Renovation contract for foreign owners: language, translation and which version prevails

Can you sign a renovation contract in Russian?

Yes. In Spain a contract is binding in whatever form and language it is made, if the parties agree and understand the terms (Código Civil, articles 1278 and 1258). But the working version for the court, the Ajuntament and the gestor remains the Spanish text. The practical option is a bilingual contract with a clause saying which version prevails.

A construction contract needs no notary and no special form. What matters is something else: that you understand what you sign. Signing only a Russian text is legally possible, and the difficulties begin in a dispute or when filing documents with the authorities: the judge and the official read in Spanish or Catalan, and the Russian text will need a translation.

So the working scheme is this: both texts in one file, in two columns or one after the other, with identical clause numbering and identical annexes.

Which version of the contract prevails: the Spanish one or the translation?

The one the parties name in the contract prevails. The Código Civil (article 1255) lets the parties agree whatever terms they see fit, provided they are not contrary to law, morals or public order. The usual wording is: in case of discrepancy the Spanish text prevails.

The reason is practical. The Ley de Enjuiciamiento Civil (article 144) requires that any document written in a language other than Spanish, or the official language of the region, be accompanied by a translation. The translation may be made privately. If the other side challenges it within five days, saying it is not faithful and exact and giving the reasons, an official translation is ordered at the expense of whoever filed the document. If the official translation turns out to be substantially identical to the private one, the costs fall on whoever requested it.

What to compare line by line between versions: price and VAT, scope of works, payment schedule, deadlines and the penalty for delay, the change procedure, the warranty. A condition that appears in only one version is a ready source of dispute. The check is easy to do on a video call with a translator or with the person in charge of the project who knows both languages.

Is a sworn translator needed for a renovation contract?

For the contract itself between private parties, no: the law does not require it. A sworn (official) translation is needed when a document is filed with a body or a court and an official translation is demanded there. The requirements depend on the particular body and are confirmed with it or with your gestor.

Where it comes up most: the owner's documents for the Ajuntament when filing the application, the bank, the registry, the notary, the court. Under article 144 of the LEC a private translation is accepted in court but can be challenged, and then an official one is ordered. If no dispute is foreseen, a working translation checked against the Spanish text is enough.

A sensible split: commission a sworn translation only for the papers where it is demanded: powers of attorney, certificates, documents for the Ajuntament. Keep the contract itself bilingual with the Spanish version prevailing. That way you do not pay for an official translation of every page of the annexes, and in a dispute you have an exact text.

Who certifies a foreigner's signature, and is a notary needed?

For a construction contract a notary is not needed: the signatures of the parties are enough (Código Civil, article 1278). A notary is needed for a power of attorney and when you want to strengthen the evidence. A foreigner's identity is shown by passport and NIE.

An NIE is required for tax and administrative steps in Spain, for example fees and documents at the Ajuntament. Whether it is needed at each step is confirmed with the gestor.

A power of attorney is executed before a notary in Spain, before a notary in your country with an apostille or legalisation, or at a Spanish consulate. The notary decides how to make sure you understand the text: an interpreter, a bilingual document. Ask in advance, because translation requirements and the legalisation procedure depend on the country. Papers you sign abroad are best sent as originals by courier, with the scan kept as a working copy.

Can a renovation contract be signed remotely?

Yes. Electronic documents have legal effect: under Ley 6/2020 (article 3), their value and effectiveness depend on their nature, and if a qualified trust service is used, the evidence regime is stronger. In practice the contract is signed in three ways.

An electronic signature on a platform; signing in two copies with originals exchanged by post or courier; signing before a notary or at a consulate in your country. What you need in every case: a video call to go through the clauses; initialling every page and the annexes; keeping the final PDFs together with the estimate, the drawings and the materials specification.

If you are an individual renovating a home for personal use, you are usually a consumer. Then consumer-protection rules apply: pre-contract information must be clear, comprehensible and accessible (Texto Refundido de la Ley General para la Defensa de los Consumidores, article 60), and terms not individually negotiated must be clear and legible, with type no smaller than 2.5 mm and line spacing no less than 1.15 mm (article 80, since June 2022). Doubtful cases are for a lawyer to decide.

What can be signed under a power of attorney, and what cannot?

A power of attorney is handy for narrow acts: filing the application with the Ajuntament, the acceptance certificate for a stage, collecting the keys, approving invoices within the budget. Do not give a general power for everything: it is risky, and notaries and banks often ask for specifics anyway.

Rules for a power: list the acts; set a limit on the amount and a period; for payments above the limit require two representatives to sign together; name someone you trust personally and do not make the contractor himself your representative, because your interests differ. Sign the contract and any significant change of price or scope yourself, or give a power for that specific transaction.

Acceptance of stages and final handover are also better kept for you or for a trusted technician with the right to refuse acceptance. The procedure for a power is set out in the separate article on powers of attorney for renovations.

What should you check in the contract before signing, and how does BCN YARD work?

Before signing, check ten points. The parties and their details. The scope of works with annexes: estimate, drawings, materials specification. Price and VAT: 21% on renovating a second-hand home, 10% on a new one. The 21% applies because in our renovations materials usually exceed 40% of the taxable base; when they do not, renovating a private individual's home is taxed at 10% (Law 37/1992, art. 91). The payment schedule by stages. Deadlines and the penalty for delay. The change procedure: in writing only, with price and time. Warranty and acceptance. Liability insurance. Language and priority of versions. Governing law and jurisdiction.

We run projects in Russian and Spanish, so the language of the contract can be discussed at the very start, before the estimate. Payment is by contract, in stages. We give the price in the estimate, after the survey and measurements, and one person responsible for the project stays available in both languages. We reply to an enquiry within an hour. If you already have a draft contract from the other side, send it to us: we will check it against this list.