ZONA MALLORCA
Mallorca/Buyer guides

BUYER GUIDE · REVIEWED SEPTEMBER 2026

Legal checks before buying property in Mallorca

The documents and professional checks that should turn an attractive listing into an informed buying decision.

In brief

Before paying a material non-refundable deposit, establish who owns the property, what is registered, whether buildings and use are permitted, which debts or restrictions exist and whether the physical property matches the documents.

Start with independent advice

Choose a Spanish property lawyer who acts for you and is independent of the selling side. Agree scope, fees and reporting language. The goal is a clear written explanation of issues and options—not merely confirmation that documents have been collected.

The core legal checks

  1. Identity and authority: verify the seller, ownership and authority to sell.
  2. Nota simple: review title, description, mortgages, embargoes, easements and other registered rights.
  3. Registry, Catastro and reality: investigate discrepancies in boundaries, areas and buildings.
  4. Planning: check municipal classification, licences, completion or occupancy documentation and enforcement exposure.
  5. Community: for shared buildings or urbanisations, check debts, statutes, minutes, budgets and approved works.
  6. Taxes and services: verify relevant local payments and supply arrangements.
  7. Use restrictions: examine rental, protected-land, coastal or other restrictions relevant to the buyer’s plan.

Spain’s official guidance says a nota simple can provide ownership and charge information and may indicate coordination with Catastro. See the government property information page.

Legal due diligence is not a building survey

Documents cannot reveal every physical defect. A surveyor or architect can assess structure, moisture, services, roofs, retaining walls and visible alterations. For a finca, legal access, water, wastewater and every outbuilding deserve attention. Read our finca checklist.

Before signing a reservation or arras contract

  • Who receives and holds the money?
  • When is it refundable?
  • Which legal, technical or finance conditions remain?
  • What documents must the seller provide?
  • What is the completion deadline?
  • What happens if either party cannot complete?

A standard-looking contract can create significant consequences. Translation alone is not the same as legal advice.

Red flags that require explanation

Missing licences, unexplained area differences, undocumented pools or extensions, unresolved inheritance, access based only on informal practice, debts, pending community works, pressure to transfer funds immediately, or claims that a problem “is normal in Mallorca” should lead to investigation—not panic or blind acceptance.

Continue with Catastro explained and the complete Mallorca buying process.

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