Notarial power of attorney – is it necessary when buying real estate in Spain?

What is a power of attorney and is it necessary when purchasing property in Spain?

Notarial power of attorney – definition

A notarial power of attorney is a formal authorisation of a third party to perform specific legal actions on behalf of the principal. It is a document drawn up by a notary public, which confirms the representative’s right to represent the principal’s interests.

Notarial power of attorney in practice

In the context of purchasing property in Spain, a notarised power of attorney is particularly useful. Buying property involves a lot of paperwork, which may require you to be present in person. For people living abroad, this can be problematic and time-consuming.

Advantages of granting a notarial power of attorney

• Time savings: A representative can represent you in Spain, allowing you to avoid numerous trips and the associated costs.
• Professional service: By working with a reputable law firm, you can be sure that all formalities will be handled in accordance with the law.
• Security: The law firm will look after your interests by checking the property documentation and conducting negotiations on your behalf.

Notarial power of attorney in Spain – when is it needed?

• Property purchase: Granting a notarial power of attorney allows you to complete a property purchase transaction even if you cannot be present in person.
• Signing contracts: Your representative can sign all contracts related to the purchase, such as the preliminary contract and the notarial deed.
• Completing formalities: The representative will take care of all formalities, including obtaining a Foreigner Identification Number (NIE) and opening a bank account.

How to grant a notarial power of attorney?

1. Choosing a law firm: Choose to work with a reputable law firm that has experience in serving foreign clients.
2. Preparing documents: The law firm will prepare the necessary documents and help you draw up a power of attorney.
3. Signing the power of attorney: The document must be signed in the presence of a notary. You can do this in Spain or in your country, and then send the documents to Spain.

Why is it worth using a notarial power of attorney when purchasing property in Spain?

• Comfort and convenience: You can complete the entire property purchase process without having to make frequent visits to Spain.
• Legal certainty: Working with a professional law firm ensures that all actions comply with applicable regulations.
• Protection of interests: Your representative looks after your interests by monitoring the entire purchase process and ensuring that it runs smoothly.

Granting a power of attorney is a practical and secure solution that significantly facilitates the purchase of property in Spain.

Broad and narrow power of attorney

Broad power of attorney

A broad power of attorney authorises solicitors to perform numerous legal actions on behalf of the client. This includes, among other things:

• Signing notarial deeds
• Obtaining a NIE number
• Fiscal representation
• Signing contracts with utility providers
• Representation at the bank
• Establishing a branch or company

Limited power of attorney

A limited power of attorney is granted only in relation to specific legal actions indicated in the power of attorney document.

Authorisation of legal acts

Every legal action taken by the law firm on behalf of the person granting the power of attorney must be authorised in writing, otherwise it is invalid. As a rule, such authorisation is carried out by e-mail.

When should you grant power of attorney?

We advise our clients to establish a notarial power of attorney during the purchase process, before the final notarial deed. This will certainly help the buyer avoid additional stress and delays in the purchase process – in the context of carrying out the necessary procedures related to the purchase.

Existing legal forms of granting power of attorney

Types of powers of attorney

According to the law, a power of attorney may be granted in any form, both in writing and orally.

General power of attorney (Poder General)

A general power of attorney gives the attorney-in-fact a very wide range of powers. It is most often used when the principal needs a person who can represent them in many different matters, such as property management, financial, administrative or legal matters. The content of such a power of attorney is determined in detail with a solicitor, which allows its scope to be tailored to the individual needs of the principal. This gives the attorney-in-fact freedom of action, but at the same time allows them to act within the limits set by the principal.

Customers purchasing property in Spain are primarily interested in the poder – a power of attorney that must be granted by a notary. The procedure can be carried out by Spanish and Polish notaries.

General power of attorney (Poder General para Asuntos Específicos)

A general power of attorney grants the attorney-in-fact the authority to act in a specific group of matters related to a single area of activity, e.g. property management, but does not cover all possible activities. The principal specifies in the document exactly what activities the attorney-in-fact may perform within this group, which ensures flexibility while limiting the risk of abuse.

Special power of attorney (Poder Especial)

A special power of attorney grants the attorney-in-fact the authority to act only in one specific matter. This may be, for example, signing a property purchase agreement or representing the principal in court or before an authority. This type of power of attorney is the most limited and precise, as it concerns a specific action that the attorney-in-fact must perform on behalf of the principal.

Recommended solution

We prefer to grant powers of attorney before a notary in Spain, as we have encountered cases where Polish powers of attorney were not honoured by certain authorities or institutions. Most of our clients also decide to grant a power of attorney before a Spanish notary during one of their visits to Spain.

Power of attorney in Poland

Apostille and translation

If you choose a Polish notary, you must have the notarial power of attorney apostilled at the Ministry of Foreign Affairs, and then have your declaration of intent translated by a sworn translator approved by the Spanish government.

Consular power of attorney

You can also go to the Consul of the Kingdom of Spain in Warsaw, which does not require translation.