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Buying an Apartment in Mallorca

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Mallorca · Apartments and Communities

Buying an Apartment in Mallorca

The legal, community and building checks international buyers should complete before purchasing a Mallorca apartment.

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Buyer warning: Buying the apartment also means joining its community of owners. Debts, extraordinary assessments, restrictions and unresolved building works can materially affect cost and use.

Apartment due diligence

  • Registry title, floor area, terraces, parking and storage.
  • Seller’s community-fee and municipal-tax position.
  • Community statutes and internal rules.
  • Recent meeting minutes and approved budgets.
  • Existing and proposed extraordinary assessments.
  • Building litigation, façade, lift, roof or structural works.
  • Planning status of enclosed terraces or internal alterations.
  • Occupancy, habitability and energy documentation.
  • Restrictions affecting tourist or seasonal letting.
  • Actual possession and any tenancy.

Terraces, parking and storage

Confirm whether each element is privately owned, an annex to the apartment, common property for exclusive use or merely used informally. The legal classification affects control, maintenance and resale.

Community minutes matter

Minutes can reveal disputes, water ingress, lift works, façade repairs, rental restrictions, unpaid debts and planned assessments. Review several years where the building’s condition or project history warrants it.

Renovations inside the apartment

Removing walls, enclosing terraces, altering façades or moving services may require community and municipal permission. Compare the current layout with authorised plans and investigate recent work.

Contract protections

The completion documents should include the appropriate community-debt position, while known assessments, defects or disputes should be allocated clearly in the private contract.

Frequently asked questions

Can a community prohibit holiday rentals?

Community rules may restrict activities, while tourism law imposes separate requirements. Both positions must be checked.

Who pays an approved extraordinary assessment?

The answer depends on timing, resolutions and the purchase contract. Address it expressly before signing.

Is a terrace always privately owned?

No. It may be common property assigned for exclusive use, which creates different rights and maintenance obligations.

Buying a Mallorca apartment?

Have the title, community documents, alterations, debts and intended use checked before paying a deposit.

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Legal disclaimer: General information only, not legal advice. Planning, tourism, community and property rules are fact-specific and may change. Obtain current written advice before signing or paying funds.

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