Can I buy a house in Spain without being there? Everything about power of attorney

The purchase of property by foreigners in Spain is becoming increasingly common. Although the process of buying a property in Spain while living abroad is similar to that of a resident, a very common question arises: is it mandatory to be physically present to buy a house? Spanish legislation allows a property purchase to be completed without attending in person, provided the appropriate legal tools are used.
At Fotocasa, we explain how power of attorney works to buy a house in Spain, what it is for, its limits, what we need to consider before granting it, and how it fits into the property purchase process.

Tips for buying a house in Spain for the first time

Can you buy a house in Spain without being present?

Yes, we can buy a property in Spain without being physically in the country. To do so, it is necessary to grant a power of attorney that allows another person to act on our behalf during the purchase process.

This power allows a third party to represent us before notaries, land registries, banks or real estate agencies, always within the scope of the authority we have expressly granted.

What is a power of attorney?

A power of attorney is a public document granted before a notary through which we authorise another person to act on our behalf to carry out certain acts or procedures.

In the real estate context, it is used to delegate legal representation in a property purchase transaction when we cannot be present.

Who is involved in a power of attorney?

• The person granting the power (principal).
• The person receiving it (attorney-in-fact).
• The notary, who authorises the document and certifies its content.

What is a power of attorney used for when buying a home?

A power of attorney allows us to delegate the signing and certain procedures related to the purchase of a property.

We can use it to carry out procedures such as:

• Signing the deed of sale before a notary.
• Acting before the relevant land registry.
• Representing us in procedures directly linked to the transaction.

The scope of the power will always depend on how it is drafted.

From Cádiz to Guipúzcoa: where do foreigners buy property in Spain?

What is a power of attorney not used for?

A power of attorney does not grant unlimited authority. It only allows actions that are clearly included in the document.

It cannot be used to:

• Authorise acts that are not expressly included.
• Delegate decisions outside the defined scope.
• Continue acting if the power has been revoked or is no longer valid under the established terms.

For this reason, it is advisable to clearly define its content from the outset.

How much does a power of attorney cost to buy a house?

The cost of a power of attorney is not fixed. It depends on the type of power we grant and the authority it includes.

The price varies depending on factors such as:

• Whether it is a general or specific power.
• The number of authorisations it contains.

The final amount is determined by the notary at the time it is granted but, as a general guideline, a power of attorney in Spain usually costs between €25 and €100.

What should we consider before granting a power of attorney?

Before signing a power of attorney to buy a property, it is advisable to assess several key aspects.

The scope of the power of attorney

We must decide whether the power will be:

• Limited to a specific purchase transaction.
• Broader, including other related procedures.

Deciding who will be appointed as attorney-in-fact

It is essential that we choose someone we fully trust, as they will act on our behalf.

Ensuring the wording of our power of attorney is clear

Precise drafting helps avoid problems and limits the margin for interpretation during the transaction.

How to choose the right type of power of attorney to buy a property?

Not all powers of attorney are the same. Sources distinguish between:

• Specific powers, intended for a particular transaction.
• General powers, which allow multiple acts to be carried out.

In a real estate purchase, it is common to opt for a power tailored to that specific transaction, avoiding the granting of unnecessary authority.

How long is a power of attorney valid for?

A power of attorney may have a fixed or indefinite duration, depending on what is established in the document.

Additionally:

• We can revoke it at any time.
• The revocation must be executed before a notary in order to be legally valid.

What steps must we followed to buy a house in Spain without being physically present?

Buying a property in Spain without being present does not change the purchase process, but it does change the way we take part in it. Instead of attending in person, we act through an attorney-in-fact, who represents us throughout the entire procedure.

Broadly speaking, these are the steps we need to follow.

Obtain the necessary documentation

Before starting the purchase, we need the usual documentation required to buy a property in Spain:

• Foreigner Identification Number (NIE): it is mandatory even if we do not reside in Spain.
• A bank account in Spain, from which payments related to the purchase, taxes, etc., will be made.

These procedures can be carried out without being physically present in the country, through representation or from abroad.

Search for the property and negotiate the purchase

We can begin the search using Fotocasa’s property search engine, which allows us to filter by location, price, property type and other key features. This makes it easier to make an initial selection of properties without travelling.

In addition, before moving forward with the purchase, we can rely on tools such as Fotocasa’s online valuation simulator, which allows us to check estimated values and compare market prices. This helps us have a reference point before negotiating the property price.

At this stage, it is also common to work with a real estate agency, which acts as an intermediary between the parties and can handle negotiations, coordinate viewings and prepare the documentation required to move the transaction forward, as well as guide us on pricing and help us find properties under the best conditions.

Grant a power of attorney

The next step is to grant a power of attorney so that another person can act on our behalf.

This power must be signed before a notary and can be granted:

• In Spain.
• In the country of residence, before a notary or at a Spanish consulate.

The document specifies which powers we grant to the attorney-in-fact, such as signing contracts, deeds or carrying out procedures related to the purchase.

Sign the deposit contract (if used)

After finding the property, it is common to sign a deposit contract (contrato de arras), although it is not a mandatory step in a purchase transaction.

The deposit contract is used to:

• Record the agreement between buyer and seller.
• Reserve the property for a specific period.
• Set out the basic terms of the transaction before signing before a notary.

If we have granted a power of attorney, the attorney-in-fact may sign the deposit contract on our behalf, provided this authority is expressly included in the power. Otherwise, they would not be able to do so.

How to buy a house in Spain as a non-resident foreigner

Apply for and sign the mortgage (if necessary)

If financing is required, the purchase may involve applying for a mortgage, although not all transactions require this step, as the property may be purchased without bank financing.

When there is a mortgage:

• The financial institution analyses the transaction and the buyer’s documentation.
• The mortgage loan is signed before a notary.

It is important to note that mortgage conditions for foreign non-residents may be more demanding, so it is advisable to compare several offers and start this process in advance.

If we have granted a power of attorney, the attorney-in-fact may sign the mortgage on our behalf, provided that the power expressly includes the authority to sign mortgage loans.

Sign the contract and the deed of sale

The signing of the purchase takes place before a notary. At this point:

• The attorney-in-fact signs on our behalf.
• The transaction is formalised as if we were present.

The deed is subsequently registered at the Land Registry (Registro de la Propiedad), completing the legal acquisition process.

In this way, we will have formalised the purchase of our property.