Who You Need When Buying Property in Mallorca: Lawyer, Surveyor, and Notary
Buying property in Mallorca is an exciting step but it comes with its own legal process and potential pitfalls. The Spanish system works very differently from the UK or Ireland, and knowing who does what can save you significant stress and money.
Here is a clear breakdown of the key professionals you need on your side, and how to minimise the risks.
The Property Buying Process in Mallorca
Before looking at the professionals involved, it is useful to understand the typical property buying process in Mallorca. Most purchases follow a clear sequence: reservation agreement, legal due diligence, private purchase contract, completion before the notary, payment of taxes, and registration of the property.
For international buyers, this process can feel unfamiliar, especially when compared with buying property in the UK or Ireland. That is why having the right professionals in place from the beginning is essential. A good lawyer, a reliable surveyor, and a notary each play a different role in protecting your interests during the purchase.
If you are still researching the market, you can also explore current listings on Mallorca Property or read more about the Mallorca Property Market before making a decision.
A Lawyer (Abogado)
Hiring a conveyancing lawyer is not legally required in Spain, but it is strongly recommended — especially in Mallorca, where a mix of local regulations, Balearic-specific legislation, and a competitive property market can catch buyers off guard.
Unless you have a strong grasp of Spanish law, language, and bureaucracy, you need an English-speaking lawyer to act on your behalf. Ideally they should be based locally in Mallorca or the Balearic Islands, know the local registry and town halls, and come recommended by someone who has used them.
What your lawyer will do:
- Obtain your NIE (Número de Identidad de Extranjero), which you need before you can buy
- Check the property at the Land Registry (Registro de la Propiedad) for outstanding debts, embargoes, or irregular ownership
- Verify planning permission was granted for the property and any extensions
- Review and negotiate the reservation contract and purchase agreement (arras)
- Coordinate with the notary and manage the full closing process
- Pay the relevant taxes on your behalf after signing
Finding a property lawyer in Mallorca: Property-Lawyers.com lists vetted, English-speaking property lawyers across Mallorca and the Balearic Islands. You can also find the Palma de Mallorca specialists directly at property-lawyers.com/balearic-islands/palma-de-mallorca .
The UK government also publishes a list of English-speaking lawyers in Spain at gov.uk/government/publications/spain-list-of-lawyers, though not all offer conveyancing services.
A Surveyor
Property surveys are far less common in Spain than in the UK — but they are just as valuable. The most common issues found in Mallorca properties include damp (particularly in older fincas and town houses), structural movement, roof deterioration, and work carried out without the proper licences.
An experienced RICS-chartered surveyor or specialist architect can save you many times their fee by identifying problems before you commit, or giving you leverage to negotiate the price down. If they find nothing wrong, you buy with peace of mind.
A Notary (Notario)
You will need a notary to formalise the purchase. They draw up the deeds (escritura de compraventa) and witness the signing by both parties.
In Spain, it is the buyer’s legal right to choose the notary — not the seller’s. Since the buyer pays the notary fees, the choice is yours (your lawyer will usually recommend one they work with regularly).
Notary fees are set by law and are not negotiable. They typically range from 0.1% to 0.4% of the declared value of the property, depending on the price. A mortgage adds additional fees.
It is important to understand what a notary does not do: they do not carry out due diligence, check for debts, or advise on whether you are getting a fair deal. Their role is to ensure the documentation is legally correct. They are not a substitute for a lawyer.
Key Risks — and How to Avoid Them
Illegal Builds and Planning Issues
Mallorca has seen significant illegal construction over the decades, particularly in rural areas (suelo rústico). Properties built without proper planning permission can be subject to demolition orders or fines. Extensions or pools added without licence are also common.
Your lawyer will check all permits with the local town hall (Ajuntament) and the Balearic Government (Consell Insular) before you sign anything.
Debts That Transfer with the Property
In Spain, unpaid debts attached to a property — including community fees, IBI (annual property tax), outstanding mortgages, and utility debts — transfer to the new owner on completion. This is one of the most common traps for buyers who do not use a lawyer.
Off-Plan and New-Build Caution
Buying a new development or off-plan property in Mallorca requires extra care. Make sure any deposit you pay is protected by a bank guarantee (aval bancario), and have the finished property professionally snagged before you sign off on completion.
Energy Certificates and Tourist Licences
If you are buying with the intention of renting the property out as a holiday let, check the tourist licence situation before you buy. The Balearic Government has restricted new tourist licences significantly, and many properties cannot legally be rented short-term.
For buyers comparing different property types, it is worth reviewing both apartments for sale in Mallorca and wider property listings by location, such as property for sale in Pollença .
Your Buying Team in Mallorca
ProfessionalRoleMandatory?Lawyer (abogado)Due diligence, contracts, NIE, taxes, registrationNo — but essentialSurveyorCondition and structural checkNo — but recommendedNotary (notario)Formalises and witnesses the deedsYes
Frequently Asked Questions
Do I need a lawyer to buy property in Mallorca?
No, Spanish law does not require buyers to appoint a lawyer, but it is strongly recommended. A lawyer carries out due diligence, checks ownership, reviews planning permissions, verifies debts, examines contracts, and helps protect buyers from costly mistakes.
How much does a property lawyer cost in Mallorca?
Legal fees can vary depending on the complexity of the purchase, the property type, and whether additional services are required. Many buyers should expect legal fees to be around 1% of the purchase price, although this can differ from firm to firm.
What is an NIE number in Spain?
The NIE, or Número de Identidad de Extranjero, is a foreign identification number required for tax and legal purposes in Spain. Foreign buyers need an NIE before they can complete a property purchase in Mallorca.
Should I get a property survey in Mallorca?
Yes, a survey is highly recommended, especially for older fincas, townhouses, rural homes, renovated properties, or houses with extensions. A survey can identify damp, structural issues, roof problems, illegal works, or defects that may affect the value of the property.
What does a notary do when buying property in Mallorca?
The notary prepares and witnesses the signing of the title deed, known as the escritura de compraventa. The notary ensures the documentation is legally correct, but does not replace a lawyer and does not carry out full due diligence on behalf of the buyer.
Can foreigners buy property in Mallorca?
Yes, foreigners can buy property in Mallorca and throughout Spain. International buyers from the UK, Ireland, Germany, Scandinavia, France, Switzerland, and many other countries regularly purchase homes on the island.
What additional costs should I budget for when buying property in Mallorca?
Buyers should normally budget extra for property transfer tax or VAT, notary fees, Land Registry fees, legal fees, and possible mortgage-related costs. The total additional cost is often estimated at around 10% to 13% of the purchase price.
Can I rent out my property in Mallorca?
This depends on the property, its location, and whether a valid tourist rental licence is available. Holiday rental rules in the Balearic Islands are strict, so buyers should always check the licence situation before purchasing a property for rental investment.
Is buying property in Mallorca safe?
Buying property in Mallorca can be safe if the correct legal checks are carried out before signing or paying a deposit. The main risks usually involve planning irregularities, unpaid debts, unclear ownership, tourist licence restrictions, or building defects.
Find a Property Lawyer in Mallorca
Property-Lawyers.com connects international buyers with trusted, English-speaking solicitors across Mallorca, Ibiza, and Menorca. All firms are vetted and experienced in working with foreign buyers.
You can also read their comprehensive guide: Buying Property in Spain — a useful overview of the full legal process from reservation to completion.
Mallorca Property is an independent property portal. We always recommend taking professional legal advice before signing any contract or paying any deposit.
