Plaza España 11,
07002 Palma de Mallorca
+34 645 43 53 31
rebaudo@rebaudo.com
Pieregidio Rebaudo, your English-speaking real estate lawyer in Mallorca.
Lawyer of the Balearic bar association (member number 6476). Long experience as a litigator for corporate and contract matters. Since February 2017 Pieregidio Rebaudo works only as a real estate lawyer and exclusively in Mallorca. Hundreds of real estate purchase and sale contracts successfully closed for international clients. Independent, competent, directly contactable, solution oriented, conscient of the broader picture and of the responsiveness needed in a fast-paced business world.
Lawyer of the Bar Association of the Balearic Islands (registered with number 6476).
Why is legal advice so important when buying property in Mallorca?
Get clear answers to all legal questions concerning real estate acquisition in Mallorca. We offer competent, discreet, and independent advice.
Legal certainty for English-speaking buyers
Buying property in Mallorca involves many local particularities. Without professional support, English-speaking buyers can quickly be confronted with legal hurdles, ranging from language barriers to differing legal systems.
Review of purchase agreement and due diligence
As a lawyer specializing in real estate law in Mallorca, we review your purchase agreement, carry out the due diligence process, and identify potential risks at an early stage—before you enter into any financial commitments.
Coordination with notary, realtor & land registry
We support you in working with the notary and realtor and ensure the legally secure registration in the land registry in Mallorca, so that your purchase is completed smoothly and without legal pitfalls.
Frequently Asked Questions
When buying property in Mallorca, many legal questions arise. From purchase contracts and due diligence to notaries and the land registry, as well as taxes and legal security. In our FAQ, you will find answers to the most important topics.
What legal particularities apply when buying property in Mallorca?
When purchasing property in Mallorca, buyers must comply with various Spanish legal regulations. These include obtaining the NIE number (Número de Identificación de Extranjero), which is mandatory before the purchase, as well as specific tax obligations such as the property transfer tax (ITP) depending on the purchase price. Especially in the case of luxury properties, additional urban planning permits and heritage protection requirements must be reviewed. An experienced real estate lawyer ensures that all formalities are handled correctly and that you are protected against costly mistakes.
What is the legal process of purchasing a property in Mallorca?
The property purchase process in Mallorca consists of several legally binding steps: First, a due diligence review is carried out, verifying ownership rights, encumbrances, and building rights in the land registry. Next, a preliminary contract (Contrato de Arras) is signed along with a deposit. The final purchase contract (Escritura Pública) is notarized before a Spanish notary. At the same time, tax returns must be filed and the transfer of ownership registered in the land registry. Legal guidance from a specialized lawyer significantly reduces potential risks.
What taxes apply to property purchase and ownership in Mallorca?
The tax burden when purchasing property in Mallorca is complex: The property transfer tax (ITP) depends of the purchase price. For newly built properties, instead, a 10% value-added tax (IVA) plus stamp duty (AJD) applies. In addition, annual property tax (IBI) must be paid. Upon sale, capital gains tax may apply. Foreign owners must also take the tax regulations of their country into account. Professional tax advice from a specialist lawyer is therefore essential to avoid double taxation and to take advantage of potential tax optimizations.
As an EU citizen, do I need special permits to buy property in Mallorca?
As an EU citizen, you generally do not require special permits to purchase property in Mallorca. However, obtaining an NIE number (tax identification number for foreigners) is mandatory and must be applied for before signing the contract. For coastal properties, additional restrictions may apply under the Coastal Protection Act. Agricultural land exceeding certain sizes requires special permits. A specialized lawyer will review all necessary authorizations in advance and professionally guide you through the application process.
What are the legal consequences of construction defects or hidden issues after buying property?
In the case of construction defects or hidden flaws discovered after purchasing a property, various legal remedies apply: Under Spanish law, warranty rights include repair, reduction of the purchase price, or contract termination in the event of significant defects. The limitation periods generally range from 6 months to 2 years depending on the type of defect. For newly built properties, extended developer warranties of up to 10 years apply. It is crucial to assert claims immediately through legal action. An experienced real estate lawyer can enforce your rights and obtain compensation.
How can I best secure my property investment in Mallorca from a legal perspective?
A legally sound protection of your Mallorca property requires several measures: Comprehensive due diligence before the purchase, including verification of all documents, encumbrances, and building rights. Professional contract drafting with legal support to minimize risks. Tax optimization through suitable ownership structures (corporate structures, estate planning). Insurance coverage for buildings and liability. Regular legal advice for ongoing obligations and changes in legislation. A specialized lawyer will develop a tailored legal strategy for your individual situation and ensure long-term protection of your investment.
Plaza España 11,
07002 Palma de Mallorca
+34 645 43 53 31
rebaudo@rebaudo.com
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