The Notarial Deed is a public deed, drawn up and registered by a notary, which officially sanctions the transfer of ownership of a property.
Without the stipulation of this deed, the transfer of ownership is not valid.

Physically, the deed appears as a file made up of several pages, signed page by page by the parties and the notary.

The deed contains:

Details of the notary and the parties involved

Cadastral data of the property and annexed areas

Selling price and payment methods

Notary fees

Relevant regulatory references

Note: the keys are often handed over during the deed of sale, unless otherwise agreed between the parties.

Before the Deed

Notary's Choice
The notary is generally chosen by the buyer, who can rely on a trusted professional or evaluate several estimates to choose the most suitable proposal.

Advise:
If you rely on a real estate agency or a bank, you can ask for advice on choosing a notary. It is preferable to select a nearby office, since physical presence will be necessary for the deed.

Documentation Collection
After choosing the notary, he will request all the necessary documentation.
He will examine the material received, highlighting any critical issues and requesting additional documents if necessary.

Once the analysis is completed, it will propose different dates for the stipulation.

The Day of the Deed
All parties involved must be present.
During the appointment:

The notary will read the deed aloud.

It will explain the more complex steps.

He will sign and stamp each page, followed by the seller and buyer.

Payments:

The seller will receive the balance of the agreed price.

The notary must be paid in full on the same day.

Important: the deed only sanctions the transfer of ownership, while any mortgage contracts are regulated by separate deeds.

Compromise and Purchase Proposal: Differences from the Deed
Before the deed of sale, preliminary commitments are formalised through:

Purchase proposal: a private agreement with possible payment of a deposit.

Compromise (preliminary contract): binds the parties to the sale/purchase.

Main differences:
Compromise and purchase proposal do not transfer ownership; they only guarantee mutual commitment.

Defaults:

If the buyer backs out, he loses the deposit.

If the seller withdraws, he must return double the deposit.

Documents Required for the Deed

Documents for All Parties
Valid identity document and tax code

Certificate of residence (if required)

Civil status and property regime

Residence permit (for non-EU citizens)

Specific Documents for the Buyer
Advance payment receipts (deposit)

Broker data (if any)

Copy of the purchase proposal or compromise

Seller Specific Documents

Deed of ownership

Updated cadastral plan

Purchase proposal or registered compromise

Receipt of deposits received

Certificate of habitability

Certificate of Urban Planning Destination (if necessary)

Energy Performance Certificate (EPC)

Condominium regulations (if applicable)

Statement of updated condominium payments

Note: the documentation must be updated and correct; any discrepancies (e.g. building violations) must be remedied before the deed.

Buying and Selling with Mortgage
If a mortgage is involved, the time and documents become more complicated:

The banking institution will participate in the deed.

In addition to the deed of sale, the mortgage deed will also be drawn up.

The mortgage data will also be recorded.

If you sell a property encumbered by a mortgage:
You must provide proof of mortgage repayment or updated documentation.

Timings for the Deed
Timings vary widely depending on:

Hassle-free sale → 2-3 months

Mortgage or document issues → 5-6 months

Possible complications → beyond 6 months

Suggestion:
A competent real estate agency helps speed up the process, through a correct evaluation and an adequate presentation of the property.

Post-Deed Obligations

Seller's Obligations
Deliver the property free from people or things (unless otherwise agreed).

Deliver all the necessary documentation for the change of utilities.

Ensure that the property complies with the declaration.

Buyer's Obligations
Register your new residence with the Municipality.

Take out fire/explosion insurance (often compulsory with the mortgage).

Registrations at the Notary's expense
Transcribe the deed at the Land Registry within 28 days.

Register the deed with the Revenue Agency.

Is it possible to cancel the deed?
Yes, but only in the presence of serious reasons, such as:

Serious non-conformities of the property with respect to what was declared

False information provided during the sale

Coercion (physical or psychological violence)

The request for annulment can be made within five years of signing, following a decision by the Judge.

In summary:
The deed is the final and indispensable act for the transfer of ownership.

The parties must collect and provide all requested documents.

Times can vary from 2 to 6 months.

It is essential to contact competent professionals to avoid errors or delays.