Why buyers get caught out in Mallorca
Many Mallorca villas and fincas grew over decades: a guest house, a pool, a covered terrace, a converted garage. Some parts were licensed, many were not. On protected rustic land the authorities' power to act never expires. Buyers who discover this after paying an arras deposit have little room to negotiate.
What we do for buyers in Mallorca
- Legal due diligence: Land Registry, Cadastre, licences, planning, community and tourist licence.
- Contracts and deposits: reservation and arras contracts drafted around your risks.
- NIE and remote representation: so you do not need to travel.
- Notary and registration: completion, payments, taxes and title registration.
- Selling: preparation, the 3% non-resident retention and capital gains.
Where we act in Mallorca
| Area | Typical property | Main legal focus |
|---|---|---|
| Palma | Apartments, old town houses, Son Vida villas | Community, heritage, holiday-rental ban |
| South-west (Andratx, Calvià) | Sea-view villas, marina apartments | Licences on slopes, coastal law, communities |
| Tramuntana (Sóller, Deià, Valldemossa) | Stone houses, terraced fincas | Protected land, access, water |
| North (Pollença, Alcúdia) | Village houses, coastal apartments, fincas | Rentals, rustic land, coast |
| South-east (Santanyí, Felanitx) | Village houses, fincas, cove homes | Natural areas, unlicensed annexes |
| Interior (Pla de Mallorca) | Rural fincas, town houses | Rustic land category, wells, boundaries |
Read our local guides to buying an apartment in Palma, Andratx, Sóller and the Tramuntana and Alcúdia and Pollença.
Rustic land, licences and legalisation
Most of Mallorca outside the towns is rustic land governed by the Balearic rustic land act, the Mallorca island plan and each municipality's plan. Whether a finca can be extended, whether a pool can be added and whether an old annex can be legalised depend on the land category and on the date and licence of each building. The extraordinary legalisation procedure approved by the Consell de Mallorca in 2025 helps some buildings on common rustic land, but not those on protected land. Our guide to buying rural property in Mallorca explains the checks.
Tourist rental in Mallorca
A tourist rental licence can be a large part of a property's value. Palma prohibits holiday letting in apartments, and since 2025 new tourist places in apartment buildings are prohibited across the Balearic Islands. Houses can be licensed only where zoning and available places allow. We verify any existing licence before you commit: see buying a property with a tourist licence in Mallorca.
Costs and taxes
Budget for transfer tax on resale properties (a progressive Balearic scale) or VAT and stamp duty on new builds, plus notary, registry and professional fees. Non-resident owners then pay annual non-resident tax and the municipal IBI. See Mallorca purchase costs and taxes.
A Palma firm that knows the island
We are part of the Castell group of law firms, based in Palma for more than twenty years. For other legal matters in English, see Castell.law. We also act in 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 buying property in Mallorca
Do I need a lawyer to buy property in Mallorca?
It is not compulsory, but it is the only way to have someone check the property and the contract exclusively in your interest. The agent works for the seller and the notary is neutral.
Can I buy a finca in Mallorca and extend it?
Only if the existing buildings are legal and the land category and plot size allow more built area. Many fincas have no scope to extend.
Can I rent my Palma apartment to tourists?
No. Holiday letting of apartments is prohibited in Palma. Long-term letting is allowed under tenancy law.
Do you work outside Palma?
Yes. We act for buyers and sellers throughout Mallorca and on the other three islands.