Why buyers get caught out
Buyers used to UK or Irish conveyancing assume someone runs the searches automatically. In the Balearics no search happens unless your lawyer requests it, and the deposit contract is usually signed before any check is done. A Spanish arras contract is binding: if you withdraw, you lose the deposit.
Conveyancing in Spain compared with the UK
The stages look familiar, but the order, the documents and the risks are different. This table explains the Spanish equivalent of each step British and Irish buyers know.
| UK / Ireland | Balearic Islands | Who handles it |
|---|---|---|
| Offer accepted | Reservation agreement and fee | Agent, reviewed by your lawyer |
| Local and title searches | Nota simple, Cadastre, planning file, debts | Your lawyer |
| Exchange of contracts | Arras contract with around 10% deposit | Your lawyer and the seller's |
| Mortgage offer | Bank approval, FEIN and notary's advice session | Bank, notary and your lawyer |
| Completion | Signing of the escritura before a notary | Notary, with your lawyer present |
| Stamp duty and registration | Transfer tax (ITP) or VAT and Land Registry | Your lawyer |
Searches: what we check on a Balearic property
We request the nota simple to confirm the owner and any mortgages, seizures, easements or usufructs; compare it with the cadastral record; and review the town hall file to check that every building, extension and pool has a licence and that there is no planning infringement. We also check the cédula de habitabilidad, unpaid IBI and community fees, approved levies and, if relevant, the tourist rental licence. For fincas we add the rustic land rules; for coastal homes, the Coastal Law.
Contracts: from reservation to arras
We draft or amend the reservation and the arras contract so that the deposit is protected: conditions for the searches and the mortgage, a realistic completion date, the list of what is included, seller warranties and the retentions that apply when the seller is non-resident. See reservation and arras contracts and our contract service.
Completion before the notary
In Spain completion means signing the public deed of sale (escritura de compraventa) before a notary. We agree the draft deed with the notary, check the seller's registry position on the day, prepare the payments and attend the signing with you or on your behalf. The notary sends an electronic notice to the Land Registry the same day, which protects you until the deed is registered. See notary completion and Land Registry and completion day payments.
After completion: taxes and registration
Within the legal deadline we file and pay the transfer tax or, for new builds, the stamp duty, and present the deed at the Land Registry. We also notify the Cadastre, change the IBI and utilities to your name and, if the seller was non-resident, file the 3% retention with the tax office. The conveyancing is finished when your title appears registered, not when you leave the notary. See the full conveyancing timeline in Spain.
Conveyancing for sellers
We also act for owners selling in the Balearics: preparing the documents buyers will ask for, reviewing the arras contract, cancelling old mortgages, calculating capital gains and the municipal plusvalía, and recovering the 3% retention for non-resident sellers. See our seller service.
All four islands, one team
Our conveyancing team works from Palma for properties in Mallorca, Menorca, Ibiza and Formentera. We are the property practice of Castell.law, with more than twenty years advising international clients.
Before you pay a deposit, ask a lawyer
Send us the listing or the document you have been asked to sign. An English-speaking property lawyer will tell you what needs checking and what it could cost you not to.
Questions about conveyancing in Mallorca
Is conveyancing in Spain done by the notary?
No. The notary certifies the deed and checks identities and the registry on the day, but does not investigate planning, licences or contracts for the buyer. That is your lawyer's job.
How long does conveyancing take in Mallorca?
For a resale property, usually six to ten weeks from reservation to completion, plus a few weeks more until the title is registered.
Can you do my conveyancing if I live abroad?
Yes. With a power of attorney we handle the full conveyancing remotely and keep you informed by email, phone or video call.
Do you handle conveyancing in Ibiza and Menorca?
Yes. We act on purchases and sales in Mallorca, Menorca, Ibiza and Formentera, taking into account each island's planning and rental rules.