The transparency certificate (acta de transparencia) is a mandatory notarial document required by the Spanish Real Estate Credit Contracts Act (Ley de Contratos de Crédito Inmobiliario, LCCI), which the borrower (the person applying for a mortgage loan) must sign before signing a mortgage on a home. Its purpose is to ensure that the consumer has received, understood and accepted all the information about the mortgage loan with complete clarity and without pressure.
This certificate has no financial content in itself, but it is essential in order to sign the mortgage loan deed. Without it, the notary cannot authorise the mortgage.
What is it for?
- Verifying that the consumer has received the mandatory pre-contractual documentation
- Ensuring that the notary has given them impartial, personalised advice
- Confirming that the statutory reflection period (at least 10 days) has passed
- Legally protecting the borrower against unfair or incomprehensible clauses
What does the notary do?
- Reviews the documentation sent by the bank: FEIN (European Standardised Information Sheet), FIAE (Standardised Warnings Sheet), the contract, etc.
- Personally explains each clause of the loan to the borrower
- Checks that the borrower understands the risks, interest rates, fees and guarantees
- Authorises the certificate, recording that impartial advice has been given
- Prevents the mortgage from being signed if a lack of understanding or any irregularities are detected
Main features
- It must be signed at least 1 day before the mortgage deed
- It contains statements by the borrower and the notary on compliance with the LCCI
- It is mandatory when the borrower is an individual and the property is for residential use
- It is free of charge for the consumer (no notary's fees for the client)
Important considerations
- The lender must send the documentation via the notarial platform (SIGNO)
- The notary will check whether all statutory time limits have been respected
- The consumer is entitled to ask questions and clear up any doubts
- If the certificate is not executed, the mortgage cannot be signed
Legal value
The transparency certificate proves that the borrower has received prior, free and mandatory notarial advice. It is fully legally valid and protects both the consumer and the financial system, ensuring transparency and avoiding later disputes over lack of information.