A power of attorney for property in Spain allows a buyer, seller or heir to complete a transaction without being physically present in Spain. For international clients who own or are acquiring property in Mallorca, it is often the most practical way to sign deeds, open bank accounts, pay taxes and manage formalities when timetables do not allow travel. Raso Investments drafts powers of attorney tailored to each transaction, advises on how to grant them abroad and acts on our clients’ behalf under them.
A power of attorney is a significant document. It authorises another person to act in your name, often in relation to assets of high value. It should therefore be limited to what is genuinely needed and drafted so that Spanish notaries, registries and banks accept it without objection.
How a power of attorney for property in Spain works
For property transactions, Spanish law requires powers granted in a public document, normally a notarial deed. The notary who authorises the purchase or sale will examine the power and confirm that it is sufficient for the specific act; if the power does not expressly cover the act, the transaction cannot proceed. This is why generic templates often fail.
A power can be granted in three ways:
- Before a Spanish notary, if you are in Spain at any point before the transaction.
- Before a Spanish consulate in your country of residence, which acts as a Spanish notary.
- Before a local notary abroad. In this case, the document normally needs the apostille under the Hague Convention of 1961, or other legalisation if the country is not a party, and a translation into Spanish if it is not already bilingual. The Spanish notary will also check that the foreign document is equivalent to a Spanish public deed.
We prepare bilingual drafts that the foreign notary can use directly, which reduces the need for later translation and helps the Spanish notary to assess the document.
What the power should cover
The content depends on the transaction. For a purchase, it usually includes:
- Applying for the NIE where appropriate and opening a Spanish bank account.
- Signing reservation and private purchase contracts, paying deposits and agreeing the price.
- Signing the deed of purchase, with authority to pay the price and accept any mortgage or loan.
- Paying taxes and fees, filing tax returns and registering the property.
- Arranging utilities, local taxes and community of owners matters.
For a sale, the power should include authority to sell, set or accept the price, receive payment, cancel mortgages, deal with the withholding and tax returns, and sign the deed. Our page on selling property in Spain as a non-resident explains those tax steps. For an inheritance, the power should cover acceptance and allocation of the estate and the related tax filings; see our page on Spanish wills and probate for foreigners.
How we work
We draft the power for the specific transaction, adapt it to the requirements of the country where it will be signed, and indicate which formalities are needed afterwards. Once the document reaches Spain, we review it with the notary in advance so that any issue can be corrected before the completion date. We act on our clients’ behalf under the power and report to them in writing at each step, so that they keep full control of the transaction. The legal checks we carry out on a purchase are explained on our page on buying property in Mallorca.
Common risks and mistakes
- Using a generic power that does not expressly include the specific acts, which the Spanish notary will reject.
- Forgetting the apostille or the translation, which delays completion.
- Granting a power that is broader than necessary, or without a time limit, for a single transaction.
- Not authorising the representative to act when there is a potential conflict of interest, where that authority is needed.
- Not revoking the power once the transaction is completed, when that is the intention, or not informing the representative of a revocation.
Tax and practical aspects
A power of attorney does not change the tax position of the person granting it. The buyer or seller remains responsible for the taxes arising from the transaction, and the representative simply carries out the formalities on their behalf. Where the person granting the power is non-resident, the tax procedures explained on our pages on non-resident tax and on selling property still apply. Every case is reviewed individually.
When the representative is a professional, it is good practice to agree in writing the scope of the instructions, the transaction to which the power relates and how funds will be handled. Payments to the seller or from the buyer should be made through bank accounts identified in advance, and the representative should report each step. These precautions protect both the person granting the power and the representative, and give banks and notaries the reassurance they need to complete the transaction smoothly.
Where several people own the property together, each co-owner must grant a power or attend the signature personally, and the powers should be coordinated so that all of them cover the same acts.
Frequently asked questions
Can I buy property in Spain without travelling there?
Yes. With a suitable power of attorney, the entire purchase can be completed on your behalf, including the signature of the deed.
How long does a power of attorney take to prepare?
Drafting is usually quick. The time depends mainly on the availability of the notary abroad and on obtaining the apostille in your country.
Is a power of attorney from my home country valid in Spain?
Generally yes, if it is granted before a notary, apostilled or legalised and translated, and if it is sufficient for the specific act.
Can I revoke the power?
Yes. A power can be revoked at any time by a new notarial deed. The representative and, where relevant, third parties should be informed.
Next steps
If you need a power of attorney for a property transaction in Spain, write to info@raso.law. Describe the transaction and the property, the country where you will sign, and the acts you wish to authorise. We will review your case individually and reply in writing.