Public Deed (Escritura Pública)

What Is an Escritura Pública?

An Escritura Pública is a formal document executed before a Spanish notary (notario) — a highly qualified legal professional who acts as a public official and certifies the identity of the parties, their capacity, and their consent to the act being recorded. The notary applies their official stamp and signature, giving the document fe pública notarial (notarial public faith) — legal certainty that the act took place as described.

Spanish notaries are part of a regulated profession (Notariado) with a numerus clausus of posts. Unlike common law jurisdictions where a notary public is a relatively minor function, in Spain (as in most civil law countries) the notary plays a central role in the legal system.

When Is a Public Deed Required?

Spanish law mandates an escritura pública for a wide range of transactions. The most important for foreign investors include:

Without the notarial deed, many of these acts cannot be registered (with the Commercial Registry or the Land Registry), and third parties are not legally bound by them.

The Notarisation Process

1. Preparation: The notary (or the parties’ lawyers) drafts the deed based on the agreed terms and the required documentation.
2. Appointment (Firma): All parties (or their authorised representatives with a poder) attend before the notary. The notary reads the deed aloud, confirms understanding and consent, and witnesses the signatures.
3. Issuance of copies (copias): The notary retains the original (protocolo) and issues copias autorizadas (certified notarial copies) to the parties. These copies have the same legal force as the original.
4. Registration: Where required, the notarial copy is presented at the relevant registry (Registro Mercantil, Registro de la Propiedad).

Notarial Fees

Notarial fees (aranceles notariales) in Spain are regulated by the government — they are not freely negotiable. Fees are calculated based on the economic value of the transaction (for property and capital transactions) or a fixed tariff (for powers of attorney, certificates). For a standard property purchase of EUR 300,000, notarial fees are typically in the range of EUR 800–1,200; for an SL incorporation, approximately EUR 200–400.

Foreign Residents Abroad: Apostille and Sworn Translation

When a Spanish public deed is to be used abroad, or when a foreign document needs to be presented as equivalent to a Spanish deed, the document must typically be:

1. Apostilled (if the foreign country is a Hague Convention signatory) — the apostille certifies the authenticity of the notary’s signature and seal.
2. Translated by a sworn translator (traductor jurado) into Spanish.

Digital Notarisation

Spain has progressively introduced digital notarial services. Since 2023, certain public deeds (particularly for company formation and amendment) can be executed entirely online through the notary’s secure digital platform, using video conferencing and electronic signatures. This is particularly convenient for foreign investors who cannot travel to Spain.

How BMC Can Help

We coordinate the full notarial process for our clients: preparing draft deeds, liaising with the notary, ensuring all parties have the necessary identification and powers of attorney, managing the post-signing registry filings, and handling the apostille and sworn translation of foreign documents.