Spanish Notary vs Notary Public – What’s the Difference?

When dealing with international legal matters such as property purchases, business transactions, wills, or powers of attorney, the role of a notary becomes crucial. However, many people are surprised to learn that a Spanish Notary (Notario) and a Notary Public in the UK have some differences.

Understanding these differences is essential, especially if you are buying property in Spain, handling cross-border documents, or managing international affairs. This blog explains some differences about the work of Spanish Notaries and UK Notary Publics.

What Is a Spanish Notary (Notario)?

In Spain, a Notary known as a Notario, is a highly qualified public official who plays a central role in the domestic legal system. Spanish Notaries are appointed by the state and operate as impartial legal professionals who ensure the legality, validity, and fairness of legal transactions.

Spanish Notaries are deeply involved in drafting, advising, and authenticating legal documents. Their role is preventative rather than reactive, meaning they aim to prevent legal disputes before they arise.

What Is a Notary Public in the UK?

A Notary Public in the UK is a legally trained professional authorised to certify documents for use abroad as the English domestic legal system, due to historic reasons, does not strictly require legal tasks performed by a Notary Public. UK Notaries primarily focus on drafting, verifying identities, witnessing signatures, and authenticating documents.

UK Notaries act as independent legal officers regulated by the Court of Faculties of the Archbishop of Canterbury. The role of English Notary Publics has been equated to that of Notaries in civil law jurisdictions and their training is rigorous and comprehensive combining academic legal study with specialised professional instruction.

 Training and Qualifications: A Major Difference

Spanish Notary Training

Becoming a Spanish Notary is extremely competitive. Candidates must:

• Hold a law degree

• Pass one of the toughest public examinations in Spain (public exams)

• Undergo years of preparation and legal training

Spanish Notaries are among the most highly trained legal professionals in the country, with deep expertise in property law, inheritance, company law, and family law.

UK Notary Public Training

UK Notaries are usually:

• Qualified solicitors or barristers first

• Required to complete postgraduate notarial training

• Regulated and licensed to perform notarial acts

• Trained in foreign documents, as they are often required to draft documents, notarial acts etc, that will take effect in other legal jurisdictions with different legal structures.

Legal Authority and Powers

Authority of a Spanish Notary

Spanish Notaries have extensive legal authority. They:

• Draft and authenticate public deeds

• Provide impartial legal advice to all parties

• Ensure compliance with Spanish law

• Give documents full legal force

Documents notarised in Spain often become public instruments, carrying significant legal weight and enforceability.

Authority of a UK Notary Public

UK Notaries:

• Verify identities and legal capacity

• Witness signatures

• Certify copies of documents

• Prepare documents for international use

• Makes sure clients understand the effects and consequences of the documents they sign

• Draft foreign documents if they are competent to do so, for example, if the Uk Notary Public is also a Spanish Lawyer

Role in Property Transactions

Spanish Notary and Property Purchases

In Spain, property transactions cannot be completed without a Notary. The Spanish Notary:

• Drafts the title deed

• Explains the legal implications to all parties

• Confirms ownership and land registry details

• Ensures taxes and payments are correctly handled

The Notary acts as a neutral legal authority protecting both buyer and seller.

UK Notary and Property Matters

In the UK, Notaries are not typically involved in domestic property transactions. Solicitors usually handle conveyancing although this can also be carried out by a Notary Public who has the required legal training. In respect to foreign property matters, a UK Notary most often become involved with property transactions if documents need to be used overseas, for example, when buying property abroad.

Use in International and Cross-Border Matters

Spanish Notaries

Spanish Notaries primarily deal with matters governed by Spanish law. Their documents are widely accepted internationally, especially when accompanied by an apostille.

UK Notary Publics

UK Notaries specialise in preparing documents for international use, such as:

• Powers of attorney

• Affidavits

• Company documents

• Immigration and visa paperwork

Their role is crucial in cross-border legal recognition and their documents are also widely accepted internationally, given the nature and relationship of the UK with other countries.

Cost Structure and Fees

Spanish Notary Fees

Fees are regulated by the Spanish government and are generally fixed based on the type and value of the transaction. This makes costs transparent and predictable.

UK Notary Fees

UK Notary fees vary depending on:

• Document complexity

• Number of documents

• Urgency

• Time spent dealing with the matter at hand

Fees usually take into account time-sensitive work and complexity of the matter, especially if dealing with other languages.

Impartiality and Client Relationship

Spanish Notaries act as impartial public officials serving all parties equally. They do not represent one side over another.

UK Notaries are also impartial but are typically instructed by one client to notarise documents for specific international purposes.

Common Misunderstandings

Many people assume notaries perform the same role worldwide. The Spanish Notary has. A wider domestic legal knowledge but a UK Notary Public who is both a qualified Spanish Lawyer can deal with a wider range of documents for different countries. In essence, Spanish Notary à domestic law, UK Notary Public à foreign law, including Spanish law if competent in this jurisdiction, such as firms like Lopez & Moreno Associates, Notaries & Spanish Lawyers.

Final Thoughts

While both Spanish Notaries and UK Notary Publics play vital roles in legal processes, their tasks differ slightly. Spanish Notaries are egal authorities deeply involved mostly in domestic transactions, while UK Notary Publics specialise in certifying documents for international use and have a wider knowledge of the legal requirements of foreign documents.

If you are dealing with cross-border matters involving Spain and the UK. The use of international firms, such as Lopez & Moreno Associates, Notaries & Spanish Lawyers can help in making this process smooth due to their knowledge in the two jurisdictions.

At Lopez & Moreno Associates, Notaries & Spanish Lawyers, we are able to prepare notarial documents that comply with all the necessary requirements to be legally valid in Spain.