Do you need a power of attorney to sign a renovation contract?
Not always. A renovation contract in Spain can be concluded in free form, so the owner can sign it himself, remotely, with an electronic signature or signed scans. A power of attorney is needed when another person acts for you: signs, accepts works, files applications at the town hall, speaks for you to the comunidad and the utilities.
This is a general guide, not legal advice: the form that fits your case is confirmed by a notary, and document requirements differ between organisations. So before granting anything, make a list of the acts your trusted person must perform and ask the notary whether a particular form will do. The full picture of remote renovation is in our guide to renovating while living in another country.
What can you delegate to a representative during a renovation?
Signing the contract and certificates, approving changes within a limit, accepting stages, filing documents at the town hall, negotiating with the comunidad, concluding or transferring utility contracts and collecting the keys. Different acts call for a power of different breadth.
A general power gives the representative a wide range of authority and suits cases where flexibility is needed. A special power names specific acts: sign the contract with such-and-such a company, file the permit application at such-and-such an address, collect the keys. For a renovation a special or limited power is often more sensible: you risk less and the scope is clear to both sides.
Think separately about what the power does not include. Payments from your account, the sale or mortgage of property and the signing of loan agreements require their own authority and a separate decision. Payment of stages is discussed in our guide to the NIE, account and payments, and the comunidad's permission in our guide to owners' consent for works.
Notarial or consular power of attorney: which should you choose?
If you are not in Spain there are two main routes: the Spanish consulate in your country of residence, or a local notary plus apostille and translation. Spanish consulates in many countries grant notarial powers for use in Spain: a power signed before the consul takes effect in Spain without an apostille or translation. According to the Spanish Consulate in London, such a power has no validity in the country where it is signed, and the consulate does not carry out property transactions. A valid passport and an appointment are needed.
The second route: a power before a local notary, then an apostille and translation into Spanish by a sworn translator. It is longer and takes several steps, but it suits cases where there is no consulate nearby or a long-term power is wanted.
If you will travel to Barcelona, the power can be granted before a Spanish notary: it is the simplest way to make sure the bank and the town hall will both accept it. The notary will also advise how to word the limits. Take the final decision on form with the notary and not from a general scheme.
What is an apostille and do you need one?
An apostille is a stamp certifying the authenticity of the signature and the capacity of the person who signed a public document. It is needed when a document is issued in one country and has to take effect in another, if both countries are party to the 1961 Hague Convention. The Convention removes the requirement for consular legalisation and replaces it with a single apostille.
It applies to notarial acts too: a power signed before a notary in your country usually needs an apostille to be accepted in Spain. The apostille is applied by the authority designated by the document's country of origin, often the ministry of justice or foreign affairs, or a court. If the country is not party to the Convention, a chain of legalisation through the Spanish consulate is required.
A power in Spanish is accepted without further translation; in another language a sworn translation is needed. These requirements are best checked with the notary before you pay for the apostille and translation: an error in the order of the steps costs weeks.
Can a power of attorney be limited by amount and by time?
Yes. The text of the power can state specific acts, a maximum amount, a duration and a requirement that two agents act together. The notary will help word it so that the organisations to which it is presented have no doubts about its limits.
For a renovation it is reasonable to limit the power: a list of acts (the contract with a named company, the permit application, acceptance of works), a maximum amount for changes and a term until the site is handed over and the keys received. After that the power is revoked or lapses. Any power granted before a notary or consul can be revoked at any time by a separate document, but the revocation has to be communicated to those to whom the power was presented.
An amount limit does not replace control. An agent with a limit can still order too much within that figure, so the approval routine and the reports remain essential. The order of changes during the works is covered in our guide to change control.
How do you grant a power of attorney step by step?
Start with the representative and the list of acts, then choose the form and check it with the notary. The steps are: decide whom you trust; write down what he must do; call the notary or consulate and clarify the requirements; book an appointment; prepare your passport and the property documents; sign; receive the copy and, if needed, the apostille and translation; give a copy to the contractor, the bank or the authority.
The time depends on the queue: at consulates it runs from a few days to several weeks, and the apostille and translation add time. Allow a margin: the power is needed before the works begin, not after the first problem. Keep a copy yourself and another with your representative, and the original with whoever will present it.
For online procedures with the administration, your representative needs his own digital access credentials. What is needed is described in our guide to idCAT Mòbil, Cl@ve and certificates. If your case is non-standard, for example several owners or a mortgaged property, choose the form with the notary.
How can BCN YARD help with the power of attorney?
We are not notaries and do not give legal advice, but we can prepare a list of the acts on site that will require your representative's signature or presence: the contract, stage certificates, the town-hall application, the keys. With that list the notary finds it easier to word the power. We run projects in Russian and Spanish, with one person responsible; write to us and, after the visit and survey, we will prepare the estimate.
Frequently asked questions
Can I grant the power at the consulate in my country of residence?
Yes, if the Spanish consulate in your country performs notarial functions. A power signed there takes effect in Spain without an apostille or translation, but has no validity in the country where the consulate sits. A valid passport and a prior appointment are needed; check the consulate's website for the types of power it grants.
What if the power of attorney is in another language?
A translation into Spanish by a sworn translator is needed, usually translated together with the apostille. Requirements for the translation and the number of copies differ between the bank, the town hall and the notary, so ask each what it accepts. It helps if a bilingual text is prepared in advance.
How much does a power of attorney cost?
The cost depends on the type of power, the notary or consulate, and the apostille and translation. The notary or consulate gives the exact fee before signing, and fees are public. For a renovation a special power is enough, normally simpler and cheaper than a general one. Set aside a separate budget for the apostille and translation.