Notaries and powers of attorney
You will know when you need a notary, what it costs, how to give someone power to act for you and how to control it.
Spanish paperwork often needs a notary (notario). This topic covers what a notary does, what one costs, how to get certified copies of your documents, and how to give someone a power of attorney to act for you, including when you sign from abroad. It also explains sworn statements and notarised…
Pick the article that fits your situation
What a Spanish notary (notario) does and when you need one
Explains what a Spanish notario does, which acts must go through one, how you pick one and how fees work. For newcomers who are buying property, taking a mortgage, setting up a company or making a will in Spain.
What a Spanish notary actually costs
Explains how Spanish notary fees are worked out and how to budget for a power of attorney, copies and signature certifications. For newcomers who need a notary and want to know the total before they sign.
Getting certified copies of your documents in Spain
Explains the three kinds of certified copy in Spain (administrative, notarial and electronic), who issues each, and when an office will accept a simple photocopy instead. For anyone preparing documents for a Spanish procedure.
Giving someone in Spain a power of attorney (poder notarial)
How to give someone in Spain legal authority to act for you: the difference between a general and a special power, what wording banks, tax offices and property deals expect, and how to sign one before a Spanish notary. For anyone who cannot be in Spain in person.
Signing a power of attorney for Spain from abroad
How to sign a power of attorney for use in Spain while you live abroad: the two main routes, the order of steps for a local notary, and why Spanish banks may still refuse it. For anyone who cannot travel to Spain.
Choosing, limiting and revoking a Spanish power of attorney
How to put limits on a Spanish power of attorney by scope, amount, time and number of attorneys, and how to cancel it properly. For anyone who is about to grant a power or wants to take one back.
Sworn statements and notarised signatures for Spanish use (legitimación de firma)
Explains the difference between a declaración responsable, a notarised signature and a full notarial document, and how to prepare a foreign affidavit so a Spanish office is likely to accept it. For anyone who must give a Spanish office a signed statement.
About this topic
It is for anyone considering, planning or carrying out a move to Spain. You will know when you need a notary, what it costs, how to give someone power to act for you and how to keep control of that power.
Start with "What a Spanish notary (notario) does and when you need one". It shows which of your tasks need a notary and which do not, and it points you to the page for each one.
Incapacity planning, wills and interpreter rights are not covered here.
Key rules
- VAT on fees: VAT of 21% is added to notary fees.
- Power validity: A Spanish power of attorney has no expiry unless the deed sets an end date, so it stays valid until you revoke it.
- Selling or mortgaging: A general power covers only day-to-day administration, so selling, mortgaging or donating needs express powers written into the deed.
- Property and mortgages: A property sale and a mortgage both need a notarial deed.
- Rental contracts: A rental contract does not need a notario, but you should have it in writing.
- Routine procedures: For most state administration procedures, show the original and the office issues the authentic copy, so you do not need a notary.
Documents you may need
Identity and residence
- Your passport or ID and your NIE — Giving someone in Spain a power of attorney (poder notarial)
Translations and legal papers
- The notary's copy
- An apostille — Getting certified copies of your documents in Spain, Signing a power of attorney for Spain from abroad
- Sworn translation — Signing a power of attorney for Spain from abroad, Sworn statements and notarised signatures for Spanish use (legitimación de firma)
- A notarial copy — Getting certified copies of your documents in Spain
Other documents
- The original document — What a Spanish notary actually costs, Getting certified copies of your documents in Spain
- The authorised copy — Giving someone in Spain a power of attorney (poder notarial)
- Declaración responsable — Sworn statements and notarised signatures for Spanish use (legitimación de firma)
- Power of attorney signed before a Spanish consul abroad — Signing a power of attorney for Spain from abroad
- Signature legitimation — Sworn statements and notarised signatures for Spanish use (legitimación de firma)
- Foreign affidavit or statutory declaration — Sworn statements and notarised signatures for Spanish use (legitimación de firma)
Notaries and powers of attorney: questions that cross several articles
Which acts need a notarial deed and which do not?
A notarial deed is needed to buy or sell property, to take out a mortgage, to set up a limited company and to make a will other than a handwritten one. Powers of attorney used for property deals or registration also need one. Rental contracts, employment contracts and most simple powers do not. Read "What a Spanish notary (notario) does and when you need one" first, then "Giving someone in Spain a power of attorney (poder notarial)".
Can I still get a stamped photocopy (compulsa) of my documents?
No, in dealings with the state administration the compulsa has been replaced by an authentic copy that the office issues itself from the original you show. Notaries can still certify copies, and some regional or private bodies may still ask for them. See "Getting certified copies of your documents in Spain", and "What a Spanish notary actually costs" for the price of a notarised copy.
Is a notarised signature the same as a notarial deed?
No, a notarised signature (legitimación de firma) only confirms that the signature is genuine and that the signer's identity was checked. It says nothing about whether the content is true or legal. Some offices want only this, others want a full deed, so ask the receiving office.
Can a Spanish consulate legitimise my signature if I live abroad?
Yes, Spanish consuls abroad can legitimise signatures for use in Spain. See Signing a power of attorney for Spain from abroad.
How much does a power of attorney cost at the notary?
A power of attorney is usually a modest cost, in the range of tens of euros. The exact amount depends on the number of pages and copies, so ask the notary for a quote. "What a Spanish notary actually costs" explains how fees are set, and "Giving someone in Spain a power of attorney (poder notarial)" covers what to ask for.
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