If you’re living in Spain, sooner or later, you’ll end up visiting a notary. And no, it’s not just about writing a will. Many legal procedures require a notary’s presence, and not knowing this can delay key processes… or even render them invalid.
At Legal Allies, we assist many expats and residents who often ask:
“Do I need to go to a notary for this? Is it mandatory or just a good idea?”
Here’s an up-to-date, practical list of the legal acts in Spain that require a notary, when it’s compulsory, and when it’s simply highly advisable.
What is a Notary and What Do They Do?
A notary in Spain is a public official and legal professional who provides public certification: in other words, they legally verify that a legal act has been carried out according to the law and with full awareness of the involved parties.
Put simply: if a notary signs a document, it’s as legally valid as it gets.
Acts That Require a Notary by Law
These are the procedures where notarial intervention is mandatory:
- Notarial Wills
While you can make a handwritten will (called an “olographic” will), the only 100% safe, valid, and hassle-free option is a notarial will. - Notarized Powers of Attorney
To authorize someone else to act on your behalf—like buying a house, applying for your NIE, or representing you in court. - Property Transactions
A notary must certify the public deed for the sale to be valid and to register the property with the Land Registry. - Incorporating a Company
Setting up a limited liability company (S.L.) requires a notary to draft the articles of incorporation. - Prenuptial Agreements
If you’re getting married and want to establish a different economic regime (like separate property), this must be done before a notary. - Inheritance Acceptance
You can’t register inherited property without a notarial deed of acceptance. - New Building Declarations, Land Division or Merging
These changes require a notarial deed to have legal and registry effects.
Acts That Don’t Require a Notary but Are Recommended
- Long-Term Rental Contracts
Not mandatory, but needed if you want to register the lease with the Land Registry. - Shareholder Agreements
Especially for startups or small businesses—having your agreement notarized can avoid disputes and court issues. - Donations of Assets
Especially for real estate or high-value gifts. A notary checks the legal and tax implications. - Debt Acknowledgements
Very useful when lending money and you want legal backing to ensure repayment.
What If You’re a Foreigner?
As an EU or non-EU resident, going to a notary is quite common in situations such as:
- Granting a power of attorney to your lawyer or gestor.
- Making a Spanish-specific will for assets located in Spain.
- Buying or selling property remotely.
- Legalizing or officially translating foreign documents.
At Legal Allies, we assist with all of this—offering translations, clause reviews, and full support during notarial appointments.
What Happens If You Don’t Go to a Notary When Required?
- The document might be invalid.
- You won’t be able to register it in any public registry.
- You may face legal or tax penalties.
- The act may not have legal effects toward third parties.
Example: If you sell a flat with only a private contract—no notary—you’re not the official owner according to the Land Registry.
Knowing which legal acts require a notary in Spain saves you time, money, and major legal headaches. Even when it’s not strictly required, involving a notary adds legal security, protection, and enforceability.
At Legal Allies, we guide you every step of the way: we draft and review your documents, prepare you for the appointment, and even talk to the notary for you (yes, in your language if needed).
Because it’s not just about signing… it’s about signing right.
