Answers for property owners
Is it mandatory to sign a notarial record before a mortgage?
If your buyer needs financing, the signing of the sale has a minimum timescale that is worth knowing from day one.
SHORT ANSWER
Since Law 5/2019, anyone signing a mortgage on a home as a consumer must first go to the notary, who explains the terms and checks that they have been understood. If your buyer is buying with a mortgage, the sale cannot be signed until that step is complete, and the documentation must be in their hands at least ten days beforehand.
IN THIS ARTICLE
It is a step for the buyer, not for you, but it shapes your calendar. Knowing how it works avoids setting a signing date that cannot be met.
What the prior notarial record (acta notarial) is
Law 5/2019, regulating real estate credit contracts, transposed European Directive 2014/17/EU to restore confidence and transparency in mortgages. One of its novelties is that, before signing the loan deed, the borrower must sign a record before a notary stating that they have received and understood all the information. It is known as the transparency record (acta de transparencia).
How it works, step by step
The bank hands over the documentation
The European standardised information sheet, the standardised warnings sheet and the draft contract, at least ten days before the signing.
The notary checks and explains
Verifies that everything has been handed over and answers the borrower's questions: interest, fees, tied products and the consequences of non-payment.
The record is signed
At least the day before the loan deed. Without the record, the notary will not authorise the mortgage.
What it clarifies for the borrower
- Interest: the difference between a fixed and a variable rate and, for the latter, which reference index it is linked to. The notary runs simulations under different scenarios.
- Default interest: what it costs to fall behind on payments.
- Fees: arrangement, early repayment and late payment.
- Appraisal value: why it matters in the event of an auction and when one could happen.
What it means for you as a seller
- Ask in the offer whether the buyer needs a mortgage and from which bank
- Do not set the signing before the ten-day period has elapsed
- Leave some margin if there is a mortgage to cancel on your side
- Consider including a realistic deadline in the arras (deposit) contract
It applies to loans secured by a mortgage on a home granted to individual consumers. Other cases (for example, companies) have different rules.
Frequently asked questions
Who pays for the notarial record?
It is a step within the mortgage process. The law splits the costs between the bank and the customer, so it is worth asking the buyer's bank and notary.
Can it be signed on the same day as the deed?
No. The record must be signed at least the day before the mortgage deed.
Does it affect the seller?
Indirectly: it delays the earliest possible signing date of the sale if the buyer is financing the purchase.
Does a foreign buyer also sign it?
Yes, if they finance the purchase with a mortgage in Spain. If they do not speak Spanish, it is best that they attend with an interpreter or that the notary arranges a translation.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Law 5/2019 on real estate credit contracts; Directive 2014/17/EU; Consejo General del Notariado (General Council of Notaries). Last updated: 24 October 2026.
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