Property Law Experts in Mallorca
Considering buying a property in Mallorca? You might be wondering if you need a Mallorcan lawyer.
Below, you can find out how the right independent local lawyer can help the buying process run smoothly, just as it would in your home country.
Ideally, you should find a lawyer early in the process, before signing any paperwork. They can check everything is in order, help you navigate the legal system, and avoid pitfalls. There’s more to buying your property in Mallorca than simply signing contracts, including obtaining an NIE/TIE (foreign identity number). Your lawyer can also advise you on this.
Please note this article is intended as an overview. It’s always best to undertake thorough research and liaise with your chosen lawyer about which services they offer.
Independent & local experts in Mallorca
An independent lawyer is one who isn’t linked to the seller or the estate agent. This means they’re there to protect your interests. It’s important to find an experienced, local lawyer who is an expert in Mallorcan property law.
For example, they should be registered and qualified, with professional indemnity insurance. Further advice on choosing a Spanish property lawyer can be found on the UK government website.
While hiring a lawyer will add to the overall cost of your property purchase, the peace of mind that it brings might be well worth the money. Make sure you budget accordingly and discuss fees and additional extras.
English-speaking lawyers in Mallorca
Navigating a new legal system is complex enough without adding language barriers into the mix. You don’t want misunderstandings between you and your lawyer, or between your lawyer and the parties they deal with.
You can find property law experts in Mallorca who are fluent in English and Spanish/Mallorquin, taking the stress out of communicating. This is especially important if you don’t speak Spanish, but can be very useful even if you do. Buying a property comes with its own niche vocabulary and systems that are more easily understood in your native language.
Navigating a new system
The Mallorcan property market system is different to that in other areas and countries. You need to be sure that you’re undertaking all necessary steps from applying for mandatory residency permits or visas to paying fees.
The conveyancing system works differently to countries like the UK, too. It’s extremely important to cast a professional eye over paperwork, ensuring everything is in order and nothing is missing, suspicious, or incorrect.
Also, there are various taxes and fees to be paid when buying and selling a property in Mallorca, which vary depending on the circumstances. For instance, buyers of new builds pay VAT and stamp duty, while transfer tax is applicable for previously-owned properties.
Your Mallorcan lawyer can help you navigate the system so that the right fees are paid at the right time.
Due diligence
Hiring a lawyer can save you money and stress. Property law experts in Mallorca perform due diligence checks, such as searching the land registry to confirm official ownership and examining charges and debts on a property. That way, you know what your acquiring.
Your lawyer can check a property has proper planning permission (especially older homes) and the right certificates. They might also examine communal obligations in apartment blocks. You can discuss these checks with your lawyer to find out what they plan to look into.
Permits for specific properties
Certain types of properties require specific permits. The right lawyer in Mallorca will be able to help you obtain the correct documents, where possible. For example, if you plan to let your Mallorcan property for tourist stays, you will need an ETV licence. This permit is only granted for properties that fulfil certain requirements.
If your property is in a rural area or near certain urban zones, you may need a military permit. This is because land that surrounds military defence points and bases is considered restricted. Those from non-EU countries need to ask for authorisation to purchase or build in these areas.
Power of attorney
If you want to, you can usually use power of attorney to authorise your lawyer to do things on your behalf. For example, if you’re not based in Spain you might find it difficult to attend meetings or complete paperwork, such as the obligatory completion signature witnessed by a notary.
Finding a property law expert
Once you’ve found a property law expert in Mallorca, you can use the same firm in the future, saving you time. This might be making sure you’re paying the correct ongoing local taxes or fees, for example.
We’ve helped over 1000 clients find the right property lawyer and protect their interests. To find out more about property law experts in Mallorca, please visit our list of lawyers in the Balearic Islands.
