Can I give a power of attorney without a notary?
Conditional on the act: ordinary acts only need a simple power of attorney, but selling property needs a notary. The basis is art. 1392 of the Civil Code: a power of attorney must have the same form prescribed for the contract the representative is to conclude. A special power covers one specific, determined matter; a general power covers one or more acts (ordinary and/or extraordinary administration). For real estate the act requires notarial form (public deed or authenticated private writing), so the power of attorney also goes through a notary. Note: a general power covers, by law, only ordinary administration (art. 1708), so selling a house needs an express, special power. Revocation must be in the same form. In short: it depends on the act.
📋 The rules
- The power takes the act's form (art. 1392)
- Special power (one matter) or general (more acts)
- Real estate: power from a notary (public/authenticated)
- The general one covers only ordinary administration (1708)
- Revocation in the same form as the power
🔓 Exceptions
- Simple ordinary acts: written or even verbal power
- Irrevocable power if also in the agent's interest (1723)
- Power from abroad for property: notary + apostille/legalisation
⚠️ Penalties & fines
There's no "sanction" — a power of attorney lacking the required form is ineffective, and the acts done produce no effect (unless ratified). Indicative costs: a special notarial power (e.g. to sell a house) generally costs €220–€525 total (notary fee ~€150–€400 + VAT, stamps ~€32, charges). Beware a myth: "a general power of attorney lets you sell a house" is false — a generic power covers only ordinary administration; selling real estate is extraordinary and needs an express, special, notarial power. And "I can revoke verbally" is false if the power was notarial: revocation needs the same form. To give a power: define the powers, choose the right form and, for real estate, go to a notary.
📎 Official sources
- Civil Code — art. 1392 (power form) →
- Civil Code — art. 1396 (revocation) →
- Notariato — power of attorney →
❓ Frequently asked
Can I make a power of attorney without a notary?
It depends on the act. For simple, ordinary-administration acts, like collecting a parcel or handling small matters, a written or even verbal power can suffice. But if the representative is to conclude an act requiring a particular form, like selling a property, the power must have the same form, i.e. notarial.
Does a general power of attorney let you sell a house?
No, not on its own. By law, a general power covers only ordinary-administration acts. Selling a property is an extraordinary-administration act and needs a power conferred expressly and specifically, through a special power in notarial form. It's a myth to think a generic power is enough to sell a house.
What form is needed to sell a property?
To sell a property, the act must be a public deed or an authenticated private writing before a notary. Consequently, the power conferred on the representative must also have notarial form, under art. 1392 of the Civil Code, which requires the power to have the same form prescribed for the contract to be concluded.
Can I revoke a power of attorney?
Yes, the power is generally freely revocable, but the revocation must be made in the same form in which it was conferred: if the power was notarial, the revocation must also go through a notary. The revocation takes effect against the agent once they are informed. There are, however, irrevocable powers in cases provided by law.
How much does a notarial power of attorney cost?
A special notarial power, for example to sell a property, generally costs between €220 and €525 in total. The figure includes the notary's fee, indicatively between €150 and €400 plus VAT, the stamp duties, around €32, and the charges. For an ordinary power, no mandatory registration tax is due.
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