Buying or selling a property in Spain can feel complicated when you live abroad. Many international clients ask us the same question at the very beginning of the process:
“Do I need to travel to Spain to complete the transaction?”
The short answer is: not necessarily.
In many cases, foreign buyers and sellers can complete a Spanish property transaction without travelling to Spain, provided that the process is correctly organised in advance and the right legal documentation is in place.
At Bennet & Rey, we regularly assist international clients who buy or sell property in Spain while living in the UK, the United States, Europe or elsewhere.
Buying Property in Spain Without Travelling
If you are buying a property in Spain, you may not need to be physically present for every stage of the transaction.
A Spanish lawyer can assist you with:
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reviewing the reservation agreement;
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negotiating the deposit contract, known as the contrato de arras;
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carrying out legal due diligence;
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checking Land Registry information;
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reviewing charges, mortgages, debts or restrictions;
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checking community of owners documentation;
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coordinating with the estate agent, seller, notary and bank;
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preparing the transaction for completion;
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attending the notarial signing on your behalf if you have granted a valid power of attorney.
The key document that makes this possible is usually a Power of Attorney.
What Is a Power of Attorney?
A Power of Attorney allows you to appoint someone you trust — often your lawyer — to act on your behalf in Spain.
For a property transaction, this may include signing contracts, appearing before the notary, dealing with administrative matters, obtaining or using your NIE number, coordinating tax payments and completing the purchase or sale.
Spanish notarial guidance confirms that powers of attorney are used precisely to allow another person to act on your behalf in legal acts such as a property transaction. If the power of attorney is granted abroad, it will often need to be properly notarised, apostilled and, where necessary, translated so that it can be accepted in Spain. The Spanish Notarial Council explains that the Hague Apostille is used to recognise public documents between countries that are parties to the Hague Convention.
Selling Property in Spain Without Travelling
The same principle may apply if you are selling a property in Spain.
Many non-resident sellers do not wish to fly to Spain simply to sign the final deed of sale. With a properly drafted power of attorney, your lawyer may be able to represent you before the notary and coordinate the sale on your behalf.
However, selling remotely requires careful preparation. Before completion, the seller will usually need to organise documentation such as:
- title deed;
- latest IBI/property tax receipt;
- community of owners certificate;
- energy performance certificate;
- proof of mortgage cancellation, if applicable;
- NIE and identification documents;
- details of bank accounts and payment arrangements;
- tax representation, where required.
It is especially important for non-resident sellers to receive tax advice in advance, as there may be withholding tax, capital gains tax and local tax implications.
Does the Notary Protect Me?
The notary plays an essential role in Spanish property transactions. The notary checks identity, capacity, powers of attorney, title, charges, community documentation, IBI, energy certificate and payment methods, among other matters.
However, the notary is neutral. The notary does not negotiate the commercial terms for you, does not act as your personal lawyer and does not protect only your interests.
That is why foreign buyers and sellers should obtain independent legal advice before signing any binding document or transferring funds.
When Might You Still Need to Travel?
Although many transactions can be completed remotely, there are situations where travelling to Spain may still be useful or required.
For example:
- if your bank requires in-person identification;
- if you are applying for a mortgage and the lender has specific signing requirements;
- if the power of attorney has not been prepared correctly;
- if urgent documents need to be signed and there is no time to legalise them abroad;
- if there are complex negotiations or practical issues with the property;
- if you simply prefer to inspect the property personally before completion.
The safest answer is therefore not “you never need to travel”, but rather:
In many cases, you do not need to travel, provided the legal structure is prepared properly in advance.
Why Proper Legal Preparation Matters
Remote property transactions can be very convenient, but they also require discipline.
Before you sign anything or pay a deposit, you should know:
- who owns the property;
- whether there are mortgages, charges or debts;
- whether the property is correctly registered;
- whether the seller has authority to sell;
- whether there are community debts or pending works;
- whether there are planning, licensing or occupancy issues;
- whether the deposit is refundable in specific circumstances;
- what taxes and costs will apply;
- whether you have all the documentation needed to complete.
A remote transaction is only safe if the legal checks are done before you commit.
How Bennet & Rey Can Help
At Bennet & Rey, we assist international clients with the full legal process of buying or selling property in Spain.
We can help you:
- understand whether you need to travel or can complete remotely;
- prepare or review a Power of Attorney;
- coordinate with the notary;
- review the reservation agreement and deposit contract;
- carry out legal due diligence;
- advise on documentation and practical steps;
- liaise with estate agents, banks and other parties;
- guide you through completion in English and Spanish.
Our aim is simple: to make the process clear, safe and legally controlled, especially when you are dealing with a Spanish property transaction from abroad.
Thinking of Buying or Selling Property in Spain?
If you are based outside Spain and want to buy or sell a Spanish property, early legal advice can save time, stress and unnecessary travel.
Contact Bennet & Rey to discuss your property transaction in Spain.
We will help you understand whether you need to travel, what documents you need, and how to structure the transaction safely from the beginning.
Please send us an email to: [email protected] or
Book your consultation here
