What is it and how much does it cost to make a deed of a property?

When purchasing a property, one of the most important steps is formalizing the deed, a legal document that certifies ownership of the property and provides legal security for both the buyer and the seller.

However, many people are unaware of what this process involves, how much it costs to formalize a deed, how much a notary charges to notarize a house, and what steps need to be taken.

For that reason, in this post, we will clearly and thoroughly explain what a property deed is, why it is necessary, the steps to take to formalize it, and the factors that influence its price.

Whether you are planning to buy a house or simply want to understand this legal aspect better, keep reading as here you will find key information to resolve your doubts and make informed decisions. Stay with us!

What are property deeds and why are they necessary?

Property deeds are legal documents that certify the ownership and rights over a property. In short, they are the official proof that someone owns a house, land, or premises.

Their importance lies in their legal and practical value. Without a deed, it is impossible to register the property in the Property Registry, which could hinder legal security in the sale or even access to mortgage loans.

What information does a notarial deed contain?

A notarial deed includes key information about the property and its ownership. The most common data includes:

Property description: dimensions, boundaries, location, and specific characteristics.
Owner’s details: name, official identification, and marital status.
Transaction value: agreed price in the case of a sale.
Liens or encumbrances: information about mortgages, foreclosures, or other commitments related to the property.
Land registry reference: the number that identifies the property in the Land Registry.
Energy efficiency certificate.

These data, among others, ensure clarity and legality in operations related to the property.

Additionally, it is indispensable for the owner to register the property in their name in the Public Property Registry and obtain full legal security over the property.

Notarizing a house: What is it really for?

Formalizing the deed of a property is not only a legal requirement, but it also offers multiple benefits:

Legal security: guarantees the rights of the owner against third parties.
Access to mortgage credit: banks require deeds to grant loans.
Facilitates the sale: a property with deeds is more attractive to potential buyers.
Legal protection: in case of disputes, deeds are the main evidence of ownership.

Therefore, notarizing a house is essential to protect your investment.

Steps to obtain the deeds of a house

The process to obtain the deeds varies depending on the situation. Here are some of the most common cases:

If it’s your first time:

Agree on the sale with the seller.
Make an appointment with a notary.
Gather the necessary documents (see next section).
Sign the deed in front of the notary.
Pay the notarial fees.

If the deed is lost:

Request an authorized copy from the notary where the original deed was signed.
If you don’t remember the notary, go to the Property Registry with the property details.

If you want to regularize the property:

If you inherit a house or want to regularize its situation, you will need to prove ownership through wills, court judgments, or other documents.

Necessary documents for deed of sale

What documents do you need to notarize a house?

To notarize a house, it is essential to have a series of documents that allow the operation to be formalized and guarantee legal security for both the buyer and the seller.

These documents are required by the notary to verify the legitimacy of the transaction, certify the ownership of the property, and ensure that there are no legal obstacles that could affect the process.

Below, we detail the main requirements needed to carry out this procedure:

ID of all parties involved (buyer and seller).
Simple note of the property, which can be requested from the Property Registry and should be requested before buying the property. This is one of the costs to consider when buying the house. The simple note will tell you if there are any liens or debts on the property, among other things.
Receipt of the latest IBI (property tax).
Energy certificate of the property.
Certificate of habitability, as a house cannot be notarized without it.
Certificate from the homeowners association indicating that the seller is up to date with the community payments as of the sale date.
Deposit contract, if formalized.
Proof of payment for the property purchase, i.e., the bank check or transfer that closes the financial operation.
Draft of the deed (if available).
Document proving that the property is up to date with utility payments (electricity, water, and gas).
Deed of sale that the seller obtained when they purchased the property, certifying that they were the buyer at the time.

Having these documents prepared speeds up the process and avoids unnecessary delays.

The notarization process in front of the notary

The process before the notary follows these steps:

Prior appointment: choose a date with the notary to formalize the act.
Document submission: deliver all required documents to the notary.
Reading and signing: the notary will read aloud the content of the deed to ensure both parties understand it.
Payment of notarial fees: pay the corresponding fees.
Property registration: once the deed is signed, the notary or the owner can take it to the Property Registry for inscription.

Each party has a defined role: the buyer delivers the money, the seller transfers the property, and the notary certifies the legality of the process.

When can you receive the deed for your house?

The timeframes for receiving the deed usually depend on the following factors:

Complexity of the case: if the property has liens, the process may take longer.
Administrative procedures: registering the deed can take between 1 and 3 weeks.
Notary’s workload: during peak times, the process may be delayed.

However, generally, at the time of signing the property deed, a simple copy is delivered, and a few months later, when it is registered in the Property Registry, you will receive the authorized copy with the notary’s signature.

How much does it cost to notarize a house in the Denia area?

You've probably wondered more than once how much it costs to notarize a house in Denia. Well, the cost of notarizing a property includes various factors and can vary depending on the autonomous community:

Notarial fees: Notarial fees can vary depending on the autonomous community, but generally range between 0.1% and 0.5% of the purchase price. For properties worth around 400,000 euros, the costs may range from 1,000 to 2,000 euros.
Taxes:
- ITP (Property Transfer Tax): 10% in Denia, but this figure varies depending on the community of the property. It ranges from 4% to 10%. This tax only applies to second-hand homes.
- For new construction, a 10% VAT applies.
- Documented Legal Acts (AJD), between 0.5% and 1.5% of the property value. This percentage depends on the autonomous community. In Denia, it is 1.5%.
Registry fees: between 300€ and 600€, depending on the property.

In total, in the case of a sale, notarizing a property in Denia can range from 2,000€ to 4,000€ for an average property (excluding ITP or VAT). However, it is important to consult with the notary for a more detailed breakdown adapted to your situation.

Do you have more questions? Ask us, with no obligation

If you need more information on how to notarize a property, how much a property deed costs, notary fees for notarization, or any aspect related to property transactions, don’t hesitate to contact us. At our real estate agency in Denia, we are here to help you resolve all your questions. Contact us!