The purchase and sale of a property requires a public deed. The notary checks the identity of the parties, verifies the documentation, and attests to the agreement reached. This procedure can now be carried out without the buyer and seller being in the same city.
Law 28/2023 regulates the signing of notarial documents by videoconference in Spain. The procedure maintains all the legal guarantees of an in-person signing. The client describes their transaction, their identity is verified, and a video call with the notary is scheduled.
The process of purchase and sale by videoconference
The first step consists of sending all the information about the case. The price, the description of the property, the buyer and seller details, and whether there is financing are indicated. The team reviews whether the transaction allows for remote signing.
Once approved, the draft of the deed is prepared. The designated notary reviews it and proposes a date and time for the video call. On the appointed day, the parties receive a secure link. The connection is established with a system that meets the security requirements required by the regulations.
In the video call the notary asks each signer to show their ID card or NIE. Biometric verification is performed or a digital certificate is used. Then the main clauses are read aloud. The buyer and seller confirm that they understand the content and that they are signing freely. The notary authorizes the document with their qualified electronic signature.
The session is recorded for evidence. Once the video call is finished, the electronic copy of the deed is generated. The client receives it by email in a secure format. Subsequently the corresponding tax is paid and the deed is presented at the Property Registry.
Documents that need to be prepared
The seller must provide an updated simple note from the Property Registry. This document cannot be more than 30 days old. The paid IBI receipt and the energy efficiency certificate are also needed.
The buyer presents a valid DNI or passport. If acting through a representative, a notarial power of attorney is provided. In the case of a mortgage, the bank delivers the outstanding balance certificate and the loan conditions. The previously signed earnest money or reservation contract is incorporated into the file.
If the property is new construction, the new build declaration and the first occupancy license are required. In communities such as Catalonia or Andalusia, additional certificates are requested according to regional regulations. Gathering all the documentation before the video call avoids delays.
Costs and taxes of the purchase and sale
The expenses vary according to the price of the property, the autonomous community, and whether the housing is new or second-hand. The buyer usually assumes most of them.
| Concept | Approximate Amount |
|---|---|
| ITP (used housing) | 6% to 11% of the price depending on the autonomous community |
| VAT (new housing) | 10% of the purchase and sale price |
| AJD (Documented Legal Acts) | 0.5% to 1.5% depending on the community |
| Notary fees | Between 600 and 1,200 euros |
| Property Registry | Between 400 and 900 euros |
| Management (optional) | Between 150 and 400 euros |
The notarial fees are regulated by Royal Decree 1426/1989 and its updates. The exact amount is calculated according to the declared value. Taxes must be paid within a maximum of 30 business days from the signing. Submitting them after the deadline generates surcharges.
Practical case: purchase and sale between Madrid and Valencia
Carlos, a resident of Madrid, bought an apartment in Valencia from a couple who were moving to Germany. The seller needed to sign before their flight. No nearby notary office at their hotel in Madrid had immediate availability for a transaction of that amount.
Carlos contacted a remote notary service. In 48 hours all the documents were gathered: simple note, energy certificate, earnest money contract signed weeks earlier, and the conditions of the mortgage granted by his bank. The video call was scheduled for 9:30. Carlos connected from his office in central Madrid. The sellers connected from a hotel near Barajas airport. The notary was in Valencia.
The session lasted 52 minutes. The notary read the clauses regarding price, method of payment, liability for hidden defects, and delivery of keys. The three parties resolved two questions about the distribution of costs. Everyone stated their agreement. The notary attested to the act and signed electronically. The next day Carlos received the authorized copy in PDF with a validation code. The deed was registered at the Valencia Property Registry 18 days later.
This example shows how complex transactions are resolved without travel. The seller was able to take their flight as scheduled. Carlos avoided missing a full workday.
Differences between the purchase of new and second-hand housing
New housing pays VAT instead of ITP. The general rate is 10%. In the Canary Islands IGIC is applied at 7%. Second-hand housing is taxed with ITP, whose rate varies: 6% in Madrid, 10% in Valencia, 11% in Catalonia for values over one million euros.
The documentation also changes. New housing requires a new construction deed and horizontal division. Second-hand housing requires verification that there are no illegal occupants or outstanding community debts. The notary expressly asks about these circumstances during the video call.
The legal warranty period is different. For new housing the developer is liable for two years for defects and five years for structural damage. For second-hand housing the liability falls on the individual seller according to the Civil Code, normally one year.
These procedures can be done online.
Is signing a purchase and sale by videoconference safe?
Yes. Systems with end-to-end encryption and compliance with the eIDAS Regulation are used. The notary verifies identity by means of electronic DNI, digital certificate or biometric identification. The session is recorded and securely stored. The final document carries the notary's qualified electronic signature, which has the same value as a handwritten signature.
What law regulates notarial signing by videoconference?
Law 28/2023, of September 25, regulates the signing of notarial documents by videoconference in Spain. This standard developed and expanded the possibilities that had opened up during the pandemic. The General Council of Notaries maintains a technical protocol that all notaries must follow.
How long does it take from the video call until the deed is registered?
The video call usually lasts between 30 and 60 minutes. The authorized copy is received within 24-48 hours. Tax settlement can be completed within the following 30 business days. The Property Registry takes between 15 and 40 business days to complete the registration, depending on the workload of each office.
Can several people sign from different locations?
Yes. Law 28/2023 allows each signer to connect from a different location. It is common for the buyer, seller, bank representative, and lawyer to be in four different cities. The notary coordinates the multi-party video call and verifies that everyone sees and hears the same information.