Notary in a Uruguay Property Sale 2026: Role and Costs

INGAR · 2026-02-13 · Legal

What your notary really does (and why it's not a cost, it's an investment)

In our experience accompanying property sales in Montevideo and the interior, we see that many buyers arrive thinking the notary is just another formality: someone who signs papers and charges a percentage. The reality is different. The notary is the only person in the entire transaction whose legal responsibility is to protect the fact that what you're buying is truly yours, free of problems, and that no one can claim it from you afterwards.

Put another way: the real-estate agency helps you find the property, the bank finances it, but the notary is the person who verifies that the entire deal is legitimate. If there is anything wrong with the titles, the debts or the legal status of the property, it is the notary who detects it — or who is held responsible for failing to do so.

If you're just starting your search, we recommend reading our step-by-step guide to buying an apartment in Uruguay first, and then coming back here to understand in detail what the notary does at each stage.

Golden rule: the buyer chooses the notary

This is the first thing you need to know and the thing that is least often said. Article 35 of the Notarial Regulations establishes that the choice of notary belongs to the buyer. Not the seller, not the agency: you.

It makes sense: the buyer is the one who pays the notary's fees (Article 1,673 of the Civil Code), so it is the buyer who has the right to choose who represents them.

In practice, we often see the agency or seller suggesting "their" notary. This is not always malicious (sometimes they simply want to speed things along), but if anyone pressures you to use a specific notary and won't let you choose your own, that is a warning sign. A notary who answers to the seller's interests will not necessarily defend yours with the same intensity.

Our advice: find a notary you trust, ask for a quote, and let that person be the one who reviews the titles and represents you throughout the transaction.

The title search: the most important part and the one that takes the most time

The title search is the notary's most substantial work and where much of the security of your purchase is at stake. It involves reviewing the chain of ownership of the property over at least the last 30 years (or 45 years if the land is of municipal origin). This means reading deed by deed, verifying that each transfer was valid, that the parties had legal capacity to sell, and that there was no fraud or omission.

The notary builds what is known as the "title chain": the complete sequence of owners, from three decades ago to today. If at any point in that chain there is a broken link (an estate that was never probated, a sale made by someone who was not legally authorised to sell, an error in the property description), the notary identifies it and alerts you before you sign anything.

Common problems found in title searches

After years of reviewing transactions, these are the problems that come up most frequently:

Unsettled estates (undeclared inheritances): This is the most common problem in Uruguay. Someone died years ago, the heirs never went through probate, and now they want to sell a property that is still legally registered in the deceased's name. Without the declaration of heirs filed with the Registry, there can be no deed. Probate takes between 6 and 8 months, so if this comes up, the transaction comes to a halt.
Liens and injunctions: The seller has a debt (commercial, judicial, fiscal) and a lien has been recorded against the property. The liens certificate from the Registry will show this.
Uncancelled mortgages: The seller finished paying off the mortgage years ago but never signed the cancellation deed. The mortgage continues to appear as active in the Registry.
Undeclared construction: The property has extensions or improvements that were never regularised with the Intendencia. This creates discrepancies between what the plans say and what physically exists.
Party wall or boundary issues: Discrepancies between what the title states and the physical reality of the plot, particularly in houses and land.
Unresolved co-ownership: Several heirs are co-owners and not all want to sell, or not all can be located.

Any of these problems can be resolved, but it takes time and sometimes money. The important thing is to detect them before signing the promise of sale, not after.

The certificates: what the notary requests and what they are for

In addition to reviewing the titles, the notary requests a series of certificates and reports from various State bodies. There are between 8 and 12 documents depending on the case, and each one verifies a different aspect of the property's situation and the seller's status.

Certificate	Issuing body	What it verifies
Property Registry Certificate (Real Estate Section)	DGR (Dirección General de Registros)	Property ownership, liens, attachments, mortgages
Restrictions Registry Certificate	DGR	That the seller is not legally prevented from selling
Personal Acts Registry Certificate	DGR	Seller's marital status and matrimonial property regime
BPS Special Certificate	BPS (Banco de Previsión Social)	That the seller has no social security debts or outstanding construction levies
Departmental Unique Certificate (CUD)	Intendencia	Outstanding property tax and municipal levies
DGI Certificate	DGI (Dirección General Impositiva)	Seller's tax status (if a taxpayer)
Current Cadastral Record	Dirección Nacional de Catastro	Updated description and cadastral value of the property
Notarial certificate of signatures or powers of attorney	Powers of Attorney Registry (DGR)	Validity of powers of attorney if someone is acting on behalf of another

In some cases additional certificates are required: if the property is in a condominium (propiedad horizontal), the notary requests debt certificates for common expenses from the building management. If the seller is a company, a DGI Special Unique Certificate is added. If minors are involved, court authorisation may be required.

The BPS Special Certificate: the one that surprises most people

Many sellers don't know they need this certificate until the notary asks for it. BPS requires that anyone selling a property prove they are up to date with their social security contributions. In addition, if works were carried out on the property, an architect's certificate (Certificado de Arquitecto or CA) must be presented to certify what works were done, or a sworn declaration stating that no construction took place since acquisition.

The certificate must be current at the time the deed is signed. If it expires before signing, it has to be applied for again.

Real timelines: how long does all this take?

People always ask "how long does it take?", and the honest answer is: it depends on how clean the title is. But to give a concrete reference:

Stage	Typical timeframe	What can delay it
Title search	1 to 2 weeks	Old titles, missing documents, many transfers
Requesting and obtaining certificates	1 to 2 weeks	Delays at government offices, queried certificates
Drafting and signing the promise of sale	3 to 5 days	Negotiation of clauses between the parties
From promise of sale to final deed	30 to 90 days (typically 60)	Bank financing, pending regularisations
Registration in the Registry	5 to 10 business days	Registrar's observations (150-day period to remedy)

In a clean transaction (clear titles, no debts, no pending estates), you could be signing the deed within 3 to 5 weeks from the moment you hand the titles to the notary. But if problems arise, it can stretch to several months. Unsettled estates, for example, add 6 to 8 months to the process.

One point we always stress: the title search cannot be rushed. It is what protects your investment. If a notary tells you they did it in two days, ask them exactly what they reviewed.

Notary fees: how much it costs and how it is calculated

Notarial fees in Uruguay are regulated by the Official Notarial Schedule of the Asociación de Escribanos del Uruguay (AEU). It is not a made-up or arbitrary figure: there is a table that sets out percentages according to the type of act.

Final sale (deed)

The fee is 3% of the higher value between the agreed price and the updated assessed value (the cadastral value adjusted by CPI). The minimum is 12 UR (approximately USD 650 as of April 2026).

Important detail: if the transaction includes VAT (for example, for new properties sold by construction companies), VAT is deducted from the base price before calculating the fees. For real estate, VAT is 10%.

Promise of sale

If a promise is signed as a private document (the most common arrangement), the fee is 1.5% of the price. The cadastral value is not compared and the 12 UR minimum does not apply.

If the promise is made as a public deed, the fee is 1.5% of the higher value between the price and the assessed value, with a minimum of 12 UR.

The total: promise + deed

What many people don't know is that the 1.5% paid at the promise stage is deducted from the 3% charged at the deed stage. So at the time of the final deed you pay only the remaining 1.5% (if values haven't changed). The final result cannot be less than half of the total fee for the sale.

Let's look at a concrete example with an apartment at USD 150,000:

Item	Calculation	Amount
Promise fee	1.5% of USD 150,000	USD 2,250
Deed fee (balance)	3% − 1.5% already paid	USD 2,250
Total notary fees		USD 4,500
VAT (22%) on fees	22% of USD 4,500	USD 990
Total fees + VAT		USD 5,490
Certificates and registry costs	Estimate	USD 200 – 500
Total notary costs		USD 5,690 – 5,990

To this you add the ITP (Impuesto a las Transmisiones Patrimoniales, which is a separate tax and not a notary fee), but the notary is the one who withholds and pays it to DGI on your behalf. More details on all costs in our guide to costs of buying a property in Uruguay.

Can fees be negotiated?

Yes. The AEU schedule is a reference, not a legally mandatory price. In practice, for high-value transactions (above USD 300,000–400,000) it is common for notaries to apply a lower percentage. We have seen fees of 2% and even less on high-value properties. What should not happen is a notary charging significantly more than the schedule without justification.

What we do recommend is not choosing a notary on price alone. A cheap and superficial title search can end up being very expensive if a problem surfaces later that was not detected.

50% reduction for primary residence

If the sale price does not exceed 2,200 UR (approximately USD 120,000 at current values) and the mortgage amount does not exceed 1,700 UR, the schedule is reduced by half. This reduction applies only when the price is funded with an MVOTMA loan and/or subsidy (usually channeled through the BHU); a mortgage from a private bank does not qualify.

The notary as ITP withholding agent

Something people often don't know is that the notary doesn't just draft the deed: they are also a withholding and collection agent for the Impuesto a las Transmisiones Patrimoniales (ITP) by law. This means that at the time of signing, the notary retains the corresponding ITP amount and deposits it with DGI, filing the corresponding sworn declaration.

The ITP rates are:

Buyer: 2% of the updated cadastral value
Seller: 2% of the updated cadastral value

The ITP is calculated on the assessed value set by the Dirección Nacional de Catastro, adjusted by CPI. In most cases, the cadastral value is lower than the sale price, which results in a lower ITP than people expect. But that depends on each property.

The registration of the deed in the Property Registry (Real Estate Section of the DGR) is also handled by the notary. This registration is what gives your purchase "enforceability" against third parties: without registration, the purchase exists between you and the seller, but it is not fully effective against the rest of the world.

Stage by stage: what the notary does at each point

Reservation or deposit: The buyer's notary drafts a reservation document setting out the basic conditions of the deal (price, payment method, deadlines). The buyer deposits a sum (generally 10% of the price) with the notary, and the seller hands over the title deeds.
Title search: The notary reviews the chain of ownership over the last 30+ years and requests all registry, cadastral and municipal certificates.
Report to the buyer: With the search and certificates in hand, the notary informs the buyer whether the title is in order or whether there are observations to be resolved. This is crucial: if there are problems, it is the moment to decide whether to proceed, renegotiate or cancel.
Promise of sale: If everything is in order, the promise is signed. This contract has its own legal force and is filed in the Registry (Law 8,733). Generally 30% of the price is paid at this stage.
Final deed: Signed before the notary, the balance of the price is paid, the notary withholds and pays the ITP, and possession of the property is transferred.
Registry filing: The notary submits the deed to the Property Registry for filing. The review period is 5 business days, and the return of the filed document takes approximately 10 days.

Checklist: questions to ask your notary

Before engaging them, ask them to answer these questions (a good notary will answer them without hesitation):

What are your exact fees for this transaction? (Ask in writing, itemised: fees, VAT, certificate costs, filing.)
How long do you estimate for the title search and obtaining the certificates?
What happens if the title search reveals a problem? Who pays for the regularisation?
How many certificates will you request and from which bodies?
Do you have experience with condominium properties? (if applicable)
Will you handle the Registry filing and the ITP payment?
What is your liability if, after the deed, a title defect appears that you should have detected?

The last question is important. The notary has professional liability for their title search. If they failed to review something they should have reviewed, and that causes a loss, they are liable with their personal assets and professional insurance.

Special situations that add complexity (and cost)

Not all property sales are alike. These situations add steps and may increase notary fees:

Property received through a recent inheritance: If probate is in progress, you have to wait for the declaration of heirs. If it hasn't been started, someone has to start it (6–8 months).
Property with an active mortgage: The notary coordinates with the creditor bank to cancel the mortgage at the time of sale. This adds additional deeds.
Seller abroad: A special power of attorney must be granted before a notary (or consul) in the country where the seller resides, with the corresponding legalisation or apostille.
Property owned by a company (SA or SAS): The notary must verify the existence and good standing of the company, the signing authority of the representative, and that the sale has been authorised by the appropriate corporate body.
Regularisation of construction: If there are undeclared extensions, they must be regularised with the Intendencia before, or as a condition of, the deed.

What you won't be told elsewhere

After working with hundreds of transactions, there are things we know that are not openly stated:

Unsettled estates are a silent epidemic in Uruguay. There are thousands of properties that cannot be sold because the heirs never went through probate. If you're looking at a property being "sold through an estate", ask whether the probate is already complete and filed, or whether it's still in progress.
The cadastral value bears no relationship to the market value. That is why the ITP is usually considerably less than people expect. The 2% of the cadastral value may be a fraction of 2% of the actual price.
A slow notary is not necessarily a bad one. Sometimes the delay is because they are being rigorous with the title search. Better a notary who takes their time and protects you than one who rushes to get paid quickly.
Certificates have expiry dates. If the transaction drags on, new certificates have to be requested (and paid for again). This is especially important for the BPS Special Certificate, which must be current on the day of signing.

Cost summary for the buyer

To bring everything together, these are the typical costs paid by the buyer in a standard sale (no mortgage, no complications):

Item	Who pays	Reference
Notary fees	Buyer	3% of value + 22% VAT
Certificates and registry costs	Buyer	USD 200 – 500
ITP (buyer's share)	Buyer	2% of cadastral value
Registry filing	Buyer	Included in registry costs
Real-estate commission	Buyer	3% + VAT (if applicable)

As a quick reference: for a property at USD 150,000, the buyer can estimate between USD 8,000 and USD 10,000 in total costs (notary + ITP + real-estate commission). Always calculate these costs before committing, not after. We have a detailed guide at costs of buying a property in Uruguay.

Sources and references

Asociación de Escribanos del Uruguay (AEU) - Official Notarial Schedule
Dirección General de Registros (DGR) - Property Registry Portal
BPS - Special Certificates
DGI - Impuesto a las Transmisiones Patrimoniales (ITP)
Notarial Regulations - Art. 35 (buyer's right to choose the notary)
Uruguayan Civil Code - Art. 1,673 (purchase costs borne by the buyer)
Law 8,733 - Promises of sale of real estate by instalments