Where clients get caught out
Guest houses, pools and extensions added to fincas without a licence are the most common problem. On protected land they can be subject to demolition at any time, and the new owner inherits the risk.
Rustic land rules in Mallorca
Mallorca's planning rules distinguish common rustic land from protected rustic land, with stricter limits in natural areas and the Serra de Tramuntana. Minimum plot sizes, maximum built areas and permitted uses differ. We check the classification with the town hall and the island planning rules before you commit. See planning lawyer in Mallorca.
Legal and illegal buildings on the finca
| Situation | What it means |
|---|---|
| Building with licence and registered | Safe |
| Old building, before planning rules | Usually tolerated; documentation needed |
| Addition without licence on common rustic land | May be time-barred; legalisation limited |
| Addition without licence on protected land | Risk of demolition, no time limit |
Water, access and boundaries
We verify the water source (mains, well with authorisation, or deliveries), rights of way to reach the finca, and the boundaries against the cadastre and the registry. Disagreements with neighbours over paths are common on old fincas.
Renovating or renting the finca
Renovations on rustic land need licences and may require reports from other authorities. Holiday rentals need a registration for that use. Read our guide on the legal checks for fincas.
Example: buying a finca in Mallorca
Based on situations we commonly see; not a specific client. A German family was buying a finca near Artà with three buildings. Two were licensed; the third, used as a guest house, had been added without permission on protected land. We negotiated its exclusion from the price and a clause making the seller responsible for any demolition order.
Our collaborators for buying a finca in Mallorca
For every service we work with trusted collaborators when a matter needs them: notaries, architects and surveyors, tax advisers at Castell.tax, sworn translators, banks and mortgage brokers, property managers and specialist lawyers in other parts of Spain. You keep one lawyer as your single point of contact, and we coordinate everyone else.
Castell.law is the English and German-speaking practice of Castell Abogados, a law firm in Palma de Mallorca. This page is general information, not advice on a specific case: laws and procedures change, so check your situation with us before acting.
Not sure where you stand? Ask before you sign
Tell us about your matter or send us the documents you have. A lawyer will explain the risks, the options and the cost before you commit to anything.
Questions about buying a finca in Mallorca
Can I build on a finca in Mallorca?
Only within the strict limits of rustic land, depending on classification and plot size.
Can illegal buildings on a finca be legalised?
Sometimes on common rustic land; on protected land usually not.
How do I know where the boundaries are?
We compare cadastre, registry and the reality on the ground.
Can I rent my finca to tourists?
Only with the specific tourist registration for that property.