Where clients get caught out
Unlicensed extensions on rustic or protected land can be subject to demolition orders and cannot always be legalised. Discovering it after completion leaves you with the problem and no one to claim against.
Checks specific to villas
| Check | What we look for |
|---|---|
| Licences | Original building licence, extensions, pool, first occupation |
| Cadastre vs reality | Built surface and outbuildings registered |
| Land classification | Urban or rustic land, protection areas |
| Coastal law | Distance to the shore and easements |
| Water and access | Water supply, wells, rights of way |
| Tourist licence | Registration, number of places, transfer |
Negotiating the price and the contract
When our checks find a problem, we turn it into contract terms: a price reduction, a retention to cover legalisation, or conditions that allow you to withdraw and recover the deposit. Villas are often sold with furniture and boats or cars; we list them in the contract.
Buying in your name or through a company
Buying through a company changes taxes on purchase, ownership and sale, and is not always advantageous for a private holiday home. We compare both with our tax lawyers before you decide.
Renovating after the purchase
If you plan to renovate or extend, we check what is allowed before you buy and coordinate the architect and licences afterwards. See planning lawyer and project management.
Example: buying a villa in Mallorca
Based on situations we commonly see; not a specific client. A Swiss buyer of a sea-view villa in Puerto Pollensa wanted to add a second floor. Our planning check showed the plot was within the coastal protection zone, where the extension was not allowed. He bought a different villa where the project was feasible.
Our collaborators for buying a villa 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 villa in Mallorca
What should I check before buying a villa in Mallorca?
Licences of every part, the cadastre, the land classification, coastal law, debts and any tourist licence.
Can an illegal pool be legalised?
Sometimes, depending on the land and the date; we check before you buy.
Is it better to buy a villa through a company?
Not always; we compare taxes with you before deciding.
Can I rent out my villa to tourists?
Only with a valid tourist rental registration that covers the property.