Power of attorney -
Helping you navigate the Spanish legal and tax system

Investing in real estate in Barcelona can be an exciting and rewarding experience, but it's important to be aware of the legal requirements and procedures involved in the process. Complying with Spanish and European law can be time consuming and confusing, especially if you're not familiar with the local regulations and requirements. We can help you navigate these legal requirements and assist you with any necessary paperwork.

Get your Spanish tax number

One of the first things you'll need to do when buying a property in Barcelona is obtain a Spanish tax number, known as the NIE (Número de Identificación de Extranjero) or NIF (Número de Identificación Fiscal). This is a unique identification number that is used for tax purposes and is required for any real estate transactions in Spain. As a foreigner, you'll need to visit a local police station or town hall to apply for a NIE or NIF. You'll need to provide a valid passport and other identifying documents, and you may also need to provide proof of residence in Spain.

To obtain a Spanish tax number, also known as an NIE (Número de Identificación de Extranjero) or NIF (Número de Identificación Fiscal), you will need to follow a few steps.

  1. Gather the required documents: You will need to bring your passport and a completed application form, which can be obtained at any Spanish consulate or police station.
  2. Make an appointment: You will need to make an appointment at your nearest police station or consulate to submit your application.
  3. Submit your application: During your appointment, you will need to present your passport and completed application form, as well as any other required documents.
  4. Pay the fee: There is usually a fee for obtaining a Spanish tax number, which can vary depending on your location.
  5. Wait for your NIE or NIF: Once your application has been processed, you will receive your Spanish tax number in the mail. This can take several weeks, so be patient.

If you are a non-EU citizen, you may also need to apply for a visa or residence permit before you can obtain a Spanish tax number.

Get your Spanish tax number

In addition to obtaining a NIE or NIF, you'll also need to sign an anti-money laundering declaration before a Public Notary. This is a legal requirement in Spain to prevent the financing of terrorism and other illegal activities. The declaration requires you to provide information about the source of your funds and your financial history.

The declaration must be signed in the presence of a Public Notary, who is a government-appointed official responsible for verifying the authenticity of legal documents. The Public Notary will ensure that the declaration is completed correctly and that all required information is provided.

In addition to signing the declaration, the Public Notary will also need to verify the identity of the buyer and seller, as well as the authenticity of the documents related to the property purchase. This may include reviewing identification documents, such as a passport or national ID card, as well as documents related to the property, such as the deeds or purchase agreement.

It is important to be aware that the process of signing an anti-money laundering declaration before a Public Notary is separate from the process of signing the final property deeds or purchase document. The declaration must be signed before the final property documents are signed.

Overall, signing an anti-money laundering declaration before a Public Notary is an important step in the process of purchasing property in Spain. It is important to be prepared for this requirement and to follow all necessary procedures to ensure that the purchase process goes smoothly.

Signing the property documents

Once you've completed the necessary paperwork and obtained a NIF, you'll be ready to sign the final property deeds or purchase document. This document will outline the terms of the sale and transfer of ownership.

The process of transferring ownership of a property in Spain is called "escritura de compra-venta". To protect your interests we will take several steps before and during this process:

  • Preparation of the escritura: The seller's lawyer will prepare the escritura, which is a legal document that outlines the terms and conditions of the sale. This document will include information about the property, the buyer and seller, and any contingencies or conditions that apply to the sale.
  • Review and negotiation: BREA will review the escritura and negotiate any necessary changes with the seller's lawyer. This is an opportunity for us to protect your interests and make sure that all necessary conditions are included in the escritura.
  • Signing of the escritura: Once the escritura has been finalized and agreed upon by both parties, it must be signed by the buyer, the seller, and the Public Notary. The escritura must be signed in the presence of the Public Notary, who will verify the identities of the parties and the authenticity of the documents.
  • Registration of the escritura: After the escritura has been signed, it must be registered with the land registry office (Registro de la Propiedad) in order to complete the transfer

Do I have to be there in person?

If you're unable to be present for the legal close of the property purchase, we can represent you with a Power of Attorney. This document gives us the legal authority to sign on your behalf, allowing you to complete the transaction remotely.

While the legal process of buying a property in Barcelona may seem overwhelming, it's important to work with a reputable and experienced team to guide you through the process. At BREA, we have a team of professionals with in-depth knowledge of the local real estate market and the legal requirements for buying a property in Spain. We'll help you navigate the legal process and ensure that everything is completed correctly and efficiently. Whether you're a resident of Spain or a foreigner, we have the expertise and resources to help you achieve your investment goals in the Barcelona real estate market.

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