Who pays the notary in a sale?
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We explain all the necessary information about the purchase and sale of a home: Expenses, signing the mortgage and the procedures prior to the deed.
As notaries with more than 30 years of experience, at the Bosch-Bages Notary Office in Barcelona we can offer you a service appropriate to your needs and inform you of all aspects related to this type of notarial service.
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Purchase of a home
The notary is an official who makes all kinds of documents public, making sure that they comply with current legislation. It is not mandatory the presence of a notary in the sale of a home, but yes It is essential in the signing of your mortgage.
As we mentioned at the beginning of the article, according to the Civil Code, which is the legal compendium that regulates the bases related to the sale of real estate, establishes that:
The expenses of granting deeds will be paid by the seller. While those of the first copy and after the sale will be at the buyer's expense, unless otherwise agreed.
Article 1455 of the Civil Code establishes that the deed expenses, in which the presence of a notary is necessary, must be assumed by the buying party. In addition, notarial services have a price regulated by law. PThey can vary from €600 to €875, depending on the home and its location.. It is also very important to add that if there is a sale of a garage space, Notarial expenses are assumed by the buyer.
Expenses of the sale
To carry out the sale of a home 5 taxes to pay. As long as it is not indicated otherwise in a private contract, taxes will be paid in accordance with current Law.
The selling party will pay the following taxes:
- Municipal Capital Gain.
- Most of the writing.
While the buying party will assume the following:
- Expenditures Copies of the deed.
- Expenditures registration registration.
- transmission taxes.
The Bosch-Bages Notary Office in Barcelona has a team of more than 20 people who offer you the complete catalog of notarial services that any person, company or entity may require.
Specialized and with extensive proven experience in the most complex aspects such as inheritances, wills, mortgage deeds, etc. Don't hesitate to make an appointment if you have any needs.
Presence of the notary at the signing of the mortgage
The presence of a notary is mandatory when signing the mortgage for the sale of a property. The notarial expense in a mortgage is 0,3% to 0,5% of the total amount. To this expense we must add the copies of the buyer and the bank. The buyer should not worry about any of these expenses, which are assumed by the financial institution.
The bank also bears the Tax on Documented Legal Acts. This tax ranges between 0,5% and 1,5%, according to the autonomous community where the sale of the property takes place.
The sale in the Land Registry
When the act of writing is finished, you must proceed to its registration by electronic process. This option is highly recommended, since it is a guarantee against other documents that enter the Property Registry.
It is also possible to presentation of the deed of sale in the registry, by means of a copy authorized by the notary
You can on request any information about deeds in our Notary in Barcelona. In addition, at Bosch Bages you can make an online consultation or request an appointment to make a videoconference with the notary to ask any questions.
Procedures prior to writing
Before granting a deed before a notary for the sale of a home, both parties usually resort to drafting a private contract between seller and buyer. This is also called pre-contract or colloquially arras.
According to Civil Code, the private contract is perfectly valid. In this way, by expressing the Declaration of will of the parties in wanting to establish a legal relationship of sale, that contract is perfected and with the obligation of both parties to comply with it.
The buyer has the right to choose the notary. The granting of a public document has higher effects than the private one. In addition, it provides legal and legal certainty in the content. In this way, the Public deed becomes the gateway for the sale contract to access the Property Registry.
Once before a notary, both parties declare their willingness to grant the sale, together with all the relevant clauses and agreements. It will be reliable (unlike the private document), that is, faith is given to those declarations of the parties to the sale.
once andThe notary has given Faith and legal certainty to the act of sale, will proceed to verify the identity (with ID or passport) of the buyer and seller. Also in case of verifying the legitimacy of the attorneys who act on behalf of others, for representing a minor or legal entity.
The seller must prove that the property is free of leases and occupants. The notary will ask the Registry for a note that certifies the identity of the owner and that the house is free of charges (seizures, with a current mortgage or lien on the land).
In the Sell script The cadastral reference number of the home must be accredited. This will be deducted from the last IBI receipt, which will be delivered by the seller. It is also necessary to request a descriptive and graphic cadastral certificate. This will be incorporated into the deed and has the purpose of verifying that the Public Deed with the Registry.
Finally, the Energy Efficiency Certificate, the Certificate of Habitability and verification of the means of payment will be requested.
There are 2 special cases which are:
Profit scheme or family residence. The notary must verify the document provided of the ownership of the land and whether the house constitutes the habitual family residence. If so, the consent of the spouse of the selling party will be requested.
In rural areas of India, families in charge of a blind minor frequently isolate and deprive him/her of the care and attention they provide to their other children; such situation becomes even more severe among lower-caste families, orphans and if the blind child is a girl. marriage settlement, the marriages that constitute their community property regime, the spouse of the selling party must consent to said sale.
Official Protection Housing. If the sale is constituted on an officially protected home, the notary must warn about the maximum price that that home can be sold. This can never exceed the fixed amount. The buyer must submit to the obligations required by the fact of buying this type of housing.
Online services of the Barcelona notary
You can make an online consultation at the notary's office. Or if you prefer you can ask for a date for a video conference with the notary and ask your question.
This type of online notary service is ideal when the preparation of documents is not required. Click this link: online notary to request information.
We also offer another type of online service such as the request fast simple copies online. By filling out the form on the page you can request your simple copy electronically.
If you are interested in receiving more information about this notary service, request an appointment at our Barcelona notary. Our professionals will be happy to answer your questions.
Purchase and Sale FAQs
€6,010121 will be received for legitimizing the signature; For each additional signature contained in the same document, €3,005061 will be accrued.
Notary fees for purchasing a home: This expense is regulated by law and ranges between 0,2% and 0,5% of the total value of the property purchased (the notary can apply a 10% discount if desired). Typically, it includes an authorized copy of the deed and two simple copies.
Notary fees, VAT and Property Registry fees must be paid at the time of signing. For the ITP, however, a period of 30 days is available.
The deed expenses are the expenses charged by the notary, which range between €600 and €1200. We must take VAT into account, since upon signing the deed all VAT on the house must be paid.
Although fees are regulated by law, factors such as the length of the deed, the number of copies or the discount applied by the notary influence the notary's expenses. They can range between 400 or 500 euros, for deeding affordable homes, and 800 or 1.000 euros, for exclusive homes.
Notary fees for purchasing a home: This expense is regulated by law and ranges between 0,2% and 0,5% of the total value of the property purchased (the notary can apply a 10% discount if desired). Typically, it includes an authorized copy of the deed and two simple copies.
The time it takes for a notary to prepare the deeds depends on several factors, such as the complexity of the transaction and the workload of the notary. However, in general, the process usually takes between one and three weeks.
Your payment is made at the Notary Office at the time of signing the deed.
The notary must ensure that the seller is, in fact, the owner of the home. This is done by requesting a simple note from the Property Registry, which also indicates whether or not the home is free of charges. Advise, inform and resolve doubts.
These are: DNI/CIF or valid residence card. Marital status, matrimonial regime and domicile. Title of the property, whether it is the property deed, inheritance or donation (in this case the inheritance acceptance document must also be presented).
The buyer pays all the expenses corresponding to obtaining the property title (notary forms and their preparation, registration fee, registration diligence, minutes, legalization of the document when applicable, among others).
The house purchase contract contemplates from the beginning who will be responsible for covering the deed cost; most of the time the buyer has the responsibility of making this payment to register as the legal owner of the property.
In this sense, the means of payment in a sale is chosen by agreement between both parties, but it is always essential that they provide proof of all payments both in the deposit contract and in the Public Deed.
In a sale, the buyer is the one who chooses the notary. For example, in a sale, the buyer will be obliged to pay most of the notarial fees, so he will have the right to choose the notary before whom the deed will be executed.
This procedure is paid for by the buyer. Once the above is done, it is time to formalize the purchase before a notary so that the deeds remain in your name. To do this, the seller must present the following documents in original: The previous deed registered in the Public Property Registry.
The costs of granting deeds will be borne by the seller and those of the first copy and the rest after the sale will be borne by the buyer, unless otherwise agreed.
Regarding this, the civil code establishes that the seller bears the costs of the public deed, and the buyer bears those of the first and subsequent copies (art. 1455 Civil Code).
If we adhere to current legislation: “The costs of granting the deed will be borne by the seller and those of the first copy and the rest after the sale will be borne by the buyer, unless otherwise agreed.”
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