Who pays the notary fees for a purchase and sale?

Buying a home in Spain involves several additional costs beyond the agreed-upon price of the property. One of the most significant is the notary fees, required to formalize the contract in a public deed.

The frequently asked question is: who pays the notary fees in a purchase and sale? The answer isn't that simple, as it depends on current legislation, the agreements between the buyer and seller, and certain exceptions that may arise in the transaction.

In this article, you'll find a clear and up-to-date explanation of how these expenses are distributed according to Spanish regulations, what exceptions exist, and what options you have if you encounter difficulties paying them.

Legal Framework: What does the law say in 2025?

In Spain, the applicable regulations are mainly included in the Mortgage Law and in the Real Estate Contracts LawFollowing changes in recent years, the general rule in effect in August 2025 is as follows:

• The costs of granting the public deed of sale must be assumed by the seller.
• Copies of the public deed requested correspond to the buyer, unless both parties agree otherwise.

This means that, as a rule, the cost of the original deed signed at a notary's office falls on the seller, while the buyer pays for any necessary certified or certified copies.

However, it should be noted that this distribution is not absolute. The principle of autonomy of the will allows the buyer and seller to reach a different agreement, as long as it is reflected in the sales contract.

Difference between notary fees and other associated fees

It is common to confuse the notary fees with other disbursements related to the purchase and sale. It is important to differentiate them:

1. Notary fees: fees charged by the notary for authorizing the public deed.
2. Registration fees: fees for registering the property in the Property Registry.
3. Taxes: like the ITP (Property Transfer Tax) or the VAT, depending on the type of housing.
4. Mortgage expenses: if the buyer requests financing.

The specific regulations regarding notary fees are separate from these other costs, although all must be included in the final purchase price.

Exceptions to the legal distribution of expenses

Although the law establishes some bases, in practice there are exceptions and nuances:

• New construction homes: In many cases, the developers assume the costs of the master deed, while the buyer pays for the copies.
• Purchase and sale between individuals: The parties may agree that the buyer will assume all costs to close the transaction more quickly.
• Purchases with mortgage: When there is a mortgage loan, the notary fees related to the mortgage deed are the responsibility of the bank, although the copies requested by the client are paid by the bank.
• Negotiation in high demand areas: In highly competitive real estate markets, such as the Costa Blanca, sellers may impose certain costs on the buyer.

What to do if you can't afford the notary fees?

Buying a home involves a significant financial commitment, and although notary fees aren't the most expensive, they can be a problem if you've already spent most of your cash on the down payment and taxes. Some options to resolve this issue include:

1. Negotiate with the seller: In some cases, the seller may be willing to assume more costs in exchange for closing the deal quickly.
2. Apply for a personal loan: Banks offer quick loans to cover expenses associated with the purchase and sale, such as notary fees, registration fees, or moving fees.
3. Extend the mortgage: If you are financing the purchase, you can include a small additional amount in the mortgage loan to cover notary fees.
4. Go to a trusted real estate agency: A specialized agency can help you plan all costs and look for financing alternatives.

How much will notary fees cost in 2025?

Notary fees in Spain are regulated by rates set by the State, so they do not vary between notaries. The cost depends on the purchase price of the property:

• Homes up to €100,000 → between €600 and €800.
• Homes between €100,000 and €500,000 → between €800 and €1,200.
• Homes over €500,000 → from €1,200, with proportional increases.

These amounts are indicative, as copies, testimonials, or other requested services may be added.

The role of real estate agencies in the process

Having the support of a specialized agency is essential to avoid surprises. luxury real estate on the Costa Blanca can advise you not only on finding the right property, but also on managing all the expenses arising from the purchase and sale, including notary fees.

Real estate advisors have firsthand knowledge of current legislation and can help you:

• Calculate all expenses in advance.
• Negotiate a more favorable deal with the seller.
• Recommend financing formulas if necessary.
• Ensure that the operation is carried out within the law.

Practical summary

In summary, currently in Spain, the regulations in force as of August 2025 establish that the Seller pays the costs of granting the public deed, while the buyer assumes copies.

However, there are exceptions and negotiation possibilities that allow cost distribution to be adapted to each situation.

If you have difficulty meeting these requirements, you can take out a personal loan, extend your mortgage, or negotiate directly with the other party. In any case, it's best to have the support of a luxury real estate on the Costa Blanca to advise you throughout the entire process and guarantee a safe and transparent sale.