The notarised power of attorney: advantages in Spain

A notarised power of attorney (in Spanish: Poder Notarial) is an official, legal instrument by which you give a legal representative the authority to carry out property transactions and administrative actions in Spain on your behalf.

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Without being physically present in Spain, you can safely have complex processes such as the purchase deed, mortgage applications or tax settlements carried out via this route. For foreign investors, this is the most efficient method to avoid bureaucratic delays.

What exactly does a notarised power of attorney entail?

A notarised power of attorney is a strictly formal document that your representative - such as the legal team of Confianz - authorises you to act on your behalf. The scope of this power of attorney is specifically delineated in the text.

In the context of Spanish property, this generally covers:

• Signing the deed of purchase (Escritura de Compraventa).

• Settling estates or real estate gifts

• Applying for your Spanish tax number (NIE number).

• The incorporation of companies.

• Applying for a rental licence.

Expert Insight: "In more than 85% of our files involving non-residents buying property in Spain, a power of attorney is used. It eliminates the risk of a deal falling through due to unforeseen travel restrictions or agenda conflicts."

Why is a power of attorney (almost) indispensable?

There are two overriding reasons why we recommend a power of attorney as standard purchase procedure.

1. Flexibility in Planning

Spanish notaries work with different timelines than you are used to in Belgium or the Netherlands. The final date for the execution of the deed is often not set until 10 days before the deadline officially confirmed.

• The problem: It is logistically and financially impractical to book last-minute flight tickets and arrange leave.

• The solution: A power of attorney allows the deed to be passed on the date chosen by the notary, without requiring your physical presence.

Read more about the notary's duties in Spain.

2. Administrative Efficiency (Post-Acquisition)

The purchase does not stop at the notary. After signing, various time-consuming formalities follow that often require physical presence at Spanish counters.

With a power of attorney, your representative also handles these matters:

• Transfer of contracts for water and electricity.

• Retrieval of bank guarantees.

• Joining the owners' association (Comunidad de Propietarios).

Tip for Buyers: Always ask your broker for a current video tour just before signing if you use a power of attorney. This way, you verify the condition of the property remotely.

How do you arrange a notarised power of attorney? (3 Options)

There are three ways to draft a valid power of attorney. The choice depends on your current location and budget. In all cases, Confianz prepares the legal text (in Spanish) for you.

Comparison table Proxy Options

*Costs including legalisation (Apostille).

Detailing the options:

1. At the Spanish Notary (Most Efficient):

   You sign the power of attorney while you are in Spain, for example immediately after finding the property and signing the reservation contract. This is the cheapest and fastest method.

2. At the Spanish Consulate:

   The Spanish Consul has notarial authority. You do not need to go to Spain, but the administrative processing time is longer. You need to make an appointment in advance and provide documents correctly. This is the slowest option (months).

3.  At a Swedish notary (new):
   We organise an online appointment with a Swedish notary in English. This is fast option and the cost is limited to around 350 euros.
4. At your own notary in Belgium/Netherlands:

   If you cannot travel, sign at your local notary. In Belgium, this can also be done online. Note: This document is only valid in Spain after legalisation through The Hague Apostille and often requires a sworn translation. This makes it the most expensive option.

Running out of time? The "Mandato Verbal" as an emergency solution

If the deed date is fixed and there is no time left to arrange a formal power of attorney (usually taking several weeks), the law offers an alternative: the Mandato Verbal (oral mandate).

Hereby, your lawyer or representative verbally declares to be mandated to sign on your behalf.

• Crucial condition: You should submit a instrument of ratification sign at a notary (in Spain or Belgium) to make the purchase legally valid. Without this ratification, the purchase will not be registered in the property register.

Read more about a mandato verbal.

Frequently asked questions (FAQ)

Is it safe to give a notarised power of attorney to a third party?

Yes, provided you are working with a regulated law firm or legal adviser. A notarised power of attorney is never unlimited; the text specifically sets out what the proxy may and may not do (for example, "only for the purchase of property X"). Moreover, you can revoke the power of attorney at any time.

Does a Spanish notarised power of attorney expire?

In principle, a power of attorney is valid indefinitely unless it contains a specific end date or until the principal dies or revokes the power of attorney.

Can I sign a power of attorney in Dutch for use in Spain?

No, the final power of attorney used in Spain must be in Spanish. If you sign in Belgium, the power of attorney is often bilingual (double column), or a certified translation must be attached to it to be accepted by the Spanish property registry.

About the author: Glenn Janssens is a lawyer specialising in Spanish real estate transactions and tax regulations. Since 2017, he has been helping Belgian and Dutch individuals and entrepreneurs safely purchase and structure real estate in Spain. He guides files from A to Z: from due diligence, ownership and tax control to estate planning and optimisation for residents and non-residents. Thanks to his years of experience, hundreds of handled files and focus on transparent communication, Glenn makes complex Spanish legislation understandable and practically applicable for every property buyer.