How to buy property in Mallorca: the process step by step
Buying a home in Mallorca follows Spanish law, and the sequence differs from what buyers from the UK, Germany, Austria or Switzerland know at home: a private preliminary contract is common, the notary's role is different, and registration is a separate step after the sale. This guide sets out the stages in their usual order, with the legal basis for each.
The steps at a glance
- Search and viewings
- Instruct an independent lawyer
- Obtain your NIE and plan the payment
- Reservation
- Checking the property (due diligence)
- Private purchase contract with arras
- Signing the title deed before a notary (escritura pública)
- Registration at the Land Registry
- Transferring the cadastre, taxes and utilities
1. Search and viewings
At this stage an estate agent typically handles the shortlist, viewings and contact with the seller; the agent is an intermediary and does not give legal advice. Our current listings are on property for sale in Mallorca, including a selection of villas for sale.
Anyone advertising a property for sale must state its energy efficiency rating, including on websites and portals.
2. Instruct an independent lawyer
A buyer is not required to use a lawyer. But because the preliminary contract, the checks and the tax obligations all come before the notary, many overseas buyers instruct an independent lawyer early – one who acts only for them and is not paid by the seller or the agent. The lawyer reviews the documents in step 5 and the arras contract, and attends the signing. If you cannot be present at the notary, you can usually be represented under a power of attorney; agree the form and any certification with the Spanish notary in advance.
3. Obtain your NIE and plan the payment
Foreign nationals who have economic dealings with Spain must apply to the Directorate-General of the Police for a foreigner identification number (NIE). You apply at an immigration office or police station in Spain, or through a Spanish consulate abroad, with form EX-15 and the fee under form 790, code 012. The NIE is needed for the deed: the notary reports to the tax authorities any deed in which a party's tax number is missing. Apply before you reach the preliminary contract.
In practice, buyers usually open a Spanish bank account for the purchase price and for direct debits such as council tax and utilities. What matters for the deed is that the payment can be traced: the notary records whether the price was paid before or at signing, how much, and by what means – bank transfer, cheque or cash.
If a Spanish bank is financing the purchase, it must hand you the loan documents at least ten calendar days before signing; during that period a notary of your choice explains the contract to you and records this in a separate notarial certificate.
4. Reservation
Many sellers and agents use a short reservation agreement: in return for a payment, the property is taken off the market for a few days while checks begin. There is no statutory form; what counts is the wording. Before paying, confirm in writing what the money is for, whether it counts towards the price and on what conditions it is refunded.
5. Checking the property (due diligence)
The key documents to check:
- Land Registry (Registro de la Propiedad) and nota simple. The nota simple identifies the property, the registered owners and the registered rights and charges, such as mortgages. It is for information only; a registry certificate (certificación) is a public document signed by the registrar. Registered rights are presumed to exist and belong to the registered holder, and a buyer who acquires in good faith and for value from the registered owner, and registers, is protected.
- Cadastre (Catastro). The cadastre records location, area, use and cadastral value, together with the cadastral reference. Its public data can be looked up on the cadastre's online portal. Cadastral data is presumed correct unless shown otherwise, but the legal position shown by the Land Registry prevails. Resolve any discrepancy in area or buildings before the preliminary contract.
- Planning and building permits. To authorise a deed declaring a completed building (declaración de obra nueva), the notary requires, among other things, a certificate from a qualified professional confirming completion in line with the approved project, plus the relevant permits; the registrar checks the same requirements. With country houses in particular, check that the pool, extensions or guest house are authorised and registered.
- Certificate of habitability (cédula de habitabilidad). In the Balearic Islands the island council – in Mallorca, the Consell de Mallorca – issues the cédula, which confirms that a dwelling is fit to live in and is required to occupy or let it. On any sale, a copy of the valid cédula must be attached; if there is none, this must be stated expressly in the contract or deed. A sale without one is therefore possible, but electricity, water, gas and telecoms companies require it for a permanent supply contract, so check beforehand whether it is valid or can be renewed.
- Energy performance certificate. When an existing building is sold, a copy of the registered energy certificate and its label are attached to the sale contract.
- Community of owners. For flats and houses within a community, the property is liable for the previous owner's unpaid service charges for the current year and the three preceding years. The seller must therefore present a certificate of the account at signing; without it the notary may not authorise the deed – unless you expressly waive it.
- Council tax (IBI). The property is liable for unpaid IBI; the notary requests the information and draws attention to it in the deed.
- Holiday lettings. If you intend to let the property to holidaymakers, the question of a licence belongs in these checks. See our guide to the holiday rental licence in Mallorca.
There is one special case for buyers who are not EU nationals, such as buyers from the UK: in certain zones, acquisitions of land by foreign nationals require military authorisation. According to an article by a notary in Palma, in Mallorca this applies to rural land (suelo rústico), not to urban land; nationals of EU countries, Iceland, Norway and Switzerland are exempt. Your lawyer and the notary can confirm whether a specific property is affected.
6. Private purchase contract with arras
Once the checks are done, buyer and seller usually sign a private purchase contract under which the buyer pays a deposit known as arras. This contract is not compulsory, but it is legally valid and binding from the moment it is signed. The size of the deposit is a matter for negotiation; the balance is paid when the deed is signed.
What the deposit does depends on the wording. The Civil Code expressly regulates only one type: where arras have been agreed, the contract can be cancelled with the buyer forfeiting the deposit or the seller returning it twofold. These are arras penitenciales, which allow either side to withdraw. Practice also distinguishes arras confirmatorias, which confirm that the contract has been concluded and count towards the price, and which are the most common, and arras penales, where forfeiting or repaying double is the consequence of a breach, so they work like a penalty clause.
This matters for the drafting: Spain's Supreme Court interprets arras penitenciales narrowly. A bare reference to Article 1454 of the Civil Code is not enough; the contract must set out the right to withdraw clearly, otherwise the arras are treated as a part-payment on a binding contract. A right to withdraw must therefore be agreed expressly – which also lets the other side walk away by forfeiting or repaying double.
The contract also fixes the signing date, the condition at handover, any contents included and freedom from charges. Once both sides have agreed, either can require the other to formalise the sale in a public deed.
7. Signing the title deed before a notary (escritura pública)
Contracts transferring rights over real estate must be executed in a public deed. Signing the escritura counts as delivery of the property unless the deed states otherwise; in practice you also receive the keys at the appointment.
The choice of notary is regulated: everyone has the right to choose their notary; when buying from someone who sells property in the course of business, the choice lies with the buyer, otherwise it is as agreed. Before and at signing the notary checks, among other things, the seller's title, registered charges such as mortgages or attachment orders, payment of community charges and IBI, the energy certificate and the certificate of habitability, and records the means of payment in the deed. By law the seller pays for the deed itself and the buyer pays for the first copy, unless agreed otherwise.
If the seller is not tax resident in Spain, the buyer must withhold 3 per cent of the agreed price and pay it to the tax office as a payment on account of the seller's tax. Your own taxes and costs as a buyer are covered in our guide to costs and taxes when buying property in Mallorca.
8. Registration at the Land Registry
Once the escritura is signed you own the property, but you are not yet on the register. Registration is not compulsory, but it protects you: ownership that is not registered cannot be relied on against third parties. The notary sends an electronic copy of the deed to the Land Registry on the day of signing. The registrar has a maximum of fifteen days from the entry of receipt to register it; the period restarts if defects have to be corrected. Registration only takes place once payment of the taxes due on the purchase has been shown and the deed includes the tax numbers of everyone involved – for you, the NIE.
9. Transferring the cadastre, taxes and utilities
After signing, the notary and the registrar notify the cadastre of the change of owner, provided the cadastral reference has been given; the reference must appear in the deed in any case. Electricity, water, gas and telephone are transferred into your name; the electricity contract requires the cadastral reference, and suppliers need the certificate of habitability or an equivalent document for a permanent contract.
Questions and answers
Can British people buy property in Mallorca?
Yes. You need an NIE, like any foreign buyer. Because the UK is not in the EU, buying rural land may require military authorisation, whereas EU and Swiss nationals are exempt; your lawyer and the notary will check this before the preliminary contract.
Is the arras contract compulsory?
No. It is voluntary but binding once signed. Whether you or the seller can withdraw by forfeiting or repaying double depends on its exact wording.
Is a nota simple enough to check a property?
It shows owners and registered charges on the date of issue, for information only; the notary checks them again at signing. Permits, the cédula and community charges must be checked separately.
How long does it take to buy a property in Mallorca?
There is no statutory timescale. It depends on how quickly the NIE, the documents and any financing are in place; with a Spanish mortgage, at least ten days must pass between receiving the loan documents and signing. Registration follows after the deed has been signed.
Your contact
Tell us the area, type of property and your timescale via our contact form, and we will reply with suitable homes. For the legal checks, we recommend an independent lawyer.
This guide does not replace legal advice from an independent lawyer. Information correct as of 21 September 2026.