English-speaking property lawyers in Mallorca, Menorca, Ibiza and FormenteraLegal advice in English · Español · Deutsch · +34 680 464 800
New builds · Balearic Islands

New-build and off-plan property lawyer in Mallorca

Buying a new build or off-plan property in Mallorca, Ibiza or Menorca means paying large sums before the home exists, under a contract written by the developer. Spanish law protects off-plan buyers, but only if the guarantees are in place and the contract is right. As your new-build and off-plan lawyer, we check the developer and the licence, secure your payments and follow the project until delivery and registration.

  • Advice in English, Spanish and German
  • Mallorca, Menorca, Ibiza & Formentera
  • Fixed-scope quote in writing

Why buyers get caught out

Off-plan buyers sometimes pay deposits directly to the developer without an individual guarantee in their name. If the project stops or is delayed, recovering that money becomes much harder. The guarantee must be issued for each payment, and payments must go to a special account.

What we check before you sign

CheckWhy it matters
DeveloperCompany, registry, track record and financial position
Land and licenceOwnership of the plot and a valid building licence
GuaranteesBank guarantee or insurance for every payment, in your name
ContractSpecifications, deadlines, penalties and termination rights
Horizontal divisionYour unit, parking and storage, and the community rules
Rental useWhether holiday rentals will be possible in the building

Protecting your payments

Spanish law requires developers of residential property to guarantee amounts paid on account until delivery, with a bank guarantee or insurance and a special account. We check that each guarantee covers your payments, plus legal interest, and that it is issued before you pay. See off-plan guarantees in the Balearics.

Negotiating the contract

Developer contracts tend to favour the developer: flexible delivery dates, limited penalties and broad rights to change the specifications. We negotiate a firm delivery date, your right to terminate and recover your payments if it is missed, the specifications and finishes, and the conditions for any changes. See buying new-build property in Mallorca.

Delivery, snagging and completion

Before completion we check the licence of first occupation, the habitability certificate, the ten-year structural insurance and the registration of the building. We coordinate the snagging inspection with an architect, and we make sure defects are recorded before you sign the deed. Then we handle the notary, VAT and stamp duty and the registration of your title.

Delays and defects

If the developer misses the delivery date, you may be entitled to terminate and recover your payments under the guarantee. After delivery, the developer and the builders are liable for defects for different periods depending on their type. See recovering off-plan deposits and our property dispute service.

This service is provided by the property team of Castell.law in Palma, for new developments in Mallorca, Ibiza and Menorca.

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 off-plan in Mallorca

Is my deposit safe when buying off-plan in Spain?

It should be, if every payment is covered by a bank guarantee or insurance in your name and paid into the special account. Check before paying.

Can I negotiate the developer's contract?

Yes. Developers often accept changes on deadlines, penalties, specifications and termination rights, especially before the project is sold out.

What taxes do I pay on a new build in the Balearics?

VAT on the price and stamp duty on the deed, instead of the transfer tax that applies to resale property.

What if the developer delivers late?

Depending on the contract and the delay, you may be able to terminate and recover your payments with interest under the guarantee.

Found the property? Let us check the law

Call, WhatsApp or email us with the listing, the reservation document or your question. We will explain the legal position in plain English and the next step to take before your money is at risk.