Power of Attorney for Americans with Property in Dénia

Buying, selling, inheriting or gifting a property in Dénia from the United States? With a Spanish power of attorney you do not have to fly over for the signing: your lawyer signs the deed before the notary, pays the taxes and completes the paperwork for you. Tomas Ballestero Lawyers drafts the power of attorney and uses it only for the matter we handle for you, from our office in Jávea and our associated office in Dénia.

From the United StatesWhere to sign it

• At a Spanish consulateAt the Spanish consulate that covers your state, before the consul acting as notary. It is valid in Spain without an apostille.
• Before a notary publicBefore a notary public where you live, then apostilled by the Secretary of State of that state and translated into Spanish by a sworn translator, unless the document is already bilingual.
• In SpainIf you are in Spain, at any Spanish notary. The power of attorney can be used straight away.
• The wordingWe draft the text and send it to you in Spanish with an English version, ready to sign.
• The originalThe signed original has to reach us in Spain: a scan or a copy is not enough for the notary.
• RevocationIt can be revoked at any time before a notary.

In personThe NIE

Every foreign buyer, seller, heir or recipient of a gift needs a NIE, the foreigner identification number used on the deed and for the taxes. It is applied for in person, at a Spanish consulate in the United States or in Spain. It cannot be obtained by power of attorney, so if you do not have one yet, it is the one step you have to do yourself.

BuyingBuying in Dénia, step by step

• Legal checksBefore you pay any deposit: the Land Registry, the Catastro, the licences, the community of owners and the debts. In Spain the notary does not do this for you; your own lawyer does.
• Contrato de arrasThe private contract with a deposit. With arras penitenciales, a buyer who withdraws loses the deposit, and a seller who withdraws returns it doubled.
• CompletionWe sign the deed for you before the notary in Dénia and the price is paid there.
• TaxesA resale property pays transfer tax; a new build pays VAT and stamp duty instead. We pay them for you.
• RegistrationThe property is registered in your name at the Land Registry.
• After completionThe IBI and the utilities are put in your name.

For a villa we always advise an inspection by an architect. We can put you in touch with Sergio Tomás Arquitectos in Jávea, an architect we usually work with, or you can instruct one of your own choice.

SellingSelling your property in Dénia, step by step

• The documentsThe title deed, the last IBI receipt, the community of owners certificate and the energy performance certificate. We obtain what is missing.
• The contractWe review or draft the contrato de arras with the buyer and receive the deposit on your behalf.
• CompletionWe sign the deed of sale for you before the notary and the price is paid into your account.
• The 3% retentionAs a non-resident seller, 3% of the price is withheld by the buyer and paid to the Spanish tax office on account of your tax.
• Your Spanish taxesThe municipal plusvalía and your Spanish tax return on the sale. We deal with them for you.
• After the saleThe IBI and the utilities are taken out of your name.

InheritanceInheriting a property in Dénia

• CertificatesThe death certificate, apostilled by the Secretary of State of the state that issued it, with a sworn translation; and the Spanish certificate of last wills.
• Inheritance taxSpanish inheritance tax is due within six months of the death. An extension can be requested within the first five months; it is not automatic.
• The deedWe sign the deed of acceptance of the inheritance for you before the notary.
• RegistrationThe property is registered in the heirs’ names at the Land Registry, the municipal plusvalía is paid and the Spanish bank accounts are released.

See also Spanish inheritance for American citizens.

GiftsGifting a property in Dénia

• The deedA gift of property in Spain is made by deed before a Spanish notary. Both the person giving it and the person receiving it can sign by power of attorney.
• The recipient’s taxSpanish gift tax is paid by the person who receives the property. We file it for them.
• The donor’s taxesThe municipal plusvalía and the donor’s Spanish tax on any gain in value. We deal with them for you.
• RegistrationThe property is registered in the recipient’s name at the Land Registry.

Our adviceA specific power, not a general one

We advise a power of attorney limited to the transaction, the purchase, the sale, the inheritance or the gift, rather than a general one. It gives us what we need to complete for you and nothing more.

Frequently asked questions

Do I have to travel to Spain?

No. Apart from applying for the NIE, which can be done at a Spanish consulate in the United States, everything can be done by power of attorney.

Can the power of attorney be in English?

To be used before a Spanish notary it has to be in Spanish. It can be bilingual, Spanish and English side by side, or translated by a sworn translator.

Who acts under the power of attorney?

The person you name in it. For a matter we handle, that is normally a lawyer of our firm.

Do you advise on US law or US taxes?

No. We are Spanish lawyers and we cover the Spanish side only. For US legal or tax matters, please consult your US adviser.

How we work

From our office in Jávea and the associated office in Dénia we work across the northern Costa Blanca: Jávea, Dénia, Moraira, Teulada, Benitachell, Benissa, Calpe and Altea. Tomas Ballestero Lawyers has advised international clients on Spanish property for more than 30 years. We work in English, French or Spanish.

The lawyers who will handle your matter

José Manuel Tomas

Property, 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

Property, Inheritance and Donations · Valencia Bar no. 7773

Juan Poch

Property, Inheritance and Donations · Alicante Bar no. 3607

María Salvá

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

Antonio Rodríguez de Sola

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

Selling a property? See selling a property in Spain as a non-resident.

How we meetIn person in Jávea, or remotely

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

Remotely, 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 case 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.