For its part, Regulation (EU) 2016/1191 establishes that certain public documents issued in a European Union Member State may be exempt from legalisation, although they may still require translation.
In addition, for a foreign document to be registered with the Spanish Land Registry, it must comply with the formal requirements laid down by Spanish law, which includes, where applicable, its proper translation.
When is a sworn translation needed to buy a property?
A sworn translation is usually required when:
- The document is drafted in a language other than Spanish.
- It is to be submitted before a notary as part of a public deed.
- It must be registered with the Land Registry.
- It forms part of a sale, gift or transfer of a property.
For example, if a foreign deed, a sale and purchase agreement or certain registry documents in another language are provided, an official translation may be required.
When do we need a sworn translation when buying a property from abroad?
As a general rule, most of the documents we need to buy a property in Spain are requested here and are therefore already issued in Spanish. This is the case with the sale deed or the nota simple issued by the Land Registry.
For this reason, in a standard transaction, we do not need to translate Spanish documentation.
A sworn translation may be required when we provide documentation issued abroad, drafted in another language, which must have formal effect in the purchase process.
Some of the most common situations are the following.
Power of attorney granted outside Spain
If we are unable to travel to Spain to sign the purchase, we can grant a power of attorney in our country of residence so that another person can sign on our behalf.
In that case, the power of attorney may require:
- Legalisation or the Hague Apostille.
- Translation into Spanish, when it is drafted in another language.
As this is a document that must be incorporated into the public deed before a notary, it may be necessary to provide a sworn translation for it to be valid in Spain.
Documentation to prove the origin of funds
In the purchase of a property when we are foreign buyers, banks and notaries must verify the origin of the funds used.
If the money comes from abroad, it may be necessary to provide documentation proving this, such as:
- Savings.
- Professional income.
- Sale of another property.
- Inheritances or other transfers.
When these documents are drafted in another language and must be submitted as part of the formal process, their translation into Spanish may be required so that they can be properly reviewed.
What if we need to use Spanish documentation in our home country?
The reverse situation may also occur: we buy in Spain, but need to use Spanish documentation in our country of origin.
In that case, we are not dealing with a translation required for the purchase itself, but rather so that the Spanish document has effect outside Spain.
For example:
- A nota simple from the Land Registry.
- A sale deed.
- Other registry documentation related to the property.
If we need to submit these documents before a foreign administration or authority, it may be necessary to:
- Have them officially translated.
- In some cases, have them legalised or apostilled.
In the case of the nota simple, if we need to use it outside Spain, it is possible to obtain an English translation directly through the Land Registry website.
Is a sworn translation the same as legalisation or apostille?
No. Legalisation or the Hague Apostille certify that a foreign public document is authentic.
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