Giving a power of attorney before a notary in Spain

You have finally found the ideal house or flat to change your life completely or to enjoy wonderful holidays in the sun. You are about to own a property in Spain and you want the procedures to be completed as quickly as possible. But, as in your home country, there are many papers to sign, and this can mean several trips over weeks or even months.

The best way to save time (and therefore money) when you buy a property in Spain? A power of attorney.

What is a power of attorney?

A power of attorney, or Poder Notarial (especial) in Spanish, is an authorisation to act on someone's behalf. It takes the form of a legal document that must be signed before a Spanish notary or a person with equivalent powers (such as a Spanish consul).

It is granted by a principal (one or more individuals or legal entities) to a representative (an individual or a company), and authorises the representative to act on the principal's behalf.

You can therefore sign a power of attorney before a notary in Spain, but also directly in your home country at the Spanish embassy or consulate.

If you use a property adviser, they will take care of all these administrative and legal steps for you.

If you want to go through a Spanish consulate, follow this link to the official website of the Spanish Ministry of Foreign Affairs, which lists all the documents to provide and the procedure to follow.

If it will be used for financial or tax transactions, as is the case for a property purchase or sale, all parties must have a Spanish tax identification number, or a NIE if they are foreigners.

With this power of attorney, usually given to the lawyer or property adviser, the representative can handle the steps your purchase requires: applying for your NIE, opening a bank account in your name, or signing the private contract and the deed of sale if you cannot or do not want to travel at that time.

You can also sign it before a notary in your own country, without going through the Spanish consulate. The document must then carry the Hague apostille (issued in the UK by the FCDO Legalisation Office, in the US by the Secretary of State of the notary's state) and be translated into Spanish.

How much does a power of attorney cost?

If you go directly through the embassy or a Spanish notary, expect to pay roughly €40 to €100.

How do you revoke it?

You can easily revoke the power of attorney before any notary; the representative must be notified.

With a power of attorney, you manage your property project from your home country. Signed at a Spanish consulate, it is valid in Spain straight away. Signed before a notary in your country, it must carry theHague apostille.

The apostille

For some administrative procedures, documents issued abroad (in the UK, the US, Ireland, Germany or the Netherlands, for example) must be certified to be valid in Spain. This authentication of an official document takes the form of a stamp marked "apostille".

See our practical guide to the apostille for more details.

The translation

Once your power of attorney has been signed and apostilled, if it was drawn up in a language other than Spanish, you will need to have it translated.

The Hague apostille proves that the document is official, but it does not tell the Spanish notary, or the other parties involved (lawyer, seller, estate agent), exactly what the document says. It will therefore need to be translated.

Of course, you cannot translate the document yourself: the translation must be done by a sworn translator, who will sign and stamp the translated document to confirm its authenticity.

Still unsure? Need more information? Get in touch with one of our advisers.

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