Power of attorney for the purchase of property in Spain (Poder Notarial)
Introduction
Buying a property in Spain can sometimes be a complex process, especially if you can't be physically present at every stage. This is where the notarial power of attorney, known as Poder Notarial, comes in. This legal tool allows you to delegate certain formalities to a trusted representative.
1. What is a Notarial Power of Attorney?
The Poder Notarial is an official power of attorney issued by a notary in Spain. It authorises another person - often a lawyer or property adviser - to act on your behalf to carry out specific formalities relating to the purchase of a property.
This may include:
- Signing the preliminary sales agreement or reservation contract.
- Completing the deed of ownership before a notary.
- Handling administrative formalities (bank, land registry, tax).
2. Why use a power of attorney in Spain?
The use of a notarial power of attorney is particularly useful if:
- You do not live in Spain and cannot travel easily.
- You want to speed up the transaction by letting a professional handle all the steps.
- You prefer to delegate to avoid complex administrative procedures.
Thanks to the power of attorney, the property purchase remains secure since all the actions carried out by your representative are strictly governed by the notarial document.
3. How do I set up a power of attorney in Spain?
To set up a Poder Notarial, you must:
1. Visit a notary in Spain (or a Spanish consulate if you are abroad).
2. Define the precise powers granted to the agent (signing the deed, opening a bank account, managing tax, etc.).
3. Sign the official document, which will then be registered and recognised by the Spanish authorities.
The cost of a notarised power of attorney generally varies between €60 and €150, depending on its complexity.
4. What are the risks?
The Poder Notarial is a powerful tool: your attorney can act on your behalf within the defined framework. That's why it's crucial to:
- Choose a trusted professional (lawyer, property adviser).
- Clearly define the limits of powers in the document.
- Make sure that the power of attorney is specific and not general, to avoid any abuse.
Conclusion
The Poder Notarial is a valuable legal instrument for buying property in Spain with complete peace of mind. It allows you to delegate the formalities without losing control, while guaranteeing the legal security of the transaction.
If you are considering buying property in Spain, consider including this option in your strategy to save time and avoid unnecessary travel.