Power of attorney in Spain: buying remotely by proxy
A poder notarial (notarised power of attorney) enables you to buy a property in Spain without having to travel there: your authorised representative – in practice, your solicitor – signs the escritura on your behalf. If drawn up in France or Belgium, it must be bilingual or translated by a sworn translator
and bear the Hague Apostille
; if drawn up by a Spanish notary or at the Spanish consulate, this is not required. It is advisable to opt for a ‘poder especial’ (special power of attorney)
limited to the specific transaction. Indicative cost in 2026: €150 to €400
at a French or Belgian notary plus the apostille, or €60 to €120
at a Spanish notary.
Updated in September 2026 — data verified on that date.
Notarial power of attorney in Spain: buying property remotely using a power of attorney
The escritura is scheduled for a Tuesday in November in Marbella, but you’re in Lyon or Liège. Fly for a twenty-minute signing? Most foreign buyers, accompanied by a solicitor, sign by power of attorney, from obtaining the NIE to registration in the land registry.
In our guide to the property purchase process in Spain, the power of attorney features right from the first step, because it determines the timetable: an apostilled power of attorney takes one to three weeks to process from France or Belgium.
What is a ‘poder notarial’ (notarised power of attorney)?
A poder notarial is an authentic instrument by which the poderdante (principal) authorises the apoderado (agent) to act on their behalf in relation to specific legal acts. For a property purchase, the notarised form is mandatory: Article 1280 of the Código Civil requires an ‘escritura pública’ for any power of attorney relating to a deed that is itself notarised, such as the ‘compraventa’ of a property.
The agent signs, but you remain the buyer: the property is registered in your name and the agent cannot act beyond the powers listed. The content therefore matters more than where it is signed.
When should you use a power of attorney to make a purchase?
A power of attorney is required whenever a signature before a notary or an official procedure must take place in your absence: the deed of sale on a date when you are unable to attend; an application for an NIE submitted by your solicitor; opening a bank account; signing a Spanish mortgage, which requires two visits to the notary ten days apart; payment of the ITP (Form 600) and registration with the Registro de la Propiedad.
The ‘contrato de arras’, a private contract, is signed remotely without a power of attorney. A couple signs two powers of attorney or a joint power of attorney.
The two types of power of attorney: general vs special
A general power of attorney authorises all acts of administration and disposal of your entire estate; a special power of attorney limits the mandate to a specific transaction. For a purchase, the special power of attorney ‘para comprar’ is the right choice: clearly identified property or maximum price, powers listed one by one, valid for 6 to 12 months. A general power of attorney also allows you to sell, mortgage and borrow without restriction; it is only justified for long-term asset management.
Haven’t chosen a property yet? A ‘poder especial’ can cover ‘any property situated in the province of Málaga for a maximum price of X euros’: flexibility without an unlimited mandate.
Mandatory content of a power of attorney for a property purchase
A power of attorney for a purchase must expressly list each authorisation; anything not included cannot be carried out. The Spanish notary checks that the power of attorney is adequate for the deed (juicio de suficiencia, Article 98 of Law 24/2001) and will refuse to sign if any authorisation is missing. Your solicitor drafts the draft power of attorney in Spanish, which is then finalised by the French or Belgian notary.
Name, passport number, NIE (if obtained), address, matrimonial property regime.
Property identified or maximum price; applying for a NIE, opening bank accounts, signing the deposit agreement, arranging utility connections.
With maximum amount; without this option, no loan agreement.
Settle taxes (Form 600), register with the Land Registry, rectify any errors; period of validity, prohibition on sub-delegation.
Have the power of attorney drawn up in France or Belgium
The power of attorney may be signed before your usual notary in France or Belgium, then made valid in Spain by means of an apostille. The notary receives the deed in two columns, French and Spanish, based on the draft drawn up by your Spanish solicitor; expect fees of €150 to €400 (indicative figure 2026). A power of attorney drawn up in French only must be translated by a sworn translator (traductor jurado) accredited by the Spanish Ministry of Foreign Affairs, at a cost of €40 to €80 per page (indicative figure).
Alternative route: the Spanish consulate. The consul acts as a Spanish notary: a power of attorney signed at the Spanish Consulate-General in Paris (or Brussels) is drawn up directly in Spanish, without the need for an apostille or translation, for a fee of €24 to €42. Drawbacks: documents must be sent by post; appointments are several weeks away; jurisdiction is limited to residents of the consular district.
The Hague Apostille: an essential step
The apostille is the certificate provided for by the Hague Convention of 5 October 1961, which authenticates the signature of the foreign notary. France, Belgium and Spain are signatories to the Convention: no consular legalisation is required, but without an apostille the Spanish notary will refuse to accept the power of attorney. In France, since 1 May 2025, the apostille centres of the Regional Councils of Notaries have been issuing it (€24 per document, taking approximately 3 working days via apostille.notaires.fr). In Belgium, the apostille has been exclusively electronic since 2018; it is requested by the notary and is generally issued within 48 hours.
The Spanish notary then assesses the equivalence of the functions (resolution of the Directorate-General for Legal Security and Public Trust of 19 November 2020, Official State Gazette of 7 December 2020). Miguel Prieto Escudero, a notary, describes on his blog Justito El Notario what he expects: the ‘first authorised copy of the aforementioned special power of attorney, duly translated into Spanish and apostilled’. None of these three conditions is negotiable.
Having the power of attorney drawn up in Spain
Signing the power of attorney at a Spanish notary’s office during a site-inspection visit is the simplest and cheapest solution: €60 to €120 (indicative figure for 2026), the deed is drawn up in Spanish, without an apostille or translation, in thirty minutes, with an interpreter or a bilingual deed if you do not speak Spanish. Many buyers accompanied by NOMA sign their power of attorney on the last day of a viewing trip; the Property Check 360° then takes over on site.
Who should you entrust the power of attorney to? A solicitor, estate agent or a relative
The power of attorney should be entrusted to someone with no vested interest in the sale and who is available in Málaga: in practice, your independent solicitor. The seller’s estate agent is not suitable, as they are paid by the other party; a relative residing in Spain is an option if they understand the deed and can be contacted. NOMA, the buyer’s agent, prepares the draft contract with your solicitor and attends the signing; the NOMA method is based on this division of roles: the solicitor signs, NOMA verifies.
A power of attorney granted to a person who also collects the funds poses a risk of misappropriation: the purchase price must pass through a solicitor’s client account or be paid by bank cheque handed over in the presence of the notary, never through the agent’s account.
Cost and time taken to obtain
| Place of signing | Indicative cost for 2026 | Apostille / translation | Total processing time |
|---|---|---|---|
| Spanish notary | €60–120 | None | Same day |
| Spanish Consulate (Paris, Brussels) | €24–42 | None | 3 to 8 weeks (by appointment) |
| French notary + apostille | €150–400 + €24 | Apostille; translation if in one language only | 1 to 3 weeks |
| Belgian notary + e-apostille | €150–400 + SPF fees | e-apostille; translation if the document is in a single language | 1 to 2 weeks |
The Spanish notary requires the original apostilled document, not a scan: allow for postal delivery. Initiate the power of attorney as soon as the deposit is signed, when the date of the deed is set for 30 to 90 days later.
Revoking a power of attorney: a guide
A power of attorney may be revoked at any time by means of a ‘escritura de revocación’ signed before any notary, in Spain or abroad (with an apostille). According to the Consejo General del Notariado, the notary must notify the attorney-in-fact, request the authenticated copy and inform the original notary to prevent the issue of a new copy. The power of attorney also ceases upon the expiry of its term, the completion of the transaction or the death of the principal (Article 1732 of the Código Civil): a six-month special power of attorney does not need to be revoked.
Notarial power of attorney in Spain: your questions
Is it possible to buy property in Spain without travelling there at all?
Yes. With a notarised power of attorney granted to a solicitor, the NIE, bank account, deposit, title deed, taxes and registration with the land registry can all be sorted without you being present. The only thing that needs to be done in person is the viewing, either by you or by an agent acting on your behalf.
Who should you grant the power of attorney to?
Ideally, to your independent property solicitor in Spain, who will sign the deed and handle the formalities. Avoid the estate agent, who also represents the seller, and anyone who handles the funds.
Does the power of attorney have to be in Spanish?
Yes, the Spanish notary requires a Spanish version. If drawn up in France or Belgium, the power of attorney is recorded as a bilingual document in your solicitor’s draft, or translated by a sworn translator and then apostilled. If drawn up by a Spanish notary or at the Spanish consulate, it is in Spanish and does not require an apostille.
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