Power of Attorney in Spain: When Do You Need One?

A power of attorney (poder notarial) lets us act for you in Spain, so that you can buy, sell or inherit a property without travelling. We prepare it as part of the purchase, sale or inheritance we are handling for you, worded for exactly that transaction and nothing more.

When you need oneBuying, selling or inheriting from abroad

• BuyingWe sign the private contract and the deed at the notary on your behalf, pay the taxes and register the property in your name at the Land Registry.
• SellingWe sign the sale at the notary, deal with the cancellation of any mortgage on completion, and make sure the price reaches your account.
• InheritingWe sign the deed of acceptance of the inheritance, file the inheritance tax within the six-month deadline and register the property in the heirs’ names.

One step cannot be delegated: the NIE. It is applied for in person, at a Spanish consulate in your country or in Spain, and cannot be obtained through a power of attorney.

Which kindSpecial or general power of attorney

• Special power (poder especial)Covers one specific transaction: buying a particular property, selling it, or accepting a particular inheritance. It is the one we use in almost every case, because it gives exactly the authority that is needed and no more.
• General power (poder general)Gives much wider authority over your affairs in Spain. It is rarely necessary for a purchase, a sale or an inheritance, and we only recommend it when there is a clear reason.

How to sign itThree ways, wherever you live

• 1. Before a Spanish notaryIf you are in Spain, it is signed at a notary’s office in a single appointment.
• 2. At a Spanish consulateIn your country, at the nearest Spanish consulate, which issues it directly in Spanish. Nothing further is needed.
• 3. Before a local notaryBefore a notary where you live, followed by the apostille of the Hague Convention and a sworn translation into Spanish.

Whichever route you choose, we draft the wording ourselves, in Spanish with an English translation, and send it to you ready to sign. The original then has to reach us in Spain before the notary appointment.

Peace of mindIs it safe?

A well-drafted power of attorney is limited to the transaction it is for: a power to buy one property cannot be used to sell another, or to borrow money in your name. You can revoke it at any time before a notary or a Spanish consulate. And you are kept informed at every step, with the documents in front of you before anything is signed.

Questions

Do you prepare stand-alone powers of attorney?

No. We prepare powers of attorney for the purchases, sales and inheritances we handle, as part of that work.

Can I sign it in the United Kingdom after Brexit?

Yes. Nothing has changed: you can sign at a Spanish consulate in the United Kingdom, or before a UK notary with an apostille and a sworn translation.

Can two buyers, or several heirs, sign one power of attorney?

Yes, if they sign it together in the same place. If they live in different countries, each one signs their own, with the same wording.

Can you get my NIE with the power of attorney?

No. Spanish law requires the NIE to be applied for in person, at a Spanish consulate or in Spain.

How we work

We act from our office in Jávea and through our associated office in Dénia, across the north Costa Blanca: Jávea, Moraira, Teulada, Benitachell, Benissa, Dénia and Altea. For the purchase or sale itself, see our property lawyers on the Costa Blanca; for an inheritance, our guide to probate in Spain and our guide to inheriting property in Spain as a non-resident.

Tomas Ballestero Lawyers has been advising international clients on Spanish property and succession for more than 30 years. We work in English, Spanish and French.

The lawyers who will handle your matter

José Manuel Tomas

Conveyancing, Inheritance and Donations · Admitted to the Valencia Bar in 1992 (no. 6407) · Alicante Bar no. 9382

José Rico

Family Law · Valencia Bar no. 12075

Mariano Ortuño

Valencia Bar no. 6041

Manuel Lopez de Andujar

Conveyancing, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Conveyancing, Inheritance and Donations · Alicante Bar no. 3607

Rubén Bolufer Martínez

Legal Assistant

María Salvá

Conveyancing, Inheritance and Donations – Dénia · Alicante Bar no. 3699

Antonio Rodríguez de Sola

Conveyancing, Inheritance and Donations – Dénia · Alicante Bar no. 3374

See buying out a co-owner or selling your share.

How we meetIn person in Jávea, or 100% remote

In person in JáveaMeet us at our office in the Centro Comercial Arenal, Avenida del Pla 126. Meetings in English, French or Spanish.

100% remote, from homeMost of our clients never need to travel. We work by email, phone, WhatsApp and video call, and you sign through a power of attorney. Only the NIE has to be applied for in person, in Spain or at a Spanish consulate.

How much do you charge?

Every matter is different, so before any work starts we send you a written quote. You know our fee from the beginning, with no surprises at the end.

Next stepWhat happens when you contact us

1. You send your enquiryThrough the form below, by phone, WhatsApp or email. A few lines are enough.
2. A lawyer reads itNot an assistant: one of our lawyers reviews your situation and replies personally, the same day.
3. We tell you the next stepWhat needs to be checked first, and which documents would help.
4. We confirm scope and feeIn writing, before any work starts.
5. You decideNothing is commissioned until you say yes.

This page is general information about Spanish law and does not constitute legal advice. Every case is different and you should take advice on your own circumstances before acting.