Completing a Spanish purchase from abroad with power of attorney

Terms used

• Poder — The poder is a power of attorney: a document that lets another person act and sign for you.
• Escritura pública — The escritura pública is a deed signed before a notary, which gives a document official legal force.
• Traducción jurada — The traducción jurada is a sworn translation by a translator appointed by the Ministry of Foreign Affairs.
• Registro de Poderes — The Registro de Poderes is the central index of powers of attorney kept by the General Council of Notaries.

Key rules

• Form: The power must be a public deed signed before a notary.
• Narrow scope: A special power naming the property, a maximum price and payment terms limits what your representative can do.
• Consulate: A power signed at a Spanish consulate abroad needs no apostille.
• Foreign notary: A power from a foreign notary needs an apostille or consular legalisation, and a translation if not in Spanish.

Can you buy without being there?

Yes. You can complete remotely through a representative who signs for you under a poder (power of attorney). You can sign the poder in Spain or abroad, as long as it meets the right formalities. Keep it narrow, because your representative can bind you to a large purchase.

What kind of power you need

The poder must be a public deed (escritura pública) signed before a notary. It can be general or special. For one purchase, a special power is the usual choice. It can name the property, set a maximum price, and fix the payment terms and any mortgage conditions. You decide how far it goes, and the notary checks that it covers the act being signed. The choice between the two is laid out in the decision below.

Where to sign it

You have three options:

• Before a Spanish notary. Useful if you will be in Spain at any point before completion.
• At a Spanish consulate abroad. The result is a Spanish deed, so you need no apostille or legalisation.
• Before a notary in your own country. The power must meet Spanish formal requirements, and the Spanish notary checks that the foreign form is equivalent to a Spanish public deed.

Legalisation and translation

If a foreign notary issued the power, it needs an apostille when your country is part of the Hague Convention. Countries outside the Convention need consular legalisation, unless a bilateral treaty exempts them.

If the power is in a foreign language, it needs a translation. The Spanish notary may translate it if they know the language. Otherwise you need a sworn translation (traducción jurada) by a translator appointed by the Ministry of Foreign Affairs. The notary decides which applies, so ask before you pay for a translation.

How to limit the risk

• Add an expiry date. The power then ends if the purchase does not go ahead.
• Choose someone you trust. The notary checks your representative's identity, but not their honesty.
• Revoke if needed. You can cancel the power at any time before a notary.

On signing day the notary checks that the power is valid and in force. A central index of powers, the Registro de Poderes, helps with that check. The deed must also state that your representative acts in your name. Ask the Spanish notary to confirm in advance that your power covers the purchase.

The documents and checklist below list what to prepare.

Choosing between options

Should you give your representative a special power for this purchase or a general power?

• Special power for one purchase: You want to limit risk. It names the property, a maximum price, the payment terms and any mortgage conditions, and you can add an expiry date.

• General power: You need your representative to handle many matters over time. It gives them wider authority, so the risk of misuse is higher.

Choose the special power if the purchase is a single one: the narrower the power, the less your representative can do beyond what you agreed.

Documents you need

• A power of attorney (poder) in a public deed before a notary. It can be a special power for one purchase, naming the property, a maximum price, the payment terms and any mortgage conditions.

• If a notary in another country issued the power: an apostille if that country is part of the Hague Convention, or consular legalisation if it is not, unless a treaty exempts it. A power signed at a Spanish consulate needs neither.

• If the power is in a foreign language: a translation. The Spanish notary may do it if they know the language. Otherwise you need a sworn translation (traducción jurada) by a translator appointed by the Ministry of Foreign Affairs.

Checklist

• Ask for a special power of attorney that names the property, a maximum price and the payment terms.

• Set an expiry date in the power so it ends if the purchase does not go ahead.

• Sign the power in a public deed before a notary, or at a Spanish consulate abroad.

• Get an apostille, or consular legalisation if your country is not in the Hague Convention, when a foreign notary signed the power.

• Make sure the deed states that your representative acts in your name.

Frequently asked questions

Can I sign the power of attorney at a Spanish consulate?

Yes, you can sign it at a Spanish consulate abroad, and it counts as a Spanish deed, so it needs no apostille. This avoids the legalisation steps that a foreign notary's power needs.

Who decides whether my foreign-language power needs a sworn translation?

The Spanish notary decides whether you need a sworn translation. If the notary knows the language, they may translate it themselves.

Can I cancel the power of attorney if I change my mind?

Yes, you can revoke the power at any time before a notary. Do it before the signing day, because on the day the notary checks that the power is still in force.

How can the notary check that my power of attorney is real?

The notary checks that the power is valid and in force on the day, and checks your representative's identity.