- A poder notarial is a power of attorney signed before a notary. Spanish notaries and registries accept only notarial powers for property deeds.
- Choose specific (one purchase) rather than general where you can.
- Signed abroad: local notary + Hague apostille, plus a sworn translation if not bilingual.
- Or sign at a Spanish consulate: no apostille needed.
- Revoke it with a notarial revocation deed once you're done.
Why buyers use one
Buying in Spain involves several appointments that need you in person: the NIE application, opening a bank account, signing the deed at the notary, and sometimes signing a mortgage. If you live in the UK, Ireland or the US, flying in for each one is costly. With a power of attorney, your lawyer or someone you trust can attend and sign for you.
A Spanish notary will only accept a power granted in a public document. A simple signed letter, or a UK lasting power of attorney designed for health and finance, won't do.
General vs specific
| General power (poder general) | Specific power (poder especial) | |
|---|---|---|
| Scope | Almost any act: buy, sell, mortgage, manage accounts | Named acts, e.g. buy one identified property and get an NIE |
| Convenience | Covers surprises | May need a new power if plans change |
| Risk | High if misused | Limited to what you wrote |
For a purchase, a common approach is a specific power listing: applying for your NIE, opening a Spanish bank account, signing the arras contract, signing the deed for a named property (address or referencia catastral) up to a maximum price, paying taxes, and dealing with utilities. If you're taking a Spanish mortgage, the power must expressly cover it; banks often have their own wording requirements.
Where to sign it
Option 1: at a Spanish notary
If you're in Spain anyway, for a viewing trip, say, this is the simplest. The document is in Spanish, often with an English translation side by side. Bring your passport and NIE if you have one.
Option 2: at a Spanish consulate
Spanish consulates can act as notaries for Spanish-law documents. The power is in Spanish and ready to use, with no apostille. Appointments can be limited, so book early.
Option 3: at a notary in the UK or US
- Your Spanish lawyer drafts the text, usually bilingual Spanish/English.
- You sign before a notary public at home. In England and Wales these are specialist notaries, not solicitors generally. In the US, a notary public in your state.
- The document gets a Hague apostille. In the UK this comes from the FCDO Legalisation Office. In the US, from the Secretary of State of the state where it was notarised. Spain, the UK, Ireland and the US are all parties to the Apostille Convention.
- If the document isn't bilingual, it needs a sworn translation (traducción jurada) into Spanish in Spain.
- The original is couriered to Spain. The Spanish notary checks it's sufficient before the signing date.
Using it for the purchase and NIE
On completion day your attorney signs the deed in your name and the notary records the power in it. For the NIE, police offices and consulates vary in what they accept from representatives; some require a certified copy of your passport as well. Your lawyer should confirm with the specific office.
Revoking it
A power stays valid until it's revoked, the attorney or grantor dies, or its own terms end it. When the purchase is finished, or if you lose trust in the attorney, sign a revocation (revocación de poder) before a notary, in Spain or abroad with the same apostille route. Ask the notary to notify the one who authorised the original, and tell the attorney, your bank and anyone else who has a copy. Some buyers include an expiry date in the power itself.
Risks
- Misuse. A broad power lets the holder sell, mortgage or empty accounts. You rely entirely on their honesty.
- Conflicts of interest. Don't give a power to the seller's agent or the developer. It should go to someone who acts only for you.
- Forgotten powers. An unrevoked general power can still be used years later.
Keep it specific, time-limited and in the hands of your own independent lawyer. And before anyone signs for you, you can ask us to look at the property: enter the address in our free property check and we'll get back to you by email.
Questions
Can I sign a Spanish power of attorney in the UK?
Yes. Sign it before a UK notary public, then get an apostille from the FCDO Legalisation Office. The Spanish notary may also need a sworn translation. Alternatively, sign it at a Spanish consulate, where no apostille is needed.
Should I give a general or a specific power of attorney?
For a single purchase, a specific power limited to that property and those acts is safer. A general power lets the attorney do almost anything with your affairs in Spain.
How do I revoke a power of attorney in Spain?
Sign a revocation deed before a notary. It should be notified to the notary who authorised the original, and ideally to the attorney and anyone who relies on it, such as your bank.