Can I sell my Spanish property without travelling to Spain?

Yes, you can. And it happens more often than you might think.

This is one of the questions we receive most often at Bennecke: «I own a flat in Torrevieja, I would like to sell, but I am based in the UK and cannot make the trip. Is there a way to do it remotely?» The answer is yes, absolutely. Selling a Spanish property from abroad is entirely legal, well-regulated, and something we have been managing for non-resident clients for over thirty years. The process is not significantly more complicated than a standard sale. It simply requires one extra step upfront: a power of attorney.

What is a power of attorney and what does it allow

A power of attorney (in Spanish, poder notarial) is a legal document through which you authorise another person, your representative, to act on your behalf at the notary on the day of the signing. This person can be your Spanish lawyer, a gestor, or any other trusted individual based in Spain.

The power needs to be drafted specifically for the transaction in question. At a minimum, it should authorise your representative to sign the purchase deed on your behalf, handle all associated tax formalities (including the 3% retention, the municipal capital gains tax and the non-resident income tax return), and receive or transfer the sale proceeds. If any of these faculties are missing from the document, the notary may refuse to proceed.

How to get the power of attorney from your home country

There are two main routes.

The first is to visit the Spanish consulate in your city or country. Consulates have notarial functions and can issue a power of attorney with full validity in Spain. The drawback is the waiting time for an appointment: in cities like London or Amsterdam this can run to four to six weeks or more. If you have decided to sell, book the appointment as soon as possible, because it is one of the few steps that depend on someone else's schedule.

The second option is to sign the power before a notary in your home country, then have it stamped with the Hague Apostille and translated into Spanish by a sworn translator. The Hague Apostille is an international certification that verifies the document is legally valid in any of the countries that have signed the Hague Convention of 1961, including Spain, the UK, the Netherlands and France. This route involves slightly more paperwork, but in many countries it is faster than waiting for a consulate slot.

Once the power of attorney is ready and in the hands of your representative in Spain, the rest of the process runs exactly like any other property transaction.

Who can be your representative

Technically, any adult with legal capacity can act as your representative. In practice, it should be a professional: your Spanish lawyer, an experienced property manager, or one of the legal partners we regularly work with at Bennecke. If you do not have a trusted lawyer in Spain, we can put you in touch with specialist firms in the Torrevieja and Orihuela Costa area that handle this kind of representation on a regular basis.

What to check before listing your property

Before we start marketing your property, it is worth getting a few things in order to avoid last-minute complications.

The first step is to obtain a nota simple from the Land Registry. This document confirms who is the registered owner of the property and whether there are any outstanding mortgages or charges attached to it. We can request this on your behalf. If there is a pending mortgage, it is not a barrier to selling, but it does require coordinating the cancellation of the mortgage registration with your bank on the day of signing.

You also need to make sure that the IBI (local property tax) receipts are up to date. Sellers must provide receipts for the previous four years. Any unpaid IBI creates a debt that is tied to the property itself and can complicate the sale.

Finally, check the status of community fees with your homeowners association. The community administrator can issue a certificate confirming there are no outstanding debts, which most buyers will request before committing to sign.

How you receive the sale proceeds

On the day of signing, the buyer pays the agreed price minus the mandatory 3% retention, which goes directly to the Spanish tax authority. The remainder comes to you. If you have a Spanish bank account, the transfer is immediate. If you prefer to receive the funds in your UK, Dutch, French or other foreign account, your representative arranges a SWIFT transfer that typically arrives within one to three business days.

Taxes do not go away because you are not there

This is something to understand clearly from the start. As a non-resident, selling a property in Spain generates three tax obligations that remain yours regardless of whether you are physically present.

The 3% retention: the buyer withholds 3% of the sale price and pays it directly to the Spanish tax authority as a down payment on the tax you owe. If the actual tax you owe turns out to be less than that 3%, you can apply for a refund of the difference.

The non-resident income tax (IRNR): you are required to declare any capital gain from the sale in the following tax year. The rate is 19% for residents of EU and EEA countries, and 24% for everyone else.

The municipal capital gains tax (plusvalía): this is a local tax on the increase in the land value since you purchased the property. The amount varies by municipality and by how long you have owned it. Your lawyer can give you an estimate before signing day.

Your representative can handle all of these formalities on your behalf, provided the power of attorney explicitly grants them the authority to do so.

What we do at Bennecke

We have been selling properties on the Costa Blanca since 1988, and a significant proportion of our sellers live outside Spain. We know exactly what documentation is needed, in what order, and how to coordinate lawyers, notaries and buyers to keep the process moving without unnecessary delays.

We value your property based on current market conditions, find qualified buyers, keep you informed of viewings and offers, and tell you exactly what you need to prepare at each stage. If you do not have a lawyer in Spain, we connect you with one. If you need guidance on the power of attorney, we explain how to obtain it from your country step by step.

If you own a property in Torrevieja, Orihuela Costa or anywhere along the southern Costa Blanca and would like to know what it is worth today and how a remote sale would work, get in touch. The first consultation is free and comes with no obligation.