Note
Buying property in Spain with a power of attorney
Quick answer
A power of attorney lets a trusted person sign the deed for you. The notary checks the attorney’s authority, so the power must be valid and specific. You can sign it before a Spanish notary or abroad with the formalities required. Limit the powers, the time and the property, and keep copies.
Applies toBuyers who cannot attend the signing and want a lawyer or other person to sign for them.
On this page: 8 sections
§ 1Why use one
Many foreign buyers cannot be in Spain on the date of the signing. A power of attorney, poder, lets another person sign the deed in their name. It saves a trip and gives flexibility on dates. It also gives another person power over your money and your property, so it should be drafted with care. This page belongs with the chapter in completion and the deed in detail.
§ 2The notary’s check
When a party is represented, the notary checks the authority of the attorney. The power must be valid, current and sufficient for the act, and it must cover the powers needed, such as to buy, to set the price, to pay, to sign the deed and to deal with the taxes. A vague or incomplete power can stop the signing. Ask the notary’s office to review the text before you sign it.
§ 3What it should say
The power should identify you and the attorney by name and identity number, describe the property or the type of purchase, and list the powers granted. It should set limits: a maximum price, a validity period, and the acts that are authorised. It should say whether the attorney may mortgage the property, and you should give that power only if you need it. A general power over all your affairs is not advisable.
§ 4Signing abroad
You may sign the power before a Spanish notary during a visit, or abroad before a local notary or a Spanish consul. The notary or consul will advise on the formalities. A power signed before a foreign notary usually needs to be legalised or apostilled and translated into Spanish by a sworn translator, as explained in the chapter on professionals. Allow time, and ask your Spanish lawyer which route the notary in Spain will accept.
§ 5Managing the risk
Choose the attorney with care. Keep the powers narrow, set an end date, and ask for the draft deed and a copy of everything signed. Keep control of the money: pay the price by bank transfer from your own account, not through the attorney. Ask the attorney for a final report. These steps keep the arrangement safe.
§ 6NIE and tax
The attorney can usually also apply for your NIE and file tax returns if the power says so expressly. Keep the powers for each task separate if possible. The NIE rules are covered in their own chapter.
§ 7Ending the power
When the purchase is complete, revoke the power in writing, notify the attorney, and ask the notary to record the revocation. If you keep the power for later steps, such as registration, say so and set a limit. The other route, signing yourself from a distance, is explained in signing from abroad explained.
§ 8More on this topic
More on completion day explains what happens at the notary and registration explained explains registering the deed and why it matters.
FAQRelated questions
Who should I name as attorney?
Someone you trust, usually your independent lawyer. Avoid naming a person linked to the seller or the agent. Make the power specific to this purchase, with a limit on price and property, and ask for a copy of everything signed in your name.
How do I sign the power from abroad?
Before a notary or consul, following the requirements the Spanish notary will accept. Foreign documents may need an apostille and a sworn translation. Ask your Spanish lawyer for the wording and the formalities before you sign anything.
Can I cancel it?
Yes, you can revoke a power of attorney, but you must tell the attorney and the people relying on it. Revoke it in writing and, if it was registered with a notary, ask the notary to record the revocation. Do it as soon as the purpose is over.
Sources
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Ministerio de Asuntos Exteriores: Sworn translators and interpreters (official source, opens in a new window), The official list and the status of sworn translationsLast checked 17 October 2026
- Colegio de Registradores de España: Cómo comprar una vivienda en España (edición revisada, February 2020) (official source, opens in a new window), The five steps, nota simple, taxes and costsLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.