To ensure that the particulars of the property are correct i.e. the identity of the current owner(s), the mortgage charges and any other encumbrances that currently exist on the property and the existence of any court judgments affecting the property etc it is necessary to check with the property register at the local town hall where the property is located.
If you do this yourself the cost is a nominal administration charge of approx. €10.
While it is perfectly legal to arrange for the transfer of a property in Spain via a private legal contract, this is not the typical way of doing so.
The reason is that for the new property title to be registered in the public property register it is necessary to complete the transfer of the property by public deed or ‘escritura publica’.
From a practical point of view, no financial institution will offer a mortgage to facilitate the purchase without a public deed.
This involves the drawing-up of the deeds of transfer by a public notary. This is an independent official, who oversees the process and ensures that the proceedings take place according to the law and that the documentation is verified.
The amount charged by the notary is prescribed by law and varies in function to the price of the property.
Below is a table with approximate costs according to house price. Please note these may vary and the cost must always be confirmed by the notary before proceeding to avoid any problems: