Power of attorney in Spain for property purchase: how it works

Types of power of attorney

There are two main types relevant to property purchases:

How to grant a power of attorney

You have two options, depending on whether you can travel to Spain:

• •At a Spanish consulate (in your country): Book an appointment, bring your passport and NIE, and sign before the consul. The document is valid immediately in Spain, with no apostille.
• •At any Spanish notary (in Spain): If you are visiting Spain, you can sign before any notary, who charges on the official fee scale.
• •At a notary in your home country: Possible but more complex. The document must be apostilled (Hague Convention) and translated by a sworn translator, and the Spanish notary will check it is equivalent to a Spanish power.

What the document should authorise

A well-drafted power of attorney for a property purchase should specifically authorise your representative to:

• •Sign the public deed of purchase (escritura de compraventa) for the named property
• •Sign the mortgage deed (escritura de préstamo hipotecario) with the named bank
• •Open a bank account in your name for the transaction
• •Apply for and collect your NIE (if you don't have one yet)
• •Pay all taxes related to the purchase (ITP or VAT/AJD)
• •Register the property in the Land Registry (Registro de la Propiedad)
• •Contract utilities (water, electricity) in your name

Limitations and risks

A power of attorney is a powerful legal document. Important considerations:

• •Choose your representative carefully — they will have legal authority to commit you to a purchase worth hundreds of thousands of euros
• •Use your own lawyer — never grant power of attorney to the seller's lawyer or estate agent. There is an inherent conflict of interest
• •Set clear limits — specify the maximum price, the exact property, and the exact bank for the mortgage
• •Revoke when done — once the transaction is complete, formally revoke the power of attorney at a notary
• •Keep a copy — your representative gets the original, but you should keep a certified copy