SOBE Knowledge
What Is the Escritura?
The notarised deed that actually transfers the property — completion day’s choreography, the retentions that protect the buyer, and what happens after the signature.
What the escritura is
The escritura pública de compraventa is the notarised deed of sale — the document, signed before a Spanish notary, that actually transfers the property.
Everything before it — reservation, arras, mortgage approval — is preparation. Completion day is when the price moves, the charges die, the keys change hands and the deed enters the registry’s machinery. The notary is a public officer, impartial by design: they verify identity and capacity, read the deed aloud, warn both sides of its legal effects, and confirm against a same-day registry extract that the property arrives at signature as promised — but they do not perform your due diligence. That was your lawyer’s job, and by this day it is finished.
Completion day, minute by minute
Around the table: buyer and seller (or their attorneys), lawyers, the bank if a mortgage signs alongside, and the notary. The choreography: identities and NIEs verified; the registry extract checked one final time; the deed read and explained; bank drafts delivered — to the seller, to the seller’s bank for the mortgage cancellation, and the retentions held back where they belong.
With a non-resident seller, two retentions are not courtesy but law and prudence: the 3% of the price for the tax office (Modelo 211) and an amount against plusvalía, for which the buyer answers if the seller vanishes. Then signatures, keys — and the utilities readings taken that morning, so the bills change name at the same hour as the house.
After the signature
The notary dispatches the deed electronically to the Land Registry the same day, protecting your priority. Then the sequence your gestoría runs: ITP on Modelo 600 within its 30 working days, then registration — the registry will not inscribe until the tax is paid. Inscription itself takes weeks; you own the property from signature, and the registered title follows.
Costs follow the tariff: notary and registry fees scale with price and complexity, and their allocation between the parties is whatever the contract fixed — fix it, therefore, back at the arras. On a new build, this is also the day the LPO, the bank guarantees and the snagging annexes join the file.
The taxes that follow the signature
SOBE Purchase Tax Calculator
ITP or IVA + AJD, notary, registry and legal fees — the complete bill for the day the escritura signs.
Four ways completion days go wrong
1. Undocumented money. Spanish anti-money-laundering rules require every euro’s route to be stated in the deed. Funds arriving from unexplained accounts stop the signing.
2. The missing NIE or apostille. A power of attorney signed abroad without its apostille, or a spouse without an NIE, postpones everything — against the arras deadline’s clock.
3. No retention from a non-resident seller. The 3% is the buyer’s legal duty and the plusvalía retention the buyer’s shield. Skip either and their taxes can become your problem.
4. Keys before readings. Meter readings, community certificate, the last IBI receipt — collected at the table, or chased for months afterwards.
Frequently asked questions
What happens on completion day?
Buyer, seller, lawyers and notary meet; identities and the registry extract are verified; the deed is read; bank drafts are delivered including any retentions; and the keys change hands. The notary dispatches the deed to the Land Registry the same day.
Do I own the property before it is registered?
Yes - ownership passes at signature. The registration that follows protects it against third parties; the tax must be paid before the registry inscribes, and inscription takes weeks.
Who pays the notary and registry fees?
Whatever the contract fixed - which is why the allocation belongs in the arras. In coastal practice the buyer commonly bears notary and registry costs on a resale; the tariff itself scales with price and complexity.
What retentions apply with a non-resident seller?
The buyer must withhold 3% of the price for the tax office on account of the seller's gain, and prudent practice retains an amount against plusvalia, for which the buyer can otherwise answer as substitute taxpayer.
Can I complete without being in Spain?
Yes, through a power of attorney - signed before a Spanish notary, or abroad with an apostille and, where needed, a sworn translation. Most international completions on this coast sign exactly that way.