Buying in Spain without travelling: power of attorney

What a power of attorney is, and the types

The Spanish notaries’ council describes a power as “a public document authorised by a notary that lets a person or company appoint another as representative to act on their behalf in certain legal acts”. The representative must prove their capacity by showing the authorised copy of the power. It can be general, delegating a very wide range of acts, or limited to one act. The notaries’ page notes that there are as many possible set-ups as there are acts, and advises asking the notary which fits. It also says the grantor can revoke it at any time by asking for the authorised copy back, and that if the representative refuses, a notarial revocation is needed, with notice served on the representative.

The London consulate’s guidance on inheritance is useful for any purchase: do not grant general powers or powers to sell until you are clear what is involved and what it will cost, and be wary of agents who ask for very wide powers. For a purchase, a power limited to the specific act and property is easier to control. The consulate also stresses that it cannot recommend an agent.

Route 1: a Spanish consulate

Spanish consulates have a notarial section. The Regulation of 1944, annex three, gives Spanish diplomats and consuls the exercise of the public faith abroad. The London consulate’s FAQ says:

• You cannot sign a purchase or sale at its notarial section. You can sign a power for a representative in Spain who does it.
• A power signed at the consulate is meant for use in Spain: it has no validity in the United Kingdom, and the consulate cannot grant a power for goods in another country.
• After collecting it, you must send it to your representative in Spain.
• You need a valid passport or national ID document; photocopies and expired documents are not accepted.

Other consulates, including those in Canada and the United States, were not read for this guide; read the notarial page of the consulate that serves your address. The consular route avoids the apostille and the translation, which is its main advantage.

Route 2: a notary in your country, with an apostille

Spanish notaries’ guidance states that a power granted before a foreign notary is valid in Spain once complemented by a “legalisation or apostille”. The London consulate adds that:

• a broad power granted before a British notary, to act in both countries, can be used in Spain if it has the Hague Convention apostille and is translated by an official translator of the country where it will be used;
• a power from a British notary meant only for use in Spain also needs the apostille.

The Reglamento Notarial (article 269) confirms that apostille legalisation under the 1961 Hague Convention is accepted, and article 212 provides for foreign public documents, once legalised, to be filed in a Spanish notary’s protocol. If a document is in another language, the notary may translate it himself if he knows the language, or ask for a translation or an interpreter (article 150).

Which countries use the apostille?

The HCCH status table (last updated 30 June 2026) shows that the United Kingdom is a party (in force from 24 January 1965), Spain since 25 September 1978, the United States since 15 October 1981 and Canada. Canada acceded on 12 May 2023 and the Convention came into force there on 11 January 2024, as the HCCH table and Global Affairs Canada’s statement both say. Global Affairs Canada’s requirements page adds that the old red authentication stamp is no longer accepted in countries that are party to the Convention, that you must resubmit a clean copy, and that some provinces issue apostilles themselves for documents issued or notarised in their jurisdiction (Alberta, British Columbia, Ontario, Quebec and Saskatchewan). A document notarised in Alberta, Ontario or Saskatchewan goes to that province’s authority wherever it was issued; in British Columbia and Quebec the provincial authority can authenticate a notarised document only if the original was issued there. Global Affairs Canada handles the rest. For a UK or US document, apply to the competent authority in the country where the document was issued; the sources read do not name it.

Translation and the notary’s checks

The London consulate requires an official translator of the country of use. The FCDO’s buying guide advises having all contracts and documents translated by an independent translator, and points to the Spanish Ministry of Foreign Affairs list of accredited translators. At signing, a notary who knows the language of a foreign party may translate orally and record it, or sign a two-column text if you ask; failing that, an interpreter you appoint is needed (article 150). Where a notary has to assess a document granted abroad, he may require proof of the granter’s capacity and of the formalities of the country concerned (article 168).

What else needs doing from abroad

• NIE. You need a Spanish foreigner’s number for the deed. The FCDO says a buyer outside Spain can request it at a Spanish embassy or consulate in the UK, or through a representative. Each consulate publishes its own procedure and fee; read the page of the consulate that serves your address.
• Mortgage. If you borrow, the borrower or “whoever represents them for this purpose” must appear before a notary for the transparency record at the latest the day before signing (article 15.3 of Ley 5/2019); the record concerns the borrower’s understanding, so ask the notary what a representative may do. See mortgages for non-residents.
• Declaration. For purchases above €500,000, a deed before a Spanish notary means the notary files the investment declaration; see declaring a foreign investment.
• Military zones. The authorisation must be obtained before the deed; see military zones.
• Payment. Check how funds will be wired and recorded in the deed; see cash limits.

Which professional to consult

A notary where you live (for a foreign power), the notarial section of a Spanish consulate, and a lawyer registered with a Spanish bar association (colegio de abogados) who will review the power’s wording are the usual contacts. See property lawyers.