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You found the perfect home in Mallorca, but completion falls in the middle of a busy month at work, or you simply live too far away to travel again. The good news is that you can buy property in Spain with a power of attorney, allowing your lawyer to sign on your behalf. Here is how it works and what to watch out for.
What is a power of attorney?
A power of attorney (*poder notarial*) is a document by which you authorise another person to carry out legal acts in your name. For a property purchase, it allows your representative to apply for your NIE, open a bank account, sign the purchase deed, pay taxes and register the property.
General or specific?
- Specific power of attorney: limited to one transaction, for example buying a particular property. It is the most common and safest option.
- General power of attorney: covers a wide range of acts. Useful for clients with ongoing interests in Spain, but it should be granted with caution.
A good practice is a power of attorney that covers the whole purchase process (NIE, bank, contract, deed, taxes, registration, utilities) without allowing unrelated acts.
How to sign it
Option 1: at a Spanish notary
If you are in Spain at any point, you can sign it before a Spanish notary in a few minutes. It is valid immediately.
Option 2: at a Spanish consulate
Spanish consulates abroad can authorise powers of attorney that have the same effect as those signed in Spain. Appointments may take time.
Option 3: at a local notary with apostille
You can sign before a notary in your own country. The document must then:
- Be legalised with the Hague apostille (for countries that are party to the Hague Convention, such as the UK, Germany or the USA).
- Be translated into Spanish by a sworn translator, unless it is bilingual.
- Meet Spanish requirements so the Spanish notary will accept it.
Your lawyer should send you a draft in Spanish and English before you sign it abroad, to avoid rejections at completion.
What the power of attorney should include
- Full identification of the person granting it and the representatives.
- The property, if known (address and registry details).
- Power to sign the arras contract and the purchase deed.
- Power to pay the price, taxes and fees.
- Power to apply for the NIE and open or operate a bank account.
- Power to deal with the Land Registry, the tax office and utility companies.
- Where relevant, power to sign a mortgage deed.
Our conveyancing services include preparing the draft and coordinating with your local notary.
Is it safe?
Signing a power of attorney is a matter of trust, which is why it should be granted to an independent lawyer who owes you professional duties, not to the seller’s agent. A specific power, limited in scope and time, keeps you in control. You can also revoke it at any time before a notary.
Frequently asked questions
How long does the process take from abroad?
Usually one to three weeks, depending on the notary, the apostille and the sworn translation.
Can both spouses give power to the same lawyer?
Yes, and it is common when both will be on the title.
Can I sign the mortgage by power of attorney?
Yes, but the bank’s requirements must be checked, and the power must expressly include it.
Conclusion
A power of attorney makes it possible to buy a property in Spain without travelling, saving time and costs. The key is a correctly drafted document and a representative you can trust. If you would like us to act for you, you can contact our team and we will send you a draft ready to sign in your country.
