The notary when buying a property in Menorca: what you need to know

The notary is a central figure in any property purchase in Spain. Yet many buyers — particularly international ones — arrive at the signing without fully understanding what the notary's role is, which documents will be signed, or what will happen during the meeting.
Knowing the process in advance makes for a calmer experience and helps avoid last-minute misunderstandings.

What is a notary in Spain?

A Spanish notary (notario) is a specialised public official whose primary function is to provide public authentication of legal acts and contracts. In property transactions, notarial involvement is mandatory for the sale to be legally valid and registerable at the Land Registry.

Unlike in some other countries, a Spanish notary does not represent either the buyer or the seller — they act as an impartial guarantor of the legality of the transaction.

What does the notary do before signing day?

Before the signing appointment, the notary carries out a series of essential checks:

• Verifies the identity of both parties
• Confirms the seller is the legitimate owner via the Land Registry
• Checks the property is free of mortgages, liens or encumbrances (or that these are cancelled at the same time)
• Confirms the property is up to date with IBI (property tax) and community fees
• Drafts the deed of sale reflecting all agreed terms

Signing day: what happens?

The signing of the public deed (escritura pública) before the notary is the central act of the purchase. The typical process is as follows:

1. Identity check: the notary verifies the ID documents of all parties. Foreign buyers must present their NIE in addition to their passport.
2. Reading of the deed: the notary reads the document aloud and clarifies any questions. If any party does not understand Spanish, a sworn interpreter must be present.
3. Signing: all parties sign the deed. At this point, ownership is officially transferred.
4. Payment: the agreed price is usually paid by banker's draft or bank transfer, evidenced in the deed.
5. Key handover: unless otherwise agreed, keys are handed over at the moment of signing.

Who chooses the notary?

By law, the buyer has the right to choose the notary. In practice, this may be one of the notaries based in Menorca, or in some cases one from another location if both parties prefer.

The estate agent or lawyer handling the transaction can usually recommend notaries experienced in dealing with international buyers.

How much does the notary cost?

Notarial fees in Spain are set by official tariff, so they do not vary significantly between notaries. The cost depends primarily on the declared sale price.

As a general guide, notarial fees for a residential sale typically fall between €600 and €1,500, depending on the property price and the length of the deed.

This cost is normally borne by the buyer, unless expressly agreed otherwise.

Is a lawyer also necessary?

The notary ensures the formal legality of the act but does not advise either party. It is therefore strongly advisable to have an independent lawyer review the legal and planning status of the property before reaching the notary, and to be present throughout the process.

This is particularly important for foreign buyers unfamiliar with the Spanish legal system.

The deed and the Land Registry

After signing, the public deed must be registered at the Land Registry for the transfer of ownership to be enforceable against third parties. This is usually handled by the notary's office or a gestoría, and requires prior payment of the applicable taxes (ITP or VAT, depending on the property type).

Conclusion

The notary provides essential legal security in any property purchase in Menorca. Understanding their role, knowing what to expect and arriving well-advised are key steps to completing the transaction with full confidence.
At Fincas Venalis, we accompany our clients throughout the entire buying process, from property search through to signing day.

More information: venalismenorca.com/en/