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Hiring a lawyer for buying property in Mallorca is not compulsory under Spanish law. You could, in theory, sign a contract with the seller, go to a notary and register the deed yourself. In practice, foreign buyers who skip independent legal advice are the ones who later discover unpaid debts, illegal extensions or a holiday rental licence that never existed. This guide explains what a conveyancing lawyer does, and why the fee is small compared with the risk it removes.
The estate agent and the notary do not represent you
Many buyers assume the estate agent or the notary will «take care of the legal side». Neither of them works for you.
- The estate agent is paid a commission when the sale completes. Their goal is a signed deal, not a thorough investigation of the property.
- The notary is a public official who is neutral between buyer and seller. The notary checks identities, reads the deed aloud and confirms there are no registered charges on the day of signing, but does not investigate planning status, licences, community debts or the history of the building.
An independent lawyer is the only professional in the transaction whose sole duty is to protect your interests.
What a conveyancing lawyer does, step by step
1. NIE, bank account and power of attorney
Before you can sign anything, you need a Spanish foreigner identification number (NIE). Your lawyer can apply for it, help you open a Spanish bank account and, if you cannot travel, prepare a power of attorney so the purchase can be completed on your behalf.
2. Legal due diligence
This is the core of the work. Your lawyer will review:
- Title and charges in the Land Registry (the *nota simple*): who owns the property, whether there are mortgages, seizures or usufruct rights.
- Cadastre versus Registry: whether the size and description of the property match the reality.
- Planning status: whether all buildings, pools and extensions were built with a licence, and whether any infringement is still open with the town hall or the Consell.
- Habitation certificate (*cédula de habitabilidad*) and energy certificate.
- Local taxes and community fees: IBI, rubbish tax and community of owners debts, which can follow the property to the new owner.
- Tourist rental licence, if you plan to rent the property to holidaymakers.
3. Negotiating the private contract
Most sales in Mallorca start with a reservation and an *arras* contract, where the buyer pays a deposit (usually 10%). Your lawyer drafts or reviews this contract so it includes the right conditions: what happens if the due diligence reveals a problem, if a mortgage is refused, or if the seller cannot deliver the property free of tenants and debts.
4. Completion at the notary
On the completion day your lawyer checks the final deed, verifies that cancelled mortgages are properly discharged, organises payment by bank cheque or transfer, and makes sure the seller’s non-resident tax retention is withheld when applicable.
5. After completion
The work does not stop at the notary. Your lawyer pays the transfer tax (ITP) or stamp duty, registers the deed in the Land Registry, changes the utilities into your name and informs the town hall for local taxes.
Specific risks for foreign buyers in Mallorca
Mallorca has a very particular property market, and some risks are especially common:
- Rustic land (*suelo rústico*): many fincas include structures built without permission. On protected rustic land some infringements never become time-barred.
- Holiday rental rules: licences are strictly limited and apartments in multi-unit buildings usually cannot obtain one.
- Language: contracts and deeds are in Spanish. Signing something you do not fully understand is never a good idea.
- Tax residency: buying a home can affect where you pay tax, and non-residents have annual filing obligations.
Our real estate lawyers in Mallorca handle these issues daily for clients from the UK, Germany, Scandinavia and the United States.
How much does a conveyancing lawyer cost?
Fees are usually a percentage of the purchase price (often around 1%) or a fixed fee agreed in advance. Compared with total purchase costs of roughly 10–14% in the Balearic Islands, and with the value of the property, it is a modest investment. You can read more about our conveyancing services and what they include.
Frequently asked questions
Can the same lawyer act for the buyer and the seller?
It is not recommended. There is a clear conflict of interest, especially when negotiating the contract and deposit conditions.
Can I buy property in Mallorca without travelling to Spain?
Yes. With a notarised and apostilled power of attorney, your lawyer can sign all documents and complete the purchase on your behalf.
When should I contact a lawyer?
Before you sign a reservation agreement or pay any deposit. Once money has changed hands, your negotiating position is much weaker.
Conclusion
Buying a home in Mallorca should be exciting, not risky. An independent lawyer who speaks your language, knows the island’s planning rules and checks every document before you sign is the best way to make sure your dream property does not become a legal problem. The team at Castell.law advises foreign buyers in English, German and Spanish across Mallorca, Ibiza, Menorca and Formentera.
