A power of attorney to purchase property in Spain lets someone you choose sign the contract and the deed for you, so you do not fly out for each step. We advise one trip in person: see the home, then sign the power at a Spanish notary during that visit. The rest can be done from the UK.
Can you buy property in Spain without being there?
Yes. The steps are the same as when you are there, but your attorney signs some papers, the deed included, in your name. For the wider picture, see buying property in Spain from the UK: what to know first. A purchase with one visit usually runs like this:
- Shortlist homes from the UK, then view them in person on one trip.
- Reserve the home with a written agreement and a bank transfer.
- Sign the power of attorney at a Spanish notary on the same trip.
- Your lawyer checks the legal status of the property.
- NIE and a Spanish bank account.
- Private contract (arras) and deposit, with the amount set in the contract.
- Your attorney signs the deed at the notary, and the balance and tax are paid.
- Registration at the land registry and transfer of the utilities.
- Your attorney collects the keys.
Why we still advise one visit in person
Photos show the layout. They do not show the street noise at night, the walk to the beach in August or the complex in February. A signed deed cannot be undone because the area feels different in real life. One trip of a few days, with a shortlist picked from home, is usually enough.
On a British passport you can spend up to 90 days in any 180-day period in the Schengen area, so a viewing trip is no problem, though under the EU's new Entry/Exit System your first entry may mean fingerprints and a photo. Want to talk it through before you book flights? Meet us at our London office in Fulham.
How do you get power of attorney in Spain? Three ways compared
Under the Spanish Civil Code the power must itself be a public document, because the purchase is signed as a public deed. A buyer living in the UK has three routes.
| Route | What you do | Cost | Time | Best for |
|---|---|---|---|---|
| Spanish notary during your viewing trip (our advice) | Sign in person with your passport. If you do not speak Spanish, ask for a two-column Spanish and English version or bring an interpreter | Notary fee on the official Spanish scale | One appointment | Almost everyone, because you are in Spain anyway |
| Spanish Consulate General in London | Attend in person with your passport and your NIE (so you need the NIE first), plus a copy of your attorney's Spanish ID or NIE and a description of the powers | Consular fee, which depends on length, number of people and copies | Depends on appointments | Buyers who cannot travel before completion |
| UK notary public plus FCDO apostille | Sign a power drafted by your Spanish lawyer, then send it to the FCDO Legalisation Office | UK notary's fee, £45 (about €54) per apostille plus postage, and usually a sworn translation | Usually up to 25 working days for a paper apostille, plus post | Buyers who cannot reach Spain or London in time |
The Spanish notary is the simplest route: the document is Spanish from the start. If you do not understand Spanish, notarial rules let the notary translate it for you, draw it up in two columns in both languages, or go ahead with an interpreter you choose. The consulate in London authorises powers in the same way, and you must attend in person on the day.
A power signed before a UK notary has to be accepted by the Spanish notary at the deed. Spanish law accepts a foreign public document when the foreign official did a job equivalent to a Spanish notary's. GOV.UK says the FCDO can apostille a power of attorney certified by a UK notary or solicitor, and there is a faster e-Apostille (£35, up to 2 working days) for PDFs signed electronically by a UK notary or solicitor, if the Spanish side accepts it. Ask your lawyer in Spain to draft the text, ideally in English and Spanish side by side, and to confirm what the Spanish notary will accept, including whether a sworn translation is needed.
Is a UK power of attorney valid in Spain?
Not for buying a home. A UK lasting power of attorney is mainly for when you cannot make decisions yourself, and GOV.UK says it is legally binding only in England and Wales. For the purchase you need a specific power, signed at a Spanish notary, at the Spanish Consulate in London, or before a UK notary and apostilled by the FCDO.
What should the power of attorney cover?
Make it specific. At the deed the Spanish notary records whether the powers shown are enough for that sale, so a vague power can be rejected on the day.
- The property: address, land registry number or cadastral reference (referencia catastral).
- What your attorney can do: sign the arras contract and the deed, pay the price and taxes, open a bank account, apply for your NIE and transfer the utilities.
- Acting for both sides (autocontratación): only if your attorney will also represent the other party. Usually you want the opposite.
- Substitution: the right to pass the power to someone else, in case your attorney cannot attend.
- Your details: passport number and, once you have it, your NIE.
- A Spanish mortgage: if you borrow from a Spanish bank, the power must also cover the mortgage deed. See our mortgage guide for foreigners.
Buying as a couple: who signs and who owns what?
If you buy together and neither of you will be at the deed, you both give the power. One document at the same appointment can cover you both.
Spanish registry rules require each co-owner's share to be stated, for example 50 per cent each. Under the Spanish Civil Code each co-owner fully owns that share and can sell or mortgage it. That is closer to a tenancy in common in England than to a joint tenancy: GOV.UK explains that a joint tenant's share passes to the other owner automatically on death, while a tenant in common can leave it by will. Agree the split with your lawyer before the power is drafted, and think about a will that covers the Spanish home.
NIE and a bank account from the UK
Your NIE, the foreigner's tax number, is arranged with the help of the lawyers we work with.
You also need a Spanish bank account for the price, taxes and bills. Your attorney can open one if the power says so, but it is easier during your visit. The bank will ask where the money comes from, so keep statements of your transfers from the UK. See our guide to a bank account for non-residents.
Paying and collecting the keys without another trip
Every payment goes by bank transfer. The reservation and deposit go to the account named in the written contract, and the balance is paid at the deed by banker's draft or transfer, which the notary records. Your attorney collects the keys. We are there at the notary and when the utilities are switched over, and we keep an eye on the deadlines.
Work out the whole amount before you plan transfers in pounds. Budget up to 13 to 14 per cent on top of the listing price. On a resale home that covers transfer tax (ITP), 9 per cent on the Costa Blanca since 1 June 2026 (11 per cent above €1 million), plus notary, land registry, lawyer and paperwork. On a new build you pay VAT (IVA) at 10 per cent and stamp duty instead of ITP. Legal and official costs come to up to 4 per cent.
| Listing price | Total with costs, up to |
|---|---|
| €180,000 (about £150,400) | €203,400 to €205,200 (about £170,000 to £171,500) |
Pound figures use the ECB reference rate of 13 November 2026, €1 = £0.83559; your bank will quote its own. See the full breakdown of property buying costs in Spain, or run your own figures in the purchase calculator.
A short safety list for buying from a distance:
- Only pay into an account confirmed by phone with your lawyer and named in the contract, never one that arrives by email alone.
- Get an up-to-date land registry extract (nota simple) before the deed. Our guide on how to check property ownership in Spain shows how to read it.
- Straight after signing, get a copy of the deed and proof the tax was paid.
- Ask for photos of the home and the meter readings on handover day.
What changes once you own the home?
As a UK resident you are a non-resident in Spain, and Spanish non-resident income tax applies to the property even if you never let it, as imputed income each year. If you let it, UK residents pay 24 per cent on the rental income with no deduction for expenses. Residents of Ireland and other EU countries pay 19 per cent and can deduct costs directly linked to the letting.
Spanish rental income also goes on your UK tax return. GOV.UK says you can usually claim Foreign Tax Credit Relief for tax paid abroad, under the UK and Spain double taxation convention.
Frequently asked questions
Do I have to go to Spain at least once to buy? We advise it. Come once to see the home, because photos do not show the area, and sign the power of attorney at a Spanish notary on the same trip. Legally you can buy with a power signed in London or before a UK notary, but that is slower and you do not see the home first.
How much does a power of attorney cost in Spain? A Spanish notary charges on the official notarial scale. At the Spanish Consulate in London the fee depends on the length of the document and the number of people signing. The UK notary route adds the notary's fee, £45 per FCDO apostille and usually a translation. A lawyer acting as attorney charges separately.
Can I cancel a power of attorney? Yes, at any time, ideally by a notarial deed of revocation, which the Spanish Consulate in London can also issue. Tell your attorney and the Spanish notary straight away. Under the Spanish Civil Code, an act your attorney signs before learning of the revocation can still bind you towards third parties acting in good faith.
Who should I choose as my attorney? Usually your own lawyer in Spain or a family member you trust, never anyone who represents the seller or developer in the same sale. GOV.UK strongly recommends an independent lawyer who works for you only, and the same logic applies to whoever signs in your name.
Does buying a home in Spain give me the right to live there? No. On a British passport the 90 days in 180 rule still applies, owning a home or not. Living in Spain for longer needs a visa, such as the non-lucrative visa. Our guide to Spanish residency from the UK compares the routes. Irish citizens are EU citizens, so the limit does not apply to them.
Planning a purchase with one visit?
Tell us what you are looking for and when you can fly out. We will help you build a shortlist, line up the viewings and book the notary for your power of attorney while you are here. Homes in Torrevieja and Calpe are a good place to start. Tripinvest ES is a licensed agency (RAICV 4221) with offices in Torrevieja and Calpe and a head office in London, and our agents have over 12 years' experience on the Spanish market. We work with lawyers and banks, and service is in English from the first call to the notary. Our clients don't pay us commission.
General information as of 13 November 2026, not legal or tax advice.
Or call us on +44 20 3888 0008.
Sources
Last checked: November 2026
- Spanish Consulate General in London, powers of attorney (documents required including the principal's NIE, personal attendance, fee, revocation): exteriores.gob.es (official)
- GOV.UK, get your document legalised (paper apostille £45 per document, usually up to 25 working days; e-Apostille £35, up to 2 working days): gov.uk (official)
- GOV.UK, buying or renting property in Spain (independent lawyer, notaries): gov.uk (official)
- GOV.UK, lasting power of attorney (legally binding only in England and Wales): gov.uk (official)
- GOV.UK, joint property ownership (joint tenants and tenants in common): gov.uk (official)
- GOV.UK, Spain travel advice, entry requirements (90 days in 180, EES): gov.uk (official)
- GOV.UK, tax on foreign income, if you are taxed twice: gov.uk (official)
- GOV.UK, Spain tax treaties (2013 UK and Spain double taxation convention, in force): gov.uk (official)
- BOE, Código Civil, arts. 399 (co-ownership shares), 1280 (public document for powers), 1732, 1733 and 1738 (end and revocation of a power): boe.es (official)
- BOE, Ley 24/2001, art. 98 (notary's judgement that a power is sufficient): boe.es (official)
- BOE, Reglamento Notarial, art. 150 (foreigners, two-column documents, interpreters) and art. 166: boe.es (official)
- BOE, Reglamento Hipotecario, art. 54 (each co-owner's share stated on registration): boe.es (official)
- BOE, Ley 29/2015 on international legal cooperation in civil matters, arts. 56 and 60 (foreign public documents): boe.es (official)
- BOE, Real Decreto Legislativo 5/2004, non-resident income tax, arts. 13.1.h, 24 and 25 (imputed income, deductions for EU and EEA residents, 24 and 19 per cent): boe.es (official)
- BOE, Ley 13/1997 of the Generalitat Valenciana, art. 13 (ITP 9 per cent, 11 per cent above €1 million): boe.es (official)
- Agència Tributària Valenciana, buying a property (ITP 9 per cent from 1 June 2026): atv.gva.es (official)
- European Central Bank, euro foreign exchange reference rates, 13 November 2026: ecb.europa.eu (official)
- Banner photo: Frayter, "Castillo de Santa Bárbara y Playa del Postiguet (Alicante)", Wikimedia Commons, CC BY-SA 4.0, cropped and darkened, text added: commons.wikimedia.org
