Sales & non-residents

Selling property in the Balearic Islands: legal help for sellers

A well-prepared sale is faster, closes at the agreed price and avoids last-minute renegotiation. We act for resident and non-resident sellers in Mallorca, Menorca, Ibiza and Formentera: we prepare the documents buyers' lawyers will ask for, negotiate the contract, plan the tax and coordinate completion, including the 3% retention and the capital gains return.

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

Preparing the seller's file

We assemble the documents a careful buyer will request, and fix what can be fixed before the property is advertised:

  • Title deed, Land Registry extract and cadastral certificate, with surfaces aligned.
  • Licences for the house and later works; habitability and energy certificates.
  • IBI and waste tax receipts; certificate of community debts and recent minutes.
  • Tourist rental licence and registration, if the property is let.
  • Mortgage details for cancellation at completion.

Contract and negotiation

We review the buyer's offer and draft or negotiate the reservation and arras contract: price, deposit, deadlines, conditions, what is included, and how retentions will be handled. We avoid clauses that leave the seller exposed to open-ended warranties. See reservation and arras contracts.

Tax for non-resident sellers

ItemRule
3% retentionWithheld by the buyer and paid with Form 211 within one month
Capital gains tax19% on the gain for non-residents, declared with Form 210
RefundIf the 3% exceeds the tax, the excess is refunded
PlusvalíaMunicipal tax on land value; buyer is substitute taxpayer for non-resident individual sellers
Home countryUsually taxes the gain too, with credit for Spanish tax under the treaty

Keep your purchase deed and invoices for improvements: they reduce the taxable gain. Read selling property in Mallorca as a non-resident for the full process.

Completion

We coordinate the notary, the cancellation of your mortgage, the transfer of the price to your account, the handover of keys and the change of utilities, and we file your tax returns afterwards. If you live abroad, we act under a power of attorney.

Inherited properties

Many Balearic homes are sold by heirs. The inheritance must be accepted and normally registered before or at the sale, and all heirs must agree. We handle the inheritance and the sale together; see property tax and inheritance. We are part of the Castell group in Palma; 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.

Questions about selling property

Do I pay tax in Spain when I sell as a non-resident?

Yes, 19% on the gain. The buyer withholds 3% of the price, and you declare the gain to pay the difference or recover the excess.

Can I sell my property if it has an unlicensed extension?

Yes, but buyers' lawyers will find it. It is better to know its status and price it, legalise it or register it before marketing.

Does my tourist licence transfer to the buyer?

Often it can, with the required notification, but the conditions must be checked for each licence and island.

Can you sell my property while I am abroad?

Yes, with a power of attorney signed in your country.

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.