ARTICLE ONE

The numbers 1 to 7 of Annex I of the Notarial Fees approved by Royal Decree 1426/1989, of November 17, once converted to euros, will read as follows:

Number 1 - Documents without Value.

For public instruments without value, the following amounts will be charged:
a) General powers: €30.050605.
b) Powers for litigation: €15.025302.
c) Certificates: €36.060726.
d) Wills, per grantor: €30.050605.
e) Prenuptial agreements: €30.050605.
f) Other documents (civil status, emancipation, acknowledgment of paternity, etc.): €30.050605.
For powers, if there are more than two grantors, €6.010121 will be charged for each additional grantor, and for each agent exceeding six, €0.601012.

Number 2 - Documents with Value.

For instruments with value, the fees will be those resulting from applying the following scale to the value of the assets involved in the transaction:
a) When the value does not exceed €6,010.12: €90.151815.
b) For the excess between €6,010.13 and €30,050.60: 4.5 per 1,000.
c) For the excess between €30,050.61 and €60,101.21: 1.50 per 1,000.
d) For the excess between €60,101.22 and €150,253.03: 1 per 1,000.
e) For the excess between €150,253.04 and €601,012.10: 0.5 per 1,000.
f) For the excess between €601,012.11 and €6,010,121.04: 0.3 per 1,000.

For amounts exceeding €6,010,121.05, the notary will charge an amount freely agreed upon with the parties.

The fees established in section 1 will be reduced by 25% for personal loans and credits or with mortgage guarantee. The reduction will be 50% in the following cases:
a) Instruments where the payment of notarial fees is expressly required by law for the State, Autonomous Communities, provinces, or municipalities or their autonomous bodies.
b) Instruments where political parties and trade unions are liable for payment.
c) Loans or advances granted by various public administrations for housing promotion and construction.
d) Loans for the protected rehabilitation of existing housing and primary community equipment.
e) Second or subsequent transfers of buildings and housing that have obtained protected action certification for meeting the requirements established in current regulations.
f) Subrogation, with or without simultaneous novation, and the modifying novation of mortgage loans covered by Law 2/1994, of March 30, provided that the instrument includes a single concept. For the calculation of fees, the amount of the capital pending amortization at the time of subrogation will be taken as the base, and in modifying novations, the amount resulting from applying the mortgage liability amount will be based on the differential between the loan interest rate being modified and the new interest rate.

Letter f) of section 2 of number 2 of Annex I introduced by Royal Decree 2616/1996, December 20 ("B.O.E." December 21), which amends Royal Decrees 1426/1989 and 1427/1989, of November 17, on the fees of Notaries and Property Registrars in subrogation and novation of mortgage loans covered by Law 2/1994, of March 30.

The exemptions or reductions in concentration, public housing, family farms, and others established by law are also preserved.

Number 3 - Protests.

For protest acts, the following fees will be charged:
a) If the amount of the bill does not exceed €60.10: €3.005061.
b) If it exceeds €60.10 and does not exceed €150.25: €4.507591.
c) If it exceeds €150.25 and does not exceed €300.51: €6.010121.
d) If it exceeds €300.51 and does not exceed €601.01: €9.015182.
e) From €601.01 onwards, in addition to the last amount, €0.601012 will be charged for each excess of €601.01 or fraction.
In addition, €3.005061 will be charged in the following cases:
a) For notification, when the effect is domiciled outside the limits of the notary's residence town.
b) When the effect is delivered outside normal hours.
c) For payment of the effect at the notary's office.
€6.010121 will be charged for each hour or fraction when the effect is domiciled outside the municipal boundaries of the notary's residence.

Number 4 - Copies.

Authorized copies and notes of issuance, where applicable, will generate €3.005061 per folio or part thereof. From the twelfth folio onwards, half of the previous amount will be charged.
Simple copies will generate €0.601012 per folio.
In copies of public instruments that are in the Historical Archive, general district archives, or notary archives, when they are more than five years old, double fees will be charged, plus custody fees of €0.601012 for each year or fraction of the document's age.
Notaries responsible for the Protocol Archive will issue copies of instruments at the request of state offices, Autonomous Communities, or local corporations without charge, on unstamped paper, and without prejudice to reimbursement in due course.

Number 5 - Certifications and Legalizations.

Certifications, in general, will be governed by the provisions of number 4.
For the authentication of a signature, €6.010121 will be charged; for each additional signature contained in the same document, €3.005061 will be charged.
For authentications contemplated by Article 262 of the Notarial Regulations, the fees resulting from applying number 2 with an 85% reduction will be charged.
Certifications of the authenticity of a document consisting of several folios, where a single certification can be extended by referring to identifying data, will generate €3.005061 for the matching diligence and €0.601012 for each additional folio.
For legalization certifications, €3.005061 will also be charged for each notary who authorizes them.
Certifications and legalizations of signatures of civil registry certifications will generate half of the fees established in numbers 5.2 and 5.5.

Number 6 - Deposits, Visits, and Others.

For the deposit of closed or holographic wills, €6.010121 will be charged. Upon withdrawal of the deposit, €1.202024 will be charged per year or fraction for conservation and custody fees.
Minutes of opening of minutes books will generate €9.015182, plus €0.060101 per folio. For adhesion, ratification, or other endorsements placed in a document, €3.005061 will be charged.
For leaving the notary's office, except in protest acts, the notary will charge, per hour or fraction:
a) If within the municipal boundaries of his residence: €18.030363.
b) If outside or on holidays, on call, or outside office hours: €24.040484.
In case of public sale and processing of the extrajudicial foreclosure procedure, for master rights, number 2 of the Fee will apply, based on the auction or adjudication price. Numbers 4, 6.2, and 6.3 will also apply to any actions that may arise.

Number 7 - Master Folios.

The master folios, from the fifth folio onwards, will generate €3.005061 per written side. In cases of subrogation and modifying novation of mortgage loans covered by Law 2/1994, of March 30, on Subrogation and Modification of Mortgage Loans, the master folios will not generate any amount up to the tenth folio inclusive.

ARTICLE TWO.

In Annex II of the current Fee, only the General Application Rules Eleven and Twelve are modified as a result of the conversion, and their new wording will be as follows:

ART. Eleven

Eleven.

A complete copy of the Fee, with its application and additional rules, and a table listing the fees corresponding to bases between €6,010.12 and €300,506.05, in multiples of €601.01, will be available to the public in all notaries, announced visibly in the notary's office.

ART. Twelve

Twelve.

When the base exceeds €601,012.11, the notary will contribute to the Notarial Mutual Fund a portion of the fees corresponding to the excess in the amount and manner determined by the Ministry of Justice.

ARTICLE THREE.

The special Notarial Fee earned for the performance of the notarial function at the request of the Land Consolidation Organizations, approved by Royal Decree 2079/1971, of July 23, will be as follows:

a) For the protocolization of the reorganization act of the property authorized by the National Land Consolidation and Rural Development Service and prior examination of the documents: €30.050605 per reorganization area.

b) For acts of delivery and taking possession of properties and disbursements of any kind: €1.202024 per record.

ARTICLE FOUR

The notarial fees, applicable to the first transfer or allocation of dwellings classified or declared protected under Royal Decree 1186/1998, dated June 12, and contained in section 2 of its additional provision, will be as follows:

A) First transfer or allocation of dwellings: 60.047119 EUROS.

b) When the dwelling is linked in the project and registered with a garage space and, if applicable, storage rooms or other annexes referred to in that royal decree, the indicated amount will be increased, for all concepts, by the following amounts: 9.015182 and 6.010121 euros, respectively.

c) When a real guarantee is constituted in the same act of the first transfer or allocation to secure the deferred price, the indicated amount will be increased, for all concepts, by the following amount: 30.020554 euros.

ARTICLE FIVE

The notarial fees contained in Article 8 of Law 41/1980, of July 5, as amended by Article 37 of Royal Decree-Law 67/2000, of June 23, will be as follows:

a) First transfer or allocation of dwellings with a usable area not exceeding ninety square meters, as well as, if applicable, subrogation in the qualified mortgage loan of each of said dwellings: 60.047119 euros.

b) When the dwelling is linked in the project and registered with a garage space and, if applicable, storage rooms or other annexes, the fees subject to the cap of 60.047119 euros may be increased for all concepts by 9.015182 and 6.010121 euros, respectively.

c) When a real guarantee is constituted in the same act of the first transfer or allocation to secure the deferred price, the indicated amount will be increased, for all concepts, by 30.020554 euros.

ARTICLE SIX

When notarial fees are determined by the value of the document, before applying the corresponding amount or percentage, that value must be converted to euros, rounding up or down to the nearest cent, as provided in Article 11.1 of Law 46/1998, of December 17.

When to obtain the notarial fees it is necessary to apply a percentage on an amount expressed in euros, the resulting amount will be taken with six decimals, rounding up or down to the nearest sixth decimal, as provided in section four of Article 11 of Law 46/1998, of December 17, as amended by Law 9/2001, of June 4.

ARTICLE SEVEN

In cases where notarial fees are obtained by summing the various applicable fees or by percentage reductions or discounts (whose validity is not altered by this regulation), the rounding off for intermediate operations will be taken into account as determined by Article 11.2 of the Law on the Introduction of the Euro. The final invoice amount will be rounded in all cases to two decimals.

ANNEX II

General Application Rules.

First.- The Fee will be applied based on the value fiscally verified of the facts, acts, or legal transactions, and, in their absence, on those indicated by the parties in the corresponding document.

Second.- The Notary may not receive any amount for advice or configuration of the act or business, the documentation of which he authorizes.

Third.- Instruments will be considered public without amount when it is not determined nor determinable, and those others in which, even if expressed, it does not constitute the immediate object of the legal act contained in the instrument. This group includes:

a) Notarial acts in which the expressed circumstances concur; the balance fixing in credit operations and the compliance of the suspensive condition of loans, even if there is an amount delivery.

b) Deeds of modification, clarification, rectification, and correction that do not produce a taxable fiscal concept and complementary instruments of a previous one that have accrued rights by number 2.

c) Deeds of final loan fixing in an amount equal to or less than the maximum provided, even in the case of a mortgage loan.

Fourth.-

1. Instruments will be considered public with an amount when it is determined or determinable, or they are subject by their content to Inheritance and Donations Taxes, Property Transfers and Documented Legal Acts, Value Added Tax, or any other determined by tax legislation.

2. To determine the concepts contained in the authorized documents, substantive and tax rules will be followed.

3. In the incorporation of companies, the scale of number 2 will be applied only once based on the social capital, regardless of the nature and number of contributions made.

In inheritances, dissolution of communities, and liquidation of companies, with property allocations, the rates of number 2 will be applied to each interested party for the total goods allocated by the same concept. For this purpose, allocations to the same interested party as heir, legatee, or participant in the conjugal society will be considered as a single concept.

If an instrument includes several hereditary transfers, the corresponding rights will be charged for each of them.

When the inheritance partitions also liquidate the conjugal society, this liquidation will be considered an independent concept regarding the surviving spouse.

1. The rights of number 3 of the Fee will include those for the protest of bills of exchange or other commercial effects, including their notification to the drawee, the document, and copy if issued. They do not include advances or locomotion. Other actions derived from the protest will be regulated by their respective numbers.

Fifth.- The board of directors will fix for each locality the population limits and normal hours for the delivery of effects, according to the distribution bases approved by the Directorate General of Registries and Notaries.

Sixth.- The obligation to pay the fees will correspond to those who have required the Notary's services and, if applicable, the interested parties according to substantive and tax rules, and if several, all of them jointly.

Seventh.- When, by agreement with the interested parties, a document has been drafted but not authorized due to the withdrawal of one or all, the Notary will receive half of the fees corresponding to the original, according to the fee, which will be paid by the one who has withdrawn.

The Notary will be entitled to fully receive the advanced expenses.

Eighth.-

1. The Notary is not obliged to pay any amount on behalf of the client, and if voluntarily done, must be reimbursed from the moment the payment was advanced.

2. The Notary may not require a fund provision in advance, except for payments to third parties that must be made in the client's name and are a necessary budget to grant the document.

Ninth.-

1. The amount of the accrued fees, the base used for their calculation, and the applied fee numbers will be stated by the Notary, with his signature, at the bottom of the deed or original document and all its copies.

2. The fees that Notaries accrue according to these fees will be recorded in the appropriate invoice, which will express the advances, concepts, bases, and applied fee numbers to be signed by the Notary, according to the information obligations established in section 2 of the additional provision eight of Royal Decree-Law 8/2010, of May 20, which adopts extraordinary measures for reducing the public deficit.

The invoice must expressly mention the appeal against it and the term for its challenge.

The invoice model will be uniform for all Notaries and will be approved by Resolution of the Directorate General of Registries and Notaries.

Operations, regardless of their processing mode, that do not have fees specified in the fee will not generate any collection rights.

Section 2 of the ninth rule of Annex II amended by section three of the first article of Royal Decree 1612/2011, November 14, which modifies Royal Decrees 1426/1989, of November 17, and 1427/1989, of November 17, which approve the fees of notaries and registrars, as well as Decree 757/1973, of March 29, which approves the fee of commercial registrars ("B.O.E." November 17). Effective: November 18, 2011.

3. The Notary will render an account for the advanced expenses and payments to third parties made in the name or on behalf of the client.

Tenth.-

1. Interested parties may challenge the invoice formulated by the Notary within fifteen business days following its notification or delivery.

2. The challenge must be presented to the Notary who formulated it, who, with his report, will elevate it, within ten business days, to the Board of Directors of the notarial college for its resolution.

Likewise, the challenge may be presented directly to the Board of Directors of the corresponding notarial college. In this case, the Board will immediately request a report from the Notary, which must be issued within a maximum of ten days.

3. The resolutions of the Board of Directors may be appealed within ten business days to the Directorate General of Registries and Notaries.

4. The Boards of Directors must communicate to the Directorate General all the appeals that have been filed as well as the resolutions issued in this matter.

Eleventh.- A complete copy of the Fee, with its application and additional rules, and a table showing the corresponding fees for bases between 1 and 50 million pesetas in multiples of 100,000, will be available to the public in all Notaries, announced in a visible place in the Notary.

Twelfth.- When the base exceeds 100,000,000 pesetas, the Notary will contribute to the Notarial Mutuality a part of the fees corresponding to the excess in the amount and form determined by the Ministry of Justice.

Thirteenth.- The Notary may totally waive the accrued fees for any act or contract, whose documentation he authorizes, but he will not have the power to make partial waivers. Nor may the Notary, when his fees exceed 1,000 euros, assign them to third parties, except to the extent necessary to guarantee a loan to finance the professional activity, the collection rights accrued as of the date of the guarantee.

Blog