Buying property in Mallorca does not follow the same steps as buying a home in the UK, Germany or the Nordic countries. Spanish civil law governs the contract, a notary certifies completion, and the property registry works on different principles from the systems most international buyers grew up with. None of this makes the island a difficult place to buy. It makes independent legal advice essential.

Balearic Properties can introduce you to a lawyer who knows Mallorca and answers only to you. If you would rather choose independently, that is straightforward too. Either way, your lawyer's loyalty needs to sit with you, not with the seller, the developer or the agency.

It also makes sense to choose someone based near the area where you are buying. Travel costs stay low, and the same lawyer can usually handle your tax filings once the sale has gone through. But the real question most buyers ask is simpler than any of that: what is this person actually doing for the money?

When to bring your lawyer in

Instruct a lawyer before you sign a reservation contract or hand over a deposit, not after. Once you have paid money against a property, your negotiating position changes, and a lawyer brought in late can only work with whatever has already been agreed. Ideally, the first call to your lawyer happens the same week you decide to make an offer on a property for sale in Mallorca.

How the timeline typically unfolds

Most purchases start with a reservation deposit, which takes the property off the market while your lawyer runs the first checks. The amount varies by property and by agency, but it is common practice for a further payment, often around 10% of the price, to follow within a week or two once a private purchase contract is signed between buyer and seller. At this stage, your lawyer and the seller's lawyer usually agree who covers which outstanding costs, such as the annual IBI or a final utility bill, before completion rather than after.

Completion itself tends to follow 30 to 40 days after the private contract, though this can move earlier or later depending on financing, paperwork, or how quickly the land registry and town hall respond to searches. If you are financing the purchase with a mortgage, your bank's representative attends completion alongside you and your lawyer, and the mortgage is signed and registered on the same day as the title deed.

What your lawyer actually does, step by step

Getting your Spanish NIE number

You cannot complete a property purchase in Spain without an NIE, the Número de Identificación de Extranjero. This number identifies you for every tax and legal transaction on the island, from the deposit to the deed itself. Your lawyer can apply for it on your behalf, either in person at the relevant police station or through a Spanish consulate if you are still abroad. Read more about the process on our NIE guide.

Reviewing and negotiating the contract

The reservation agreement and the private purchase contract are where most disputes start if nobody checks them properly. Your lawyer negotiates the terms, confirms the deposit structure, sets out what happens if either side pulls out, and makes sure the description of the property in the contract matches what you are actually buying.

Searching the land registry

A land registry search (the nota simple) confirms who legally owns the property, how it is described, and whether it is registered at all. It also reveals any charges attached to it, such as an outstanding mortgage, an easement, or a covenant that could limit what you can do with the property later. This search is carried out through the Spanish Property Registry, run by the Colegio de Registradores, and it is one of the first documents your lawyer should request once you show interest in a property.

Checking planning permission and habitation certificates

Your lawyer contacts the local town hall to confirm the property has a valid building licence and that the registered surface area matches what was actually built. This step catches problems that are easy to miss on a viewing: a pool added without permission, a converted attic that was never declared, an extension that never made it onto the plans. Your lawyer also checks for the cédula de habitabilidad, the certificate confirming the property is legally fit to live in.

Verifying the catastro record

The catastro is a separate register from the land registry, and it does not always agree with it. Your lawyer confirms the catastral value and the surface area declared there, and flags any mismatch between the catastro, the land registry and the building licence before you commit to the purchase.

Confirming community charges for apartments and townhouses

If you are buying into a building or a complex with shared facilities, your lawyer checks the community statutes, confirms the seller has paid their community fees up to date, and gets written proof of this. Unpaid community debts on a property can follow the new owner in Spain, so this check protects you from inheriting someone else's bill.

Checking outstanding taxes and debts

Before completion, your lawyer verifies that all general and local taxes on the property, including the annual IBI (the Spanish equivalent of council tax), have been paid up to date by the current owner.

Arranging power of attorney

If you cannot be on the island for completion, your lawyer can arrange a Spanish power of attorney so someone can sign on your behalf. This is common among international buyers who cannot always fly out for a single appointment at the notary.

Attending completion at the notary

Completion happens in front of a notary, a Spanish public official who certifies the identity of both parties and the content of the escritura, the title deed. Your lawyer attends with you, checks the final version of the deed before you sign, and makes sure the figures match what was agreed.

Settling the ITP property transfer tax

After signing, the buyer has 30 days to pay the ITP, the Property Transfer Tax, to the Balearic tax authority, the Agència Tributària de les Illes Balears (ATIB). For resale properties in the Balearic Islands, ATIB applies a progressive scale to the declared value of the property: 8% up to 400,000 euros, 9% on the portion between 400,000 and 600,000 euros, 10% between 600,000 and 1,000,000 euros, 12% between 1,000,000 and 2,000,000 euros, and 13% above that. New-build properties are taxed differently, through VAT and stamp duty rather than ITP. Reduced rates exist for habitual residence purchases under certain conditions, but they rarely apply to the second-home and investment buyers Balearic Properties works with most often. Your lawyer calculates the exact figure and files the payment for you.

Separately, Spanish law makes the seller liable for the plusvalía municipal, a local tax on the increase in land value since they acquired the property. In practice, it is common for the parties to negotiate who actually pays this, so your lawyer should confirm the agreement in writing before completion, not after.

Notifying utility companies and your bank

Once the deed is signed, your lawyer formally notifies the electricity and water companies of the change of ownership and sets up payment arrangements through your Spanish bank account, so the lights stay on and nothing falls through the gap between owners.

Where you are buying matters too

The checks above apply island-wide, but the details change from one area to the next. A finca in the north of Mallorca raises different planning questions from a frontline apartment in Palma or a villa in Puerto Andratx. Older village houses in the west of the island often carry more history with the catastro than newer developments in the southwest. A good lawyer, and a good agent, will already know which of these questions to ask before you do. The same principles apply to properties for sale in Ibiza, though local council procedures there can move at a different pace.

Browse properties for sale in Mallorca

Choosing an independent lawyer

Some agencies offer an in-house lawyer as part of the service. That can work well, but it is worth asking directly whose interests that lawyer is required to protect. An independent lawyer, chosen by you and paid by you, has one job: to tell you if something is wrong, even if that slows the sale down or costs the agency a commission.

A good starting point is Property Lawyers Mallorca, a directory of independent, English-speaking real estate lawyers working across the island. If you want help narrowing that list down to the right specialist for your situation, our guide on how to choose the right property lawyer in Mallorca breaks it down by transaction type.

What this typically costs

Most independent lawyers in Mallorca charge a fee based on the purchase price, commonly in the range of 1% to 1.5% of the transaction, sometimes with a minimum fee on lower-value purchases. Rates vary between firms and depend on how complex the transaction is, so ask for a written quote before you instruct anyone. This fee sits on top of notary fees, land registry fees and the ITP itself, all of which your lawyer should set out for you in writing before completion so there are no surprises on the day.

For a full breakdown of what buyers pay beyond the lawyer's fee, see our guide to costs and taxes when buying property in Mallorca. If you want to understand why this level of legal oversight matters in practice, including a recent example from one of our own transactions, read why legal advice matters when buying property in Mallorca.

Speak to our team before you sign anything

Frequently asked questions

Do I need a lawyer to buy property in Mallorca?

You are not legally required to hire one, but almost every buyer does, and for good reason. The purchase process in Spain relies on checks that are not always visible during a viewing, such as land registry charges, planning irregularities and unpaid community fees. A lawyer catches these before you sign, not after.

When should I instruct a lawyer during the purchase process?

Before you sign a reservation agreement or pay any deposit. Instructing a lawyer early means they can review the contract terms while there is still room to negotiate, rather than checking a deal that has already been agreed.

Should I use the estate agency's in-house lawyer or an independent one?

Either can work, but ask directly who the in-house lawyer is obliged to protect. An independent lawyer, chosen and paid by you, answers only to you throughout the transaction.

How much does a property lawyer charge in Mallorca?

Fees vary by firm and by the complexity of the transaction, but a common benchmark is 1% to 1.5% of the purchase price, sometimes with a minimum fee for lower-value properties. Ask for a written quote before instructing anyone.

What is the ITP property transfer tax on a resale property in the Balearic Islands?

ATIB, the Balearic tax authority, applies a progressive scale: 8% up to 400,000 euros, 9% between 400,000 and 600,000 euros, 10% between 600,000 and 1,000,000 euros, 12% between 1,000,000 and 2,000,000 euros, and 13% above 2,000,000 euros. New-build properties are taxed differently, through VAT and stamp duty.

What happens if I cannot attend completion in person?

Your lawyer can arrange a Spanish power of attorney, allowing someone to sign the title deed on your behalf in front of the notary. This is common practice for international buyers who cannot always travel for a single appointment.