If you want to buy a property in Mallorca or already own one, a certain understanding of Property law in Mallorca necessary. In this article, we will give you an overview of important topics regarding property law in Mallorca and Spain. We will also answer frequently asked questions so that you are best informed about Mallorca property law.
Property search
Before you begin, Property in Mallorca to search for, you should think about, What type of property are you looking for? and which platforms are suitable for this. You can contact a Estate agent how to contact Marcel Remus, who can help you find a suitable property. Alternatively, you can also search online yourself; for example, feel free to browse our portfolio and discover your dream property.
In our portfolio, we offer the following options concerning “buying property in Mallorca”, among others:
If you found something suitable, take your time and visit View the property in person. If both parties agree, you may then contact the seller or the estate agent directly to begin the purchase process and finalise the purchase agreement. This is a legally binding document that sets out the purchase price, the terms of the sale, and the obligations of both parties.
As a general rule: Anyone can buy property in Mallorca; there are no restrictions for foreigners.
Property Law in Mallorca (Spain) vs. Germany
Property law in Mallorca differs from that in Germany.
For one thing, in terms of a Private purchase agreement is already legally effective for a property in Mallorca, without the need for a deed of transfer or registration in the Land Register. Nevertheless, it is advisable to register in the Spanish Land Register, particularly in order to assert ownership rights against third parties.
The second difference between property law in Mallorca and in Germany is that under Spanish law, pursuant to Art. 1278 CC, also a Oral agreement effective with regard to a property.
More differences between Mallorca and Germany Find in our property comparison Germany–Mallorca:
The purchasing process
In order to be able to purchase a property, property law in Mallorca stipulates that you must have a Tax number, the N.I.E., possess.
Property transactions in Germany absolutely require notarisation, whereas in Spain, according to Article 1278 of the Civil Code (Spanish Civil Code) also legally binding privately concluded contracts.
We still recommend notarisation by a Spanish notary, as this will result in a land registry entry and ensure evidence is secured.
The notary is an independent legal professional who approves the purchase agreement and ensures it complies with applicable laws and regulations.
The notary will also ensure that the purchase agreement is correctly signed and that all applicable fees, such as the Transfer Tax (ITP) and Notary and Land Registry Fees to be paid.
Review the purchase agreement Then, thoroughly, before signing it. Ensure all conditions of the sale (purchase price, payment terms, and title transfer) are correctly listed. Once you have signed the purchase agreement and all payments have been made, the notary will register the title transfer at the Land Registry. We recommend seeking advice from a solicitor or an independent expert to ensure the purchase agreement is correct and that your interests as a buyer are protected.
Tip: What do I need to consider when buying property? Our checklist will help!
What is needed for a property purchase
To be able to buy a Spanish property, you will need, at the latest by the time the purchase deed is signed by the notary, a Spanish tax identification number.
We also recommend that you open a Spanish bank account so that you can pay electricity bills, property taxes, and other charges by direct debit.
Before you buy a property, you should not only familiarise yourself with property law in Mallorca, but specifically check the following points:
- Land registry status of the property Check the “Escritura Pública” (public deed), which is the purchase deed registered in the property register. The extract from the property register contains the identification number of the regional property register, a code for the property, as well as a nationally valid identification (unique registration identification number for the property). Ensure that all details match the current condition of the property – for example, all square metres and parts of the building must be registered in the property register. To do this, you can check a current extract from the property register („Nota Informativa Simple“). The nota simple contains information about the property itself (e.g., house, land, commercial property) as well as its use (e.g., residential, commercial, agricultural), in addition to the address and square metreage. Although it is not stipulated in property law in Mallorca that a registration in the property register must be made upon a change of ownership, we strongly recommend it. For buyers, information regarding possible debts, encumbrances or restrictions on the property is also important, for example, whether there are any pending legal proceedings.
- New build The Certificate of occupancy provides information on whether the property meets certain minimum requirements. These include a specific size, sanitary facilities, and required basic technical equipment. Check if the seller has such a certificate of habitability.
- Land purchase: Check what can and cannot be built on a property before you buy it. You can obtain a certificate for this from the municipal architect of the relevant municipality if you submit an application.
- Council property tax on property purchaseThe “Impuesto sobre Bienes Inmuebles” (short for “IBI” = annual property tax) is levied by the municipality and should be paid by the seller before signing the public deed of sale.
Taxes and fees
In dem Moment, in dem Sie eine Immobilie auf Mallorca kaufen, müssen Sie verschiedene Kostenpositionen berücksichtigen. Taxes and fees In addition, you should take into account the incidental purchase costs (approx. 1–2 % of the purchase price).
These include notary fees, land registry fees, Gestoria fees, and solicitor fees.
Furthermore, it is helpful to get assistance with ancillary costs, as property taxation has recently been quite confusing. While some taxes have been lowered (e.g. income tax), others have been increased (e.g. property transfer tax).
The taxes incurred can be divided into one-off and ongoing taxes, and there are also taxes that arise on sale. Below is a brief overview (no guarantee of completeness! Please seek comprehensive advice or consult a lawyer if necessary!):
One-off taxes
- Property Transfer Tax (ITP) When you buy a second-hand property, you will have to pay property transfer tax. The amount of this tax is determined by the individual regional authorities. In the Balearic Islands, for example, the tax burden is tiered according to the purchase price:
- on the first €400,000 of the purchase price: 8 % tax
- between €400,000.01 and €600,000: 9 %
- between €600,000.01 and €1,000,000: 10 %
- between €1,000,000.01 and €2,000,000: 12 %
- over €2,000,000.01: 13 %
With a purchase price of 800,000 euros, the initial charge is 8 % of 400,000 euros = 32,000 euros, then 9 units of % on the first 200,000 = 18,000 €, and finally 10 units of % on the remaining 200,000 € = 20,000 €. The total tax liability is therefore 70,000 €.
- VAT Anyone buying a new property must pay value-added tax (IVA) on it. The tax rate depends on the type of property and is, for example, 10 % for residential properties including two garage spaces. For commercial properties, the tax rate is 21 %.
- Deed/Stamp Duty In the Balearic Islands, the registration/stamp duty has been 1.5 % since January 2023, but rises to 2 % for purchase prices exceeding €1,000,000. You have one month from the date of signing the notarial deed to make the payment.
- Gift tax Anyone who receives a property as a gift must pay gift tax. Unlike German property law, which provides for high tax-free allowances for close family members, property law in Mallorca (or in Spain) does not provide for such allowances. Instead, a uniform, moderate tax rate of 7 % applies to gifts between direct relatives and between spouses and civil partners.
- Inheritance tax In the past, inheritance tax for non-residents was very high, whereas the tax for residents was lower. However, on 3 September 2014, the European Court of Justice called on the Spanish legislature to treat residents and non-residents equally. Since 2016, an inheritance tax scale has been in force in the Balearic Islands. For example, estates of close relatives up to €700,000 are subject to 1 % inheritance tax, whilst those over €3,000,000 are subject to 20 %. It is best to find out about current tax rates and the relevant region if you are dealing with such a case.
Ongoing taxes
- Property tax (IBI) Property tax is levied by the relevant local authority on the value of rural and urban land, based on the cadastral value. The tax is payable annually. The owner of the property, the holder of a heritable building right and the usufructuary are liable for the tax. The tax rate ranges from 0.4 % to 1.1 % (for developed plots) or from 0.3 % to 0.9 % (for undeveloped plots), although this depends on the specific local authority.
- Income Tax (IRPF): A distinction is made here between using the property for one’s own purposes and letting it out. If a non-resident uses the property for holiday purposes, tax of 19 % is payable on 1.1 % of the cadastral value. If, for example, the cadastral value is €400,000, 1.1 % of this is €4,400; of this, 19 % tax amounts to €836. In the case of letting, 19 % tax is payable on the rental income, although various costs such as interest on mortgage loans etc. are deductible.
- Wealth tax For all property situated in Spain, the tax rate for non-residents ranges from 0.2 % to 3.5 %. In the case of property, the highest of the following values must be used: either the cadastral value, the purchase price or the value determined by the tax authorities.
Taxes on sale
- Income tax on capital gains: Under property law in Mallorca and Spain, any non-resident who sells a property in Spain is liable to pay tax on it. The basis for this is the calculated profit, on which 19 % tax is payable.
- Tax deduction (3 %): In order to secure the expected capital gains tax, the Spanish tax authorities levy a tax of 3 % of the notarised purchase price. The buyer must withhold this amount and pay it to the tax office within one month to cover the seller’s capital gains tax.
- Capital Gains Tax (Plusvalia) In addition to income tax, the seller must also pay the so-called capital gains tax, which is levied by local municipalities. This taxes the increase in value of land and property since the last notarised transaction. The cadastral value is used for the calculation, as well as the duration of ownership and the relevant municipality's calculation factor. The capital gains tax has a payment deadline of 30 days. Since November 2021, there has also been a new calculation method, according to which the actual increase in value is determined using the original purchase price and the current selling price.
House occupations – current legal situation
Squatting Home invasions by so-called 'okupas' (squatters) are a major problem in Mallorca, particularly concerning holiday lets and second homes: intruders enter the building, change the locks, and then live in the property.
The legal situation in Germany is clear: such behaviour, entering someone else's property and living there, is illegal and punishable.
In Spanish jurisprudence too, home burglary and occupation are punishable, however, the police are only permitted to enter the home within the first 48 hours Clear out.
Afterwards, squatters have a right to remain. The Spanish constitution grants residents a right to dignified and adequate housing, which complicates the eviction of occupied properties.
If the occupation is only noticed after 48 hours and the locks have already been changed, the owner is no longer allowed to enter the property.
Only through a court order can he have the property cleared – which can take months or years.
The legal situation regarding squatting has changed in the Coronavirus pandemic amended, so that owners have since had difficulty evicting squatters when no violence or intimidation is involved. Security measures such as alarm systems, signs, and camera surveillance can help protect property.
You want to know how you to resist a squat Can?
Conclusion
Property law in Mallorca is a comprehensive subject and legal area, and could only be touched upon here at best. It is important to know that property law in Mallorca, or Spain, differs from that in Germany. When purchasing property, be sure to consider all necessary documents, paperwork, and any applicable fees and taxes, and make sure you are registered in the land registry when buying a property. If you require assistance, please feel free to contact us or a specialist lawyer!
FAQ – Frequently Asked Questions about Property Law in Mallorca
What does property law encompass?
Property law encompasses all legal issues relating to property rights. It includes the rights of the owner, the obligations of the owner, the rights and obligations of the buyer, the rights and obligations of tenants and landlords, inheritance law, compulsory auctions, property tax, land register entries, rental and lease agreements, building requirements for properties, and much more.
Property law is also crucial for property management, including the creation and amendment of rental and lease agreements, processing payments, and enforcing claims. It also governs the relationships between landlords and tenants, including the legal rights of both parties.
2. What taxes are payable when buying property in Spain?
When purchasing property in Spain, various taxes are incurred. These include both one-off fees and ongoing taxes. One-off taxes include property transfer tax, value-added tax, notary/stamp duty, and, if applicable, gift tax or inheritance tax. Ongoing taxes include property tax, income tax, and wealth tax.
3. How much is the property tax in Mallorca?
Property tax in Mallorca is calculated on the basis of the specific property and its cadastral value. The current tax rate ranges from 0.4 % to 1.1 % for developed plots of land. Property tax is levied once a year and applies to the owner of the property for as long as they remain the owner. If the property is sold, the property tax is transferred to the new owner, who is then liable for the tax.
4. Can I, as a foreigner, buy property in Mallorca?
Yes, foreign nationals can buy property in Mallorca, but they must observe certain authorisations and restrictions.
5. How is the property market in Mallorca developing?
In recent years, the Mallorca property market positively. Demand for property on the island continues to rise, particularly from foreign buyers from Northern Europe and Great Britain. This has led to an increase in prices, especially for luxury properties. However, the market remains stable as demand does not exceed supply and the government has taken measures to control speculative activities. The property market in Mallorca is expected to remain stable in the future, as the island continues to be a popular tourist destination and an attractive place to live and work.