The Document Nobody Told Us We Needed to Buy in Spain
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Apostille and sworn translations for UK documents are required for many Spanish property steps - what to legalise, when, and common mistakes.
We were about ten weeks into our purchase on the Costa del Sol when our lawyer mentioned the apostille. Calmly. As if we would know what that was and would have it in hand. We did not know what it was. We did not have it. And we needed it within the next two weeks or things would stall. Here is what you need to know so you do not have that same conversation.
What Is an Apostille?
An apostille is an official authentication attached to a public document, confirming the document is genuine and was issued by the appropriate authority. It exists so that a document issued in one country can be legally recognised in another. If you are a UK buyer and Spain needs to accept a UK document, that document may need an apostille attached to it before a Spanish authority will treat it as valid.
The apostille is applied by the government body that issued the document. For a birth certificate, that means the General Register Office. For a marriage certificate, similarly. For company documents, Companies House. Each one requires a separate application, a fee, and several weeks to process.
Which Documents Typically Need Apostilling?
Not all documents do. Your lawyer will tell you exactly which ones are needed for your purchase, but the most commonly apostilled documents in a Marbella, Estepona or Costa del Sol property purchase are: birth certificates (if buying as a couple), marriage certificates (if the property is being registered in joint names), company documents (if you are buying through a UK limited company), and power of attorney documents signed in the UK.
The Timing Problem
The issue is not that apostilling is difficult. It is that it takes time (usually 2 to 4 weeks, sometimes longer), and buyers typically discover they need it at a point in the purchase where time pressure is already building. The solution is to ask your lawyer at the very first appointment: "Which of my documents will need apostilling?" Then request those at the same time you apply for your NIE, before you find a property.
PlanMarbella.com includes a document checklist as part of your free personalised buying plan. We list every document you need, when you need it, and where to get it from.
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Check if it's still free - PlanMarbella.comFrequently Asked Questions
What is an apostille and do I need one to buy property in Spain?
An apostille is an official authentication that makes a public document from one country legally recognised in another. UK buyers may need apostilles on documents like birth certificates, marriage certificates, or company papers. Your Spanish property lawyer will tell you which specific documents need apostilling for your purchase.
How long does an apostille take in the UK?
Processing time varies. The General Register Office typically takes 2 to 4 weeks. Some services offer faster processing for an additional fee. Apply as early as possible in the buying process.
Does my passport need an apostille for buying property in Spain?
No. Your passport is an internationally recognised travel document and does not need apostilling. The documents that typically need apostilling are older official records such as birth and marriage certificates, and company documents.
What is a power of attorney in a Spanish property purchase?
A power of attorney allows your lawyer to act on your behalf in Spain when you cannot attend in person. If signed in the UK, it will need to be notarised and then apostilled before it can be used in Spain.