Who pays the notary fees in a property sale?
It depends on the agreement. The law sets tariffs, not who pays each invoice in a sale between private individuals. It is standard to split fees according to local custom: the buyer often pays for the purchase deed while the seller covers the mortgage cancellation, but this must be stated in writing before signing.
Why there is no single answer
In Spain, notary and land registry fees are calculated using official public scales (Royal Decree 1426/1989 and land registry regulations). This determines how much can be charged for each transaction, not who must pay on the day of signing. In resale property transactions, buyer and seller are usually consumers; any clause allocating expenses must be clear, understandable and not unfair if it disadvantages one party.
Local commercial custom plays a role: in some cities the buyer pays the majority of the purchase deed; in others a 50/50 split of the main transaction fees is agreed. What ultimately matters is what is specified in the deposit agreement (arras), private contract or commission sheet, not what "has always been done" in another municipality.
Breakdown of deed expenses under legal regulations
Comparison between the default legal framework set by the Civil Code and freedom of contractual agreement.
| Item | Default legal framework (art. 1455 CC) | Framework by agreement (art. 1255 CC) |
|---|---|---|
| Deed execution costs | Borne by the seller | As expressly agreed by the parties |
| First copy of the deed and subsequent copies | Borne by the buyer | As expressly agreed by the parties |
Item
Deed execution costs
Default legal framework (art. 1455 CC)
Borne by the seller
Framework by agreement (art. 1255 CC)
As expressly agreed by the parties
Item
First copy of the deed and subsequent copies
Default legal framework (art. 1455 CC)
Borne by the buyer
Framework by agreement (art. 1255 CC)
As expressly agreed by the parties
Article 1455 of the Civil Code applies strictly as a default measure in the absence of an express stipulation or agreement in the contract.
Fuente: BOE: art. 1255 y 1455 CC
Which notary fees are included in a typical sale
- Public purchase deed: the main document; fees are based on official tariffs according to the transaction value.
- Mortgage cancellation deed (if applicable): usually handled by the seller as the transferring party with encumbrances, although it is sometimes agreed that the buyer pays upfront and offsets it against the purchase price.
- Authorised copies, preliminary land registry extracts (notas simples) or additional appearances: depending on who requires them for the lender or the transaction.
Land registry fees are distinct from notary fees: they are also shared or allocated by mutual agreement. Do not lump everything under "notary fees" if your estimate includes registry charges, administrative agent (gestoría) fees or taxes (ITP or IVA, depending on the case).
Buyer versus seller: common allocation criteria
Buyer: in many transactions, the buyer covers the purchase deed because they benefit from registering the property in their name and typically require an official copy for their mortgage. This is not compulsory by general law; it is negotiated practice.
Seller: frequently pays for encumbrance cancellation documents, community debt certificates or the mortgage discharge appearance. If selling free of encumbrances, the cost of removing the existing mortgage forms part of their selling expenses.
When a bank is involved, the lender may require specific copies or formal acts; it is advisable to agree in writing who advances each payment to avoid disputes at the notary's office.
Clauses in deposit agreements and deeds
Check before signing the deposit agreement (arras):
- The exact wording regarding the split of notary and registry fees.
- If there is an existing mortgage, who arranges and pays for its discharge.
- If the buyer advances expenses on behalf of the seller, how these are deducted from the price or reimbursed on the day of completion.
- What happens if one party fails to attend or is delayed (costs of rescheduling).
A balanced split usually facilitates completion. An opaque arrangement creates friction just when both parties are ready to sign.
New builds, mortgages and other scenarios
In initial sales of new-build properties, VAT (IVA), building completion declarations and additional deeds may apply; the cost division differs from a private resale. If purchasing with a mortgage, the lender may have specific protocols regarding authorised copies and valuations; do not confuse these costs with the standard purchase deed tariff.
In commercial transactions or deals between non-consumers, different contractual rules apply; check with professional legal advisers if you are not end-consumers.
How to estimate the impact on your pocket
Ask the notary or administrative agent (gestoría) for an itemised quote broken down by service (sale, cancellation, copies). Add land registry fees and transfer tax before agreeing the net selling price or total purchase cost. The guide how much it costs to sell a house in Spain outlines other common expenses beyond notary fees.
Next steps
Agreeing the cost distribution in writing avoids misunderstandings on the day of completion. If you are selling, arrange certificates, mortgage cancellation and completion appointments well in advance.
If you do not yet have a draft cost division, request an itemised fee breakdown from the notary and agree on specific figures in the deposit contract, rather than using generic template percentages unsuited to your transaction.
At Sky Real Estate, we help align timelines and documentation for property sales. You can explore our property sales and marketing service.
This content is for guidance purposes only. Verify current tariffs and the specific agreement for your transaction before signing.
Frequently asked questions
Who pays the notary fees under Spanish law if there is no agreement between the parties?
Fuente: BOE, art. 1455 CC