Why villa buyers get caught out
The advert sells the lifestyle: six bedrooms, a pool house, sea views. The licence may describe a three-bedroom house. Unlicensed elements affect finance, insurance, tourist licences, renovation and resale, and they are much cheaper to deal with before the deposit than after.
Title, boundaries and charges
We confirm the registered owner and every charge: mortgages, seizures, usufructs, easements, rights of way and options. We compare the registered plot with the Cadastre and, if needed, a survey, because boundaries in older villas often follow walls rather than documents. See the nota simple explained.
Map every physical element against permissions
| Element | What we look for |
|---|---|
| Main house | Original licence, end-of-works certificate, habitability |
| Extensions | Licence or date to establish whether enforcement has expired |
| Pool and terraces | Licence, occupation limits, setbacks |
| Guest house or annex | Legal use: dwelling, storage or agricultural |
| Garage, pergolas, walls | Licences and impact on built area |
An architect dates unlicensed elements using aerial photographs and records. Buildings that cannot be legalised may be "out of planning": they can usually be maintained but not extended. Read legalising illegal buildings.
Rural, coastal and protected-land questions
Many villas stand on rustic land under the Mallorca island plan. The category decides what can be extended or legalised, and whether the 2024 extraordinary legalisation procedure is available. Seafront villas may fall within the Coastal Law's protection easement; villas in the Tramuntana or near natural areas face further limits. See rural property in Mallorca.
Water, electricity and wastewater
Check whether the villa is connected to a network or depends on a well, a cistern or water deliveries; whether the well is authorised; the electricity supply's capacity; and whether the septic system complies. These questions affect daily life as much as legality.
Tourist rental
If the villa is let to holidaymakers, the licence must be valid, cover the real capacity and be transferable. Unlicensed bedrooms cannot be added. See buying with a tourist licence in Mallorca.
Turn findings into contract protection
- Price reduction reflecting legalisation costs or risk.
- Retention of part of the price until a certificate or legalisation is obtained.
- Seller obligations before completion, such as registering old buildings.
- Specific warranties on licences, debts and disputes.
- A right to withdraw with the deposit refunded if a condition fails.
Our team covers Mallorca from Palma with independent architects. For other legal matters in English, see Castell.law.
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.
Frequently asked questions
How long does villa due diligence take in Mallorca?
Usually two to three weeks, longer if town hall archives or aerial records must be searched.
Can I buy a villa with an unlicensed pool?
Yes, if you understand the risk, the legalisation options and the effect on value and finance.
Do I need an architect as well as a lawyer?
For villas, yes. Dating and measuring buildings is technical work that feeds the legal conclusions.
What if the villa is on protected land?
Unlicensed elements remain at risk indefinitely. The price and contract must reflect that.