Introduction
Those who decide to purchase a property in Mallorca rarely do so driven purely by investment criteria. For many international buyers, the transaction marks the beginning of a new phase in life: a second home, a base on the island, or a long‑term family project. Yet this aspiration coexists with a natural concern: the sense of entering a different legal system, where documents do not always reflect what exists on the ground and where regulations operate simultaneously at state, regional and municipal levels.
In Spain, and particularly in the Balearic Islands, buying a property involves analysing the asset through different legal lenses that do not function as isolated elements but as layers that must align with one another. No single certificate, register entry or licence provides a complete or reliable picture on its own. Legal certainty depends on the coherence of the whole.
To bring clarity to this process, we use a structured framework based on six legal dimensions, each with its own logic and potential risks. Understanding these dimensions offers a transversal view of the property, allows buyers to identify issues before committing, and transforms a complex decision into a clear and manageable process.
Legal certainty does not arise from any single document, but from the coherence between all the dimensions that define the property.
I. First Dimension: The Physical Reality
Every acquisition begins, inevitably, with the property’s material condition. However, the physical reality often receives far less attention than it deserves. Buyers tend to focus on views, layout or finishes, yet the crucial elements are rarely visible: structural integrity, installations, dampness, latent defects or historical alterations that left no trace in the documentation.
In Spain, there is no legal obligation to conduct a technical inspection before the purchase. A buyer who proceeds without a thorough physical assessment is essentially relying on what is visible and on what is stated by others, with very limited scope for subsequent claims. Liability for hidden defects is restricted to serious, non‑apparent issues and must be exercised within a short period.
A proper physical assessment also verifies whether what has been built corresponds to what has been authorised. A small porch, a pool or a terrace enclosure may seem minor, but if unauthorised, they can compromise future refurbishment plans or even affect the validity of the transaction.
Understanding the physical reality is the first safeguard that allows all other legal analysis to be carried out accurately.
II. Second Dimension: The Civil Reality
The civil dimension determines who is entitled to sell, in what circumstances, and what rights or personal situations may affect the property. Although the Land Registry is a key source of information, it does not always capture relevant civil contexts.
It is not uncommon to find properties linked to pending inheritance processes, ongoing divorces, family homes requiring spousal consent, minors involved in ownership, undeclared tenancy agreements or de facto occupations. Each of these factors influences the seller’s capacity and the scope of the right being transferred.
In higher‑value operations, it is advisable to request detailed seller representations and warranties to clarify their civil and personal circumstances. This is not a matter of mistrust, but a way to eliminate ambiguities that could otherwise lead to disputes.
Documents tell part of the story; contractual representations compel the seller to explain the rest.
III. Third Dimension: The Land Registry Reality
The Land Registry in Spain offers robust legal protection, but only in respect of what is formally recorded. Its content does not always match the physical or planning reality of the property.
Common discrepancies include differences in built area, extensions that were never registered, structures that technically “do not exist” from a registry perspective, or errors in the chain of title. These issues can have practical consequences: difficulties in obtaining a mortgage, delays in registering the purchase, or uncertainty about the validity of part of the title.
A complete registry review should examine ownership, encumbrances, easements, tax annotations, continuity of title, and any inconsistencies between Registry, Cadastre and physical reality. When divergences arise, conditioning the purchase on prior regularisation is often essential.
A purchase is truly secure from a Land Registry perspective when the Registry matches the facts and allows registration without reservations.
IV. Fourth Dimension: The Planning Reality
This is often the most technical dimension, and in many cases the one that most determines the future potential of the property. In Mallorca, planning regulations are particularly strict, and the gap between what exists and what is legally permitted can be substantial.
A property may be properly registered, correctly reflected in the Cadastre, and even possess a certificate of habitability; none of these elements guarantee full planning legality. A proper review requires analysing licences, current planning rules, any infringement proceedings and any “out‑of‑planning” situations.
It is important to understand that the mere passage of time does not legalise unauthorised works; it may prevent demolition in specific cases, but it does not allow renovations, extensions or changes of use. In rural land in Mallorca, administrative practice has become increasingly rigorous, and demolition orders have been executed in recent years where planning regularisation was not possible.
The existence of a structure does not mean it is lawful or that it can be altered in the future.
V. Fifth Dimension: The Administrative Reality
Beyond planning, there are administrative requirements that may condition the use, transfer or development of the property. The certificate of habitability, the energy performance certificate and, where applicable, technical inspection reports are fundamental, but not always available at the time of negotiation.
Other constraints derive from regulations relating to roads, coasts, water resources, public domain, or aeronautical easements. Each has different consequences: some restrict fencing, others affect access, and others may prevent extensions or certain uses.
A particularly relevant example for non‑EU buyers is the requirement for a military permit when acquiring rural land in the Balearics. Without it, the transaction cannot be completed before a notary or registered, which often results in significant delays.
The administrative dimension determines whether the buyer will truly be able to use the property as intended.
VI. Sixth Dimension: The Tax Reality
Taxation accompanies the property throughout its life cycle. At the acquisition stage, the applicable tax varies depending on whether the property is newly built or a resale. In the Balearic Islands, the transfer tax is progressive and can be substantial for higher‑value transactions.
During ownership, annual obligations such as property tax (IBI), waste collection fees, non‑resident income tax and, in some cases, wealth tax come into play. Upon sale, the seller is liable for capital gains tax, and if the seller is a non‑resident, the buyer must withhold 3 percent of the purchase price as an advance payment.
For international buyers, the tax dimension must be understood within the wider context of their global estate, particularly where companies, trusts or cross‑border holding structures are involved.
Appropriate tax planning prevents future contingencies and ensures long‑term stability.
How the Six Dimensions Interact
Although each dimension can be explained separately, in practice the six dimensions operate as a single analytical framework that reveals the property’s true legal position. Ignoring any of them during the due diligence process can lead to unwelcome surprises once the purchase has been completed.
The correct approach is not to review documents in isolation, but to understand whether all available information forms a coherent and consistent picture. Only through a holistic examination of the property can a buyer move forward with the level of certainty required to purchase a home in Mallorca.
When the six dimensions align, uncertainty decreases and the decision becomes informed and secure.
Conclusion
Buying property in Mallorca involves far more than reviewing a contract or obtaining a registry extract. It requires understanding how different legal layers interact, each with its own nuances, risks and implications. The methodology based on six dimensions transforms a complex scenario into a structured and comprehensible analysis, anticipating issues before commitment and giving the buyer a complete view of the asset and its future potential.
Every property is unique and each transaction requires individual assessment. This guide provides a general framework but does not replace tailored legal analysis. Engaging specialised legal advice from the outset is the most effective way to protect your investment and make decisions with clarity and confidence.
Understanding the legal dimensions is the first step to ensuring that the property you fall in love with is also legally secure.