Power of Attorney for Buying Property in Spain: Guide for Foreigners

What is a Power of Attorney and when do you need one?

A Power of Attorney (POA) is a legal document that authorizes another person to act on your behalf in legal matters. In the context of buying property in Spain, it is especially useful when you cannot physically be present for the signing of the public deed before a notary.

As a foreign buyer, you will likely need a POA in these situations:

• You cannot travel to Spain for the deed signing
• You want your lawyer or representative to handle the entire process
• You are buying from your home country without being able to travel
• You need someone to sign bank documents on your behalf

Types of Power of Attorney for property purchase

There are several types of POA you can use:

Special POA for property purchase

The most recommended and secure option. It is granted specifically for buying a particular property or for real estate transactions. It limits the representative's actions to the operations described in the power.

General POA

Allows the representative to perform multiple actions on your behalf. It is broader but also riskier, as it does not limit actions to property purchase.

POA for property management

Ideal if you already own property in Spain and need someone to manage it: paying taxes, contracting insurance, renting, etc.

Tip: Whenever possible, use a special limited POA for the specific transaction. Avoid broad general powers that could be abused.

How to obtain a POA in Spain

If you are in Spain, the process is straightforward:

1. Go to any notary with your ID or passport and NIE
2. The notary will draft the POA according to your instructions
3. Sign the document before the notary
4. The POA is recorded in the notarial protocol

Cost: Between €60 and €120 for a special property purchase POA. A general POA can cost €100-200.

How to obtain a POA from abroad

If you are in your home country, the process varies by nationality:

EU Citizens

1. Go to a local notary in your country
2. The notary drafts the POA in Spanish or bilingual format
3. Legalize with the Hague Apostille
4. Send the original by registered mail to your representative in Spain

British Citizens (post-Brexit)

1. Notary Public in the UK
2. Legalization at the FCDO
3. Hague Apostille
4. Sworn translation to Spanish if the POA is in English

Other nationalities

1. At the Spanish consulate in your city (simpler option)
2. Or via local notary + consular legalization + Hague Apostille

Cost from abroad: Between €150 and €400 including local notary, apostille, and shipping.

What the POA should include

A special POA for property purchase should cover at least:

• Complete identification of the principal (you) and representative
• Signing of arras contracts and preliminary agreements
• Signing of the public deed of sale
• Payment of the price before the notary
• Application for necessary licenses and permits
• Bank account opening (if necessary)
• Registration in the Property Registry
• Payment of corresponding taxes (ITP/VAT, AJD)
• Utility connections (water, electricity, internet)

Costs of Power of Attorney

Risks and safeguards

Granting a POA requires trust in the designated person. To minimize risks:

• Limit the power: Use special POAs, not general ones
• Specify the property: Include the cadastral reference
• Add conditions: Maximum price, deadline, purchase conditions
• Choose wisely: Registered lawyer, trusted agency, or direct family member
• Revoke when done: Once the purchase is complete, revoke the POA

Revoking a POA

You can revoke a POA at any time:

1. Go to a notary and execute a deed of revocation
2. Notify the representative in writing
3. Register the revocation

It is essential to revoke the POA once the purchase is complete to prevent the representative from continuing to act in your name.