Who Pays the Notary Fees When Buying a Property in Spain?

Who Pays the Notary Fees When Buying a Property in Spain?

When buying or selling a home in Spain, one of the most common questions that arises is: who pays the notary fees? Is it the buyer, the seller, or both?

Understanding how these costs are allocated is essential — especially for international buyers investing in prime areas such as the Costa Blanca. At La Boutique Luxury Real Estate SL, we believe that true luxury lies in the details — and that includes full transparency about purchase costs.

Let’s clarify how notary fees work in a Spanish property transaction.

What Are Notary Fees in a Property Sale?

In Spain, every property purchase must be formalized through a public deed of sale (Escritura de Compraventa) signed before a notary. The notary ensures that the transaction complies with Spanish law, verifies identities, checks documentation, and officially certifies the change of ownership.

Notary fees are regulated by law under Royal Decree 1426/1989 (Notarial Fee Schedule) and depend on:

  • The purchase price of the property

  • The number of pages in the deed

  • The complexity of the transaction

Typically, notary costs range between 0.3% and 0.5% of the purchase price.

For example:
If you purchase a property for €250,000, notary fees would usually range between €750 and €1,250.

Who Pays the Notary in a Property Sale?

According to Article 1455 of the Spanish Civil Code, the distribution of notary costs is as follows:

✔ The Buyer Pays:

  • The notary fees for the deed of sale

  • The cost of the first authorized copy

  • Any additional copies requested

✔ The Seller Pays:

  • The cost of granting the deed (known as “gastos de otorgamiento”) — meaning the formal execution of the deed before the notary.

In practical terms, this seller cost usually ranges between €400 and €900, depending on the property value.

However, it is perfectly legal for both parties to negotiate a different arrangement. In some cases, buyer and seller agree to split the costs 50/50.

Who Pays the Notary Fees for a Mortgage?

If the buyer requires a mortgage to finance the purchase, the rules are different.

Under Law 5/2019 on Real Estate Credit Contracts, the bank is responsible for paying the notary fees related to the mortgage deed.

This represents a significant change from previous legislation, where buyers had to assume these costs.

That said, the buyer will still be responsible for:

  • Property transfer taxes

  • Land Registry fees for the purchase

  • Other related purchase expenses

What About Notary Fees in an Inheritance?

If you receive a property through inheritance, you must sign a deed of acceptance of inheritance before a notary.

In this case:

  • The heirs are responsible for the notary costs.

  • Fees typically range between €500 and €900, depending on complexity and number of heirs involved.

Why This Matters for Buyers in Costa Blanca

For clients purchasing luxury villas, frontline apartments, or traditional fincas in Costa Blanca, understanding the full cost structure is part of making an informed investment decision.

Notary fees may seem minor compared to the overall purchase price, but they form part of the broader transaction costs — which in Spain typically total between 10% and 13% of the property value (including taxes and registry fees).

At La Boutique Luxury Real Estate SL, we guide our clients through every stage of the process — from reservation contract to final signing before the notary — ensuring clarity, transparency, and peace of mind.

Final Thoughts

In summary:

  • Buyers generally pay the notary fees for the deed of sale.

  • Sellers pay the deed execution costs.

  • Banks pay the notary fees for mortgage deeds.

  • Heirs pay notary costs in inheritance cases.

As with many aspects of Spanish property law, agreements can be negotiated — but the legal framework provides a clear starting point.

If you are considering purchasing a home in Costa Blanca and would like tailored guidance on acquisition costs, legal requirements, and investment strategy, our team is here to assist you with discretion and expertise.

At La Boutique Luxury Real Estate SL, we believe true luxury lies in the details — exceptional homes, personalized service, innovation, and care. Specializing in exclusive real estate in the Costa Blanca and the Balearic Islands, we create lifestyle-driven properties defined by excellence and authenticity, building lasting relationships based on trust and transparency.

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