Buying in Barcelona by power of attorney: how a poder notarial works

You can buy property in Barcelona without flying in for completion by using a poder notarial, a power of attorney granted before a notary. It authorises a representative to sign documents on the investor's behalf, including the escritura (the deed of sale) at the notary's office. It has to be arranged in advance and with a precise list of powers: a Spanish notary may refuse a power of attorney granted before a foreign notary if it has no apostille or consular legalisation, and vague wording raises questions with notaries and banks.

Who signs on the investor's behalf

The representative under a poder notarial can be a lawyer, a company representative or a partner. For foreign buyers who cannot or would rather not attend every stage of a purchase in Barcelona in person, it is the standard tool.

Where to grant it: in Spain or abroad

There are three options:

• before a Spanish notary, if the investor comes to Spain in person at least once;
• at the Spanish consulate in the investor's country of residence;
• before a local notary, followed by an apostille (if the country is party to the 1961 Hague Convention) or consular legalisation (if it is not) and, where needed, a sworn translation into Spanish.

An apostille certifies the signature and seal on a document, not its content, and it only works between states party to the Convention. Documents from other countries need consular legalisation: first by the foreign ministry of the issuing country, then by the Spanish embassy or consulate. Without an apostille or legalisation, a Spanish notary may refuse a power of attorney granted before a foreign notary. A power granted before a Spanish notary or at a Spanish consulate needs neither: there the consul acts as a Spanish notary.

Which powers to include

It is best to list the powers explicitly: signing the arras and the escritura, obtaining an NIE (the foreigner's identification number) through a representative, opening a bank account, registering the purchase with the Registro de la Propiedad (Land Registry). Blanket wording such as ‘for all acts’ is too general and sometimes raises questions with Spanish notaries and banks. Wording that is too narrow may not cover a step that turns out to be needed at the last minute. Agree the right balance with a Spanish lawyer before the power is drawn up.

How we use it in DNPI projects

At DNPI Capital we build the power of attorney for international investors into the overall deal timeline as a separate stage. It is worth starting alongside due diligence rather than after it is finished. Our wider approach to working with foreign investors is set out on the DNPI approach page.