What exactly the notary does
The notary gives public attestation of the transaction: identifies buyer and seller, checks their capacity and the registered ownership of the estate, reads the full deed aloud (or confirms that the parties know it) and authorises the signing. They also verify the form of payment under the anti-money-laundering rules: the price is paid by transfer, bank cheque or another traceable means, never with significant cash.
For rural estates it is advisable to choose a notary from the district or the capital who knows the subject: areas, boundaries, easements and redemption rights are common and a seasoned notary detects them before signing, not after.
Documents you must bring
- DNI or NIE in force for all parties.
- Up-to-date nota simple and cadastral reference of the estate.
- Previous deed of the seller, if they have it.
- Latest IBI receipt for the estate and, if there is a dwelling, its energy certificate.
- Proof of arras and of the means of payment of the rest of the price.
- If the estate is in co-ownership or there are several owners, the consent of all; and if the seller is married under community of property and the estate is community property, the spouse also appears.
Who pays each expense
| Expense | Who pays it as a general rule |
|---|---|
| ITP (8 %) | Buyer |
| Notary for the sale deed | Buyer |
| Copies and cancellations of the seller's charges | Seller |
| Land Registry | Buyer |
| Municipal capital gains tax (urban land only) | Seller |
| Administrative agent | Whoever hires them |
These are the legal allocation rules when the contract says nothing. In practice many adverts agree something else, so read it in the arras before arguing it at the notary.
After signing: ITP and Registry
With the authorised copy of the deed the ITP is settled (form 600) within 30 working days, and with the receipt it is submitted to the Land Registry. Registration usually takes a few weeks. If Registry and Cadastre do not match in area or description, the registrar may require a rectification of area or a coordination procedure, which is very common on old estates in Extremadura. The guide to easements and boundaries explains the typical cases.
The deed: what it says and what it should say
The sale deed contains the full identification of the estate (registry and cadastral), the price and how it is paid, the charges from which it is released, the date of possession and the seller's statements. For rural estates it is advisable that it also include, where they exist, the express transfer of wells and water rights, of the agreed PAC entitlements, of buildings and of active easements in favour of the estate. Everything that is not written is left to the goodwill of the other party, and rectifying a deed afterwards costs another deed.
Specifics of rural estates worth reviewing
Before reaching the notary, check in the nota simple, the Cadastre and SIGPAC three things that change the transaction on rural land: the real area versus the advertised one, the rights-of-way easements or livestock routes that cross the estate and redemption rights. Both rural tenants and co-owners of an undivided property may have a right of redemption, that is, the right to take the estate by matching your offer if the sale was not notified to them. The notary will warn you if it appears in the Registry, but the tenant's legal redemption right is not always registered.
How much the notary and registry cost
Notary and registrar fees are official and rise in brackets with the price in the deed, with a minimum per document. As a guide for Extremadura: a 100.000 euro sale usually comes to about 400-600 euros of notary, one of 300.000 about 700-900, and the registry charges somewhat smaller amounts in each case. Simple copies and successive authorised copies are charged separately, at a small amount per page. If the price of the estate is high, the fee is moderated: on million-euro transactions the notary rarely exceeds a few thousand. Ask the notary for a quote with the exact price before signing; they are obliged to give it to you.
Common mistakes discovered on signing day
- The advert's area is not the registered one. The advert says 120 ha and the deed 98. Negotiate on the area recorded in the Registry or Cadastre, and put in writing in the arras what happens if they differ.
- The consent of a co-owner or spouse is missing. In co-ownership and community property the signature of all is needed; an absent co-owner stalls the transaction.
- There is a rural tenant who was not notified. Their redemption right can undo the sale afterwards.
- The payment is not prepared with traceability. A transfer held by the originating bank or an unforeseen daily limit can suspend the signing.
- The house is not deeded or has been extended. The estate registers 30 m² and there is a house of 150. Declaring the new build that same day makes everything more expensive and slower.
None of these problems is rare on rural estates; all are avoided with the due diligence of the preceding weeks, which the step-by-step buying guide summarises.
If the estate includes water, wells or PAC entitlements, have the deed expressly mention what is transferred: they are assets with their own administrative titles and their later transfer is notified to the River Basin Authority and the Junta. Details in the guides to water, wells and concessions and to PAC entitlements.