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Signing a public deed before a notary is not obligatory from a legal point of view, but it is recommendable because it reinforces the legal value of the sale, and it is generally a procedure required by the bank providing a mortgage to the buyers. The public deed contains all of the concepts of the contract of sale, as such it will be different in every case and will vary considerably depending on whether it is a new building or a second-hand flat. The notary must read the document out loud before it is signed by the three parties (buyer, vendor and notary) and this is the time to take note of any relevant clauses. When the public deed is signed, the keys are usually handed over, and the legal value of the transaction is reinforced.  

In order to legally register your house, you must provide the documentation related to the contract of sale or outline to the notary the verbal agreement reached between the buyer and the vendor if it is a second-hand property. In this case, in addition to specifying all of the aspects agreed between the buyer and vendor, the fiscal obligations derived from the sale are noted down, along with the details of how the costs are to be split (who is to pay the various taxes as well as paying the notary), and the status of the residents’ association payments. Furthermore, the vendor must provide the receipt for the last council tax payment, which must be attached to the public deed. If the property that you are purchasing is second-hand, before reaching an agreement with the vendor, you must go to the Land Registry and find out whether it has any burdens attached to it that the vendor has not informed you of. 

If the flat is newly built, by legally registering the property you reinforce the legal value of the process, but logically the contract of sale will include all of the relevant provisions, which will also feature in the public deed, such as the buyer’s and developer’s details, the identification and description of the building (area, communal areas, lumber rooms…), plan of the property and building specifications, utilities, price and conditions of purchase (payment milestones), and penalties in the event of a breach by either party. The developer must provide a copy of the planning permission required by law before building the property, as well as the occupancy permit or licence of first occupation, a document issued by the Housing Department, which certifies that the building is suitable to be used as a residential property. 

In both cases, whether it is a new flat or a second-hand property, it is recommended that you legally register the property before a notary. After doing so, the keys are handed over to the buyer who will enjoy greater legal protection in the face of any issue that may arise. Furthermore, it is a procedure required by banks in order to accept a mortgage application. Remember that before signing, you should read the entire document, and you are entitled to request as many explanations as you see fit. It is the notary’s job to advise you on the legal requirements of the public deed, as well as clarifying any doubts. 

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