Frequently Asked Questions

FAQs about moving to Spain and living there

Frequently Asked Questions

How long has Sun Lawyers been established?

Sun Lawyers was started in 1985 by the father of one of the current partners. He was a Spanish lawyer and he married an English woman. The firm has always been independent and family-owned.

Is Sun Lawyers and independent law firm?

Yes we are an independent law, registered with the General Council of Spanish Lawyers and insured. Our law firm Registration Number is 4952 and the lawyers running the business are Jose Maria Lomax and Victoria Garcia Lomax.

Why does COVID-19 have that name?

Official names have been announced for the virus responsible for COVID-19 (previously known as “2019 novel coronavirus”) and the disease it causes.

What are the current travel restrictions travelling to Spain from the UK?

Travel is subject to entry restrictions

On arrival, travellers entering Spain from the UK will not be required to self-isolate. However, they will be subject to the following three requirements:

  • Provide the Spanish Ministry of Health with mandatory contact information and any history of exposure to COVID-19 48 hours prior to travel
  • Temperature check
  • Undergo a visual health assessment

See Entry requirements for more information before you plan to travel.

Preparing for your return journey to the UK

If you’re returning to the UK from overseas, you will need to:

Will I be able to travel to Spain on my passport after 1st January 2021?

You may need to renew your British passport earlier if you’re travelling from 1 January 2021.

It is taking longer than the usual 3 weeks to process applications because of coronavirus (COVID-19). Do not apply unless you need a passport urgently for compassionate reasons, for example if a family member has died, or for government business. Phone the Passport Adviceline to find out what to do.

On the day you travel, you’ll need your passport to both:

  • have at least 6 months left
  • be less than 10 years old (even if it has 6 months or more left)

What is a Power of Attorney (POA)

A POA is a legal document in which you grant authority to a lawyer to carry out certain tasks on your behalf. Buying property requires documents to be signed at various stages, sometimes in front of a Notary in Spain. This can be done by the person granted POA so you don’t need to be present each time

When should I think about granting POA?

If you know you are serious about buying a property in Spain, that’s the time. Two things need to be place before you make an offer. Your NIE number and a Spanish bank account. An agent or developer will see you a serious buyer if you have these in place. Both the NIE number and the bank account can be set up on your behalf one you have granted POA to your lawyer. You do have the choice to do this yourself but a local lawyer knows the process and for example is better placed to secure an appointment at the police station to validate the NIE application.

I'm concerned I'm passing too much power to someone I don't know, should I be?

Not if you choose an independent lawyer who is a member of the General Council of Lawyers.  This means the lawyer is registered and insured – you have recourse for complaint. Secondly the scope of the POA will be defined such that its purpose is only for facilitating the purpose of buying a Spanish property.

Do I have to come to Spain to set up the POA?

No. You can instruct (legal speak for tell) your Spanish lawyer that you want a POA setting up and that you are in the UK. The Spanish lawyer will draft the paperwork and agree for it to be sent to a UK Notary close to where you live. You go there and sign the paperwork, which itself is notarised and returned to the Spanish lawyer

Couldn’t find the answer to your question

Colin Powell the US politician said, there is no such thing as stupid questions, only stupid answers!

Unless you’ve brought a Spanish property before, how are you meant to know all of the ins and outs? We’re here to help simplify the process, but also to help you understand it if that’s what you want too. So if there are questions you have that aren’t answered here, email them to us and we’ll reply.