Answers for property owners
Can I sign the sale of my home when the parties are in different places?
Selling without travelling is possible and common. The important thing is to choose the route in good time: two linked notaries' offices, a power of attorney from your country or the consulate.
SHORT ANSWER
If buyer and seller are in different cities in Spain, the notarial deed (escritura) is signed at two notaries' offices linked to each other. If you live abroad, you sign a power of attorney before a notary in your country (with an apostille) or at the Spanish consulate, and your representative signs for you in Marbella. What you cannot do is sign the sale by video call.
IN THIS ARTICLE
This is one of the questions we hear most from owners who do not live on the Costa del Sol. Here are the two routes, the documents worth preparing and what changes if you are not a tax resident.
If both parties are in Spain: signing at two notaries' offices
Since 2001, Spanish notaries' offices have been linked electronically and can send each other documents and deeds in real time and with full security. Say the buyer is in Marbella and the seller in Madrid. There are two ways to do it:
With a power of attorney
The seller signs a power of attorney at a notary's office in Madrid in favour of someone who is in Marbella. The notary sends it electronically to the Marbella office, and that person signs the deed on the seller's behalf the same day.
With ratification
The buyer signs the deed in Marbella, the notary sends it electronically to a notary's office in Madrid and the seller ratifies it there.
If you live outside Spain: the power of attorney (poder notarial)
This is the most common route when the owner lives abroad:
- Before a notary in your country. The power of attorney must carry the Hague Apostille to be valid in Spain, and a translation if it is not drafted in a bilingual version. If your country is not a party to the Hague Convention, consular legalisation is required instead of the apostille.
- At the Spanish consulate. The consul acts as a Spanish notary, so the power of attorney does not need an apostille.
- A special power of attorney for this sale is better than a general one: it states exactly what your representative may sign and raises fewer questions at the notary's office.
Start the power of attorney as soon as you know you are selling. At the latest, when you accept an offer; never the week before the signing.
The apostille and the translation often take longer than expected.
Can the sale be signed by video call?
Since November 2023, Law 11/2023 allows some acts to be carried out before a notary by video call, such as certain company procedures or procedural powers of attorney. The sale of a home is not among them, and neither are general powers of attorney. To sell remotely, the routes remain the power of attorney or signing at two notaries' offices.
Documents worth having ready
- Passport and NIE
- Title deed
- Latest IBI (property tax) receipt
- Certificate from the homeowners' association confirming you are up to date with payments
- Energy performance certificate
- Certificate of no planning infringement, common in Marbella
- If there is a mortgage, the bank's outstanding debt certificate so you can cancel it at the signing
If you are not a tax resident in Spain: the 3% withholding
It is a payment on account of your tax, not the final tax. In modelo 210 you declare your actual gain and offset the withholding: if the tax you owe is less than 3%, or if you sell at a loss, you claim back the difference. We explain it in more detail in the 3% withholding on non-residents and in what taxes you pay when selling in Marbella and Benahavís.
Frequently asked questions
Can my lawyer sign for me?
Yes, if you grant them a power of attorney that covers the sale.
When should I start the power of attorney?
As soon as possible: once you are 100% sure that you are going to sell and how. At the latest, when you accept an offer. That way you arrive at the signing with the apostille and the translation already sorted.
Can the buyer also sign remotely?
Yes, by the same routes: a power of attorney or signing at two notaries' offices.
Do I have to be in Spain to get paid?
No. The price is paid at the signing to the person representing you or to the account stated in the deed.
Can the sale of a home be signed by video call?
No. Law 11/2023 allows some notarial acts by video call, but the sale of a home is not among them, and neither are general powers of attorney. The routes are the notarial power of attorney or signing at two notaries' offices.
About the author
Alfonso Lacruz
Naval engineer and market analyst. Over 25 years advising owners in Marbella and Benahavís. Publishes a monthly market analysis with Land Registry data.
Every case is different: before you sign or decide, confirm your situation with your own lawyer, notary or tax adviser.
Sources: Consejo General del Notariado (General Council of Notaries); Law 11/2023; Spanish Tax Agency (modelos 211 and 210). Last updated: 23 October 2026.
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