Viewing and Pre-Contract Checklist for Buying a Property in Mallorca
Short answer: before you sign any reservation or arras contract in Mallorca, inspect the property carefully, ask for the key documents (nota simple, plans, licences, IBI and community receipts) and let your own lawyer review them. Then make sure everything agreed verbally, from furniture to repairs, is written into a contract drafted for your purchase, not an agency template. This checklist covers the stage between finding a property and committing money.
Step 1: Get your NIE early
Every buyer needs a Spanish foreigner’s identification number (NIE) to sign the deed, pay taxes and open a bank account. It can be requested at a Spanish consulate abroad or at a police foreigners’ office in Spain for a small administrative fee, or through your lawyer with a power of attorney. Start early, because appointments can take time. See how to get an NIE number.
Step 2: Inspect the property properly
- Condition: damp, cracks, roof, windows, electrics, plumbing and the pool.
- Recent works: ask when the property was last renovated and whether licences were obtained.
- What is included: furniture, appliances, parking, storage and garden areas.
- Boundaries and access: especially for fincas, check the access road and plot limits.
- Surroundings: noise, neighbouring plots and anything planned nearby.
For older homes, villas and fincas, a technical survey by an architect or surveyor is money well spent.
Step 3: Ask for the documents
| Document | What it tells you |
|---|---|
| Title deed (escritura) | How the seller acquired the property and its description |
| Nota simple | Current registered owner, mortgages and other charges |
| Cadastral reference and data | Area and value recorded for tax purposes |
| Town hall plans and licences | Whether what is built was authorised |
| Cédula de habitabilidad | That the home meets habitability standards |
| Energy performance certificate | Required for sale |
| IBI receipt and community certificate | That property tax and community fees are paid |
| Tourist-rental registration, if any | Whether holiday letting is authorised |
Step 4: Confirm who is selling
Check that the person signing is the registered owner, or has a valid power of attorney, and that all co-owners or heirs will sign. If a spouse or company is involved, confirm their authority.
Step 5: Put everything in the contract
A reservation or deposit contract is not legally compulsory in Spain, but it is common, and once signed it can bind you. Before signing:
- Ask for a contract drafted or reviewed by your lawyer, not a generic agency template.
- Include everything agreed verbally: price, furniture, repairs, completion date.
- Add conditions that protect your deposit, such as satisfactory due diligence or mortgage approval.
- Understand the type of arras and what happens if either party withdraws.
Budget beyond the price: resale purchases in Mallorca pay Balearic transfer tax on a progressive scale, plus notary, registry and legal fees. See property taxes in the Balearic Islands.
Frequently asked questions
Is a pre-contract compulsory to buy property in Spain?
No. It is common practice, but not a legal requirement. If you sign one, it can bind you, so have it reviewed first.
Can I use the estate agent’s contract template?
You can, but it is better to have your own lawyer draft or review it so it protects your interests.
Do I need a survey for an apartment in Palma?
It is less critical than for a villa or finca, but recommended for older buildings, where community works may be pending.
Related guides
Found a property in Mallorca?
Have a lawyer check it before you pay a deposit.
Written by the editors of Property-Lawyers.com. Mallorca property lawyers interested in contributing articles can contact our team. General information, not legal advice.
Sophie Gutenberg is a legal content specialist focused on Spanish property law, real estate transactions, conveyancing, due diligence and tax issues affecting international property buyers in Spain. She works alongside qualified Spanish property lawyers .
