Power of Attorney Spain [2026] — Buy Property Remotely

One of the most common questions from international buyers interested in Marbella, Fuengirola or Costa del Sol is: "Do I need to travel to Spain to buy a property?" The answer is no — thanks to the poder notarial (power of attorney), you can complete the entire purchase process remotely.

This guide explains exactly how it works, what it authorises, how to get one in your country and what it costs.

What Is a Power of Attorney (Poder Notarial)?

A poder notarial is a notarised legal document by which you (the principal or poderdante) grant another person (the attorney-in-fact or apoderado) the legal authority to act on your behalf in specific matters.

For Spanish property purchases, a power of attorney typically authorises the holder to:

• ✓Sign the contrato de arras (reservation deposit agreement)
• ✓Attend and sign the escritura pública (notarial deed of purchase) on your behalf
• ✓Open a Spanish bank account in your name
• ✓Pay ITP (transfer tax) and other purchase-related taxes
• ✓Register the property in your name at the Land Registry
• ✓Apply for a NIE on your behalf
• ✓Correspond with Spanish authorities

Why Use a Power of Attorney in Spain?

The most common scenarios:

1. International buyer who cannot travel — Business commitments, health reasons or the simply the practicality of being based in the UK, UAE, USA, Argentina etc.

2. Tight timeline — The seller has another interested buyer. You need to move quickly but cannot be in Spain within days.

3. Golden Visa purchase — Many Golden Visa applicants complete the €500K+ purchase entirely remotely via power of attorney.

4. Multiple parties — One of several buyers cannot attend the notary.

The Remote Property Purchase Process

Step 1: Identify the property

We assess properties you are interested in, conduct initial due diligence (Nota Simple, preliminary checks) and advise on negotiation strategy.

Step 2: We draft the power of attorney

We draft the power of attorney in Spanish, tailored to your specific transaction. It will include all the powers needed for the full purchase without over-granting authority.

Step 3: You sign before a notary in your country

You visit a notary public (or equivalent in your country) to sign the document. Important: the document must be officially signed and notarised — an unsigned or electronically-signed copy is not sufficient.

Step 4: Apostille

The notarised document must be apostilled under the Hague Convention:

• ✓UK: Legalisation Office (FCDO), turnaround ~10 business days (standard) or 3 days (priority)
• ✓USA: Secretary of State of the relevant state, turnaround varies
• ✓Argentina: Ministerio de Relaciones Exteriores, turnaround 2–5 business days
• ✓Germany: Regierungspräsidium, turnaround 3–10 business days

Step 5: Send the original to Spain

The original apostilled document is couriered to our offices in Costa del Sol. A sworn translation into Spanish may be needed if the document is in a language other than Spanish, French, Italian or Portuguese.

Step 6: We complete the purchase

With the power of attorney in hand, we:

• ✓Complete the due diligence
• ✓Review and negotiate the arras contract
• ✓Transfer the deposit (you wire the funds to our client account or your Spanish bank account)
• ✓Attend the notary signing on your behalf
• ✓Pay ITP and other taxes
• ✓Register the property in your name at the Land Registry

Step 7: Property is yours

You receive copies of the escritura and registration confirmation. The first time you visit Spain, you can physically enter your new property.

Power of Attorney Costs (2026)

Important Points About the Power of Attorney

Limited vs General

We always recommend a limited poder notarial — one that specifies exactly which property it covers (by address and Land Registry reference) and which acts it authorises. This protects you from inadvertent overreach.

Revocability

A power of attorney can be revoked at any time by the principal (you), by signing a revocation deed before a notary. If you want to sign the deed yourself after all, simply revoke the power of attorney first.

Liability

While the attorney acts in your name, you as the principal remain responsible for the legal consequences of acts performed under the power of attorney. This is why it's essential to work with a trusted party.

Duration

Spanish property purchase powers of attorney are typically granted for a specific transaction and expire upon completion (or within a set time period, e.g. 6–12 months).

What Costa Expat Does With Your Power of Attorney

When you grant Costa Expat a power of attorney for your Costa del Sol property purchase, we:

• ✓Conduct full property due diligence (Nota Simple, IBI debts, community fees, planning status)
• ✓Review and negotiate the contrato de arras
• ✓Arrange your NIE if not already held (official fee €9.84)
• ✓Coordinate your Spanish bank account opening
• ✓Sign the escritura on your behalf at the Málaga or Marbella notary
• ✓Pay ITP (7% in Andalucía) and other taxes
• ✓Register the property in your name
• ✓Send you all documentation

Clients regularly purchase properties in Marbella, Puerto Banús, Fuengirola, Mijas and Benalmádena without ever setting foot in Spain for the legal process.