an international buyer, the signing can feel reassuringly formal: passports are checked, the deed is read, funds are confirmed and keys are handed over. Yet a Spanish notary is an impartial public official, not your personal legal representative. Their role is essential, but it does not replace independent due diligence carried out in your interests.
What does a Spanish notary actually do?
In Spain, the notary authorises the public deed of sale, known as the escritura. They verify the identity and legal capacity of those signing, check that the seller has authority to sell, witness the transaction and submit information for registration after completion. They also have duties around payment transparency, anti-money-laundering requirements and certain legal disclosures.
This is a major safeguard, but it has limits. A notary is not appointed to negotiate the price, inspect the property, assess whether a renovation was correctly licensed or advise you on whether a contractual term is commercially sensible. They are neutral between buyer and seller.
That distinction matters. Questions at the notary should confirm a purchase that has already been properly prepared, not rescue one that has not.
Best questions for a notary before you sign
Is the seller exactly the person or company entitled to sell?
Ask the notary to confirm who is selling and on what authority. If the owner is an individual, this should match the Land Registry information. If a company, inheritance, power of attorney or divorce is involved, the authority to sell needs particular care.
A useful question is: “Can you confirm that the person signing has full legal authority to transfer this property?” This is especially relevant where an owner is abroad, an attorney is signing on their behalf or the property has recently been inherited.
Your lawyer should have checked this well before the appointment. Still, hearing it confirmed in the room provides an important final control.
Does the deed match the property I agreed to buy?
Ask whether the description in the escritura matches the property, storage room, parking space and any other elements included in your agreement. In Valencia, a flat may be sold with a plaza de garaje or trastero that has a separate registry reference. These should not be assumed to transfer simply because they were mentioned during viewings.
You can ask: “Please confirm which registry units are included in this deed.” Also ask whether the recorded built area and boundaries correspond to the information you have received. Small differences are not always a reason to stop a purchase, particularly in older homes, but they must be understood rather than ignored.
What charges or restrictions appear against the property?
Ask what the notary sees in the current registry information and whether there are mortgages, embargoes, rights of way, usufruct rights or other encumbrances recorded against the home.
The key question is: “Will I receive the property free of registered debts and charges, except those expressly stated in the deed?” If a mortgage is being cancelled at completion, ask how that cancellation will be documented and who is responsible for the associated costs.
Do not confuse a clean registry extract with a complete risk assessment. Community debts, local tax issues, planning matters and unregistered alterations may require separate checks. This is where independent legal and technical due diligence protects you far more effectively than a last-minute question at the table.
How are the purchase price and payments recorded?
Spain requires transparency around the consideration paid. The deed should show the agreed purchase price and identify how payments have been made, including reservation funds, deposit payments and the balance due on completion.
Ask: “Does the deed accurately record every payment I have made and the final amount being paid today?” Make sure the method of payment is also right, whether that is a bank transfer, banker’s draft or another traceable instrument accepted for the transaction.
Never agree to a lower declared price or an informal side payment. Aside from being unlawful, it can create tax exposure and weaken your position if a dispute arises later. The purchase price in the deed should reflect the real transaction.
Which costs am I paying today, and are they correctly allocated?
Before signing, you should have a written completion statement showing the price, taxes, notary fees, Land Registry costs, legal fees and any agreed adjustments. The notary can clarify the notarial charges and the information stated in the deed, but your adviser should explain the wider completion figures in advance.
Ask: “Which expenses are assigned to me under this deed, and does it reflect the agreement between buyer and seller?” In a resale purchase in the Valencia region, buyers will usually pay transfer tax, while sellers generally bear their own capital gains tax obligations and the municipal plusvalía tax. The precise allocation can vary, so it must be clear in writing.
For new-build homes, the tax treatment differs. VAT and stamp duty normally apply instead of resale transfer tax. This is one reason a standard checklist is never enough: the right questions depend on the type of property and transaction.
Is there evidence that community charges and local taxes are up to date?
For a property within a community of owners, ask whether the seller has provided the certificate confirming payment of community fees. You can also ask whether the deed records any known outstanding amounts.
A practical question is: “Has the community administrator certified that payments are up to date, and have the latest IBI property tax receipts been provided?” IBI is the annual local property tax. While the seller’s unpaid liabilities should be addressed before completion, buyers need to know exactly what documentation supports that position.
If the property is a detached home rather than a flat, the focus may shift to urbanisation fees, private road arrangements, wells, septic systems or other property-specific obligations. The notary can record relevant facts, but specialist checks may still be needed.
Are there occupancy, tenancy or possession issues?
The deed should make clear that you receive vacant possession unless you have explicitly agreed otherwise. Ask: “Will I take possession today free of tenants, occupants and belongings not included in the sale?”
This sounds obvious, but it is not a trivial point. A home marketed as available can still raise questions about former tenants, family members, furniture removal or keys. If there is a tenancy, an occupant or any agreement allowing someone to remain, do not rely on a verbal explanation. It needs to be reviewed and reflected clearly in the documentation.
Can you explain any clause I do not understand?
You are entitled to ask for clarification before signing. If you are not comfortable reading legal Spanish, arrange for a qualified interpreter or bilingual legal adviser. Do not nod through a clause because the room feels pressured or everyone appears ready to finish.
Ask the notary to explain, in clear terms, any reference to charges, taxes, powers of attorney, registry discrepancies, retained amounts or special conditions. If an issue cannot be explained satisfactorily, pausing is better than signing something you do not understand.
Questions the notary cannot answer for you
Some of the most valuable questions should be resolved before the notarial appointment and directed to the right professional. Is every extension legal? Are there pending planning enforcement issues? Does the community permit holiday lets? Is a new-build developer delivering exactly what the contract promised? Is the asking price strategically justified?
A notary is not responsible for surveying the condition of a roof, confirming the quality of a renovation or advising whether a neighbourhood suits your plans. Nor are they your negotiator. Their independence protects the legality of the deed, but it does not make them a buyer advocate.
That is why the strongest purchase process combines a notary, an independent lawyer and, where appropriate, an architect or surveyor. Each has a distinct role. Treating the notary as the sole safeguard leaves gaps that are avoidable with earlier preparation.
Bring a clear signing file, not just your passport
By the time you attend the notary, you should have reviewed the final draft deed, completion statement, payment evidence, registry information and relevant certificates. Keep copies of your NIE, passport and, where needed, proof of marital status or power of attorney readily available.
Ask for the signed deed copy and confirm what happens next with Land Registry submission, tax filing and the release of keys. If you cannot attend in person, ensure any power of attorney is prepared correctly and gives only the authority required for your purchase.
Buying a home in Valencia should feel exciting at the notary, not uncertain. The right questions create a final checkpoint, but careful preparation is what gives those answers real value. With independent representation and a properly reviewed file, you can sign knowing the home, documents and financial commitments have been examined from the buyer’s side.
