Why buyers get caught out
A lawyer in your home country can review the English translation of a contract, but cannot check a Mallorca planning file, a nota simple or a rustic land rule. Some buyers also rely on a "solicitor" introduced by the agent who is not independent. Check that your lawyer is a practising Spanish lawyer and acts only for you.
Solicitor, abogado and notary: who is who in Spain
| Professional | Role in a Spanish purchase | Acts for you? |
|---|---|---|
| Abogado (lawyer) | Checks the property, negotiates contracts, handles completion and taxes | Yes, if you instruct them |
| Notario (notary) | Public official who certifies the deed and the identities | No, neutral |
| Gestor | Administrative paperwork, not legal advice | Only for paperwork |
| UK solicitor | Advises on English law and UK matters | Not on Spanish law |
| Estate agent | Markets the property, usually for the seller | No |
In Spain there is no separate profession of "solicitor" and "barrister": the abogado does both advisory and court work. When you search for an English solicitor in Mallorca, the professional you are looking for is an English-speaking abogado.
What we do for British and Irish clients
- Buying: due diligence, reservation and arras contracts, NIE, bank account, notary completion and registration. See our property purchase lawyer service.
- Selling: preparing the sale, the 3% retention, capital gains tax and plusvalía. See selling as a non-resident.
- Owning: non-resident annual tax, rental income and tourist licences. See non-resident property tax.
- Inheriting: Spanish wills, the EU Succession Regulation and Balearic inheritance tax. See inheriting property as a foreigner.
Explained the way you are used to
We know which parts of the Spanish system surprise British buyers: there is no "subject to contract" stage once the arras contract is signed, searches are not automatic, the notary does not protect the buyer's interests and the seller's debts can follow the property. We explain each step by comparing it with UK conveyancing, which you can read in detail in our conveyancing page and the conveyancing timeline.
British buyers after Brexit
Since Brexit, UK nationals buy as non-EU citizens. That does not prevent you from buying in Mallorca, but it changes the 90-in-180-days limit on stays, the tax rates on rental income and, in some areas, the need for military authorisation. Our guide for UK buyers after Brexit covers the details, and the end of the golden visa explains the current residence options.
Working remotely from the UK or Ireland
Most of our British clients sign a power of attorney at a UK notary, with the apostille, or at the Spanish consulate. From then on we can obtain the NIE, open a Spanish bank account and complete the purchase on your behalf. You receive written reports in English and approve every step. See NIE, power of attorney and bank account.
How to choose an English-speaking lawyer in Mallorca
- Check that they are a practising lawyer registered with a Spanish bar association.
- Make sure they are independent and take no commission from the agent or seller.
- Ask for a written fee proposal and scope before they start. See legal fees for buying property in Spain.
- Look for experience with Balearic planning, rustic land and tourist licences.
We are the property practice of Castell.law, a Palma law firm with more than twenty years of experience with British, Irish and international clients in Mallorca, Menorca, Ibiza and Formentera.
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 English solicitors in Mallorca
Can a UK solicitor handle my purchase in Mallorca?
A UK solicitor can advise you on English law matters, but the Spanish purchase must be checked by a lawyer qualified in Spain who knows the Balearic registry and planning rules.
Are you English solicitors?
We are Spanish lawyers (abogados) who work in English. That is what you need for a property in Spain, and we can coordinate with your solicitor in the UK.
Will all documents be in English?
Our advice, reports and explanations are in English. Spanish public deeds are signed in Spanish, but we explain them and the notary can arrange a translation or interpreter.
Do I need a lawyer if I am buying from another British owner?
Yes. The property, the taxes and the deed are Spanish, and a non-resident seller triggers the 3% retention the buyer must pay to the tax office.