Property lawyers in Spain protect foreign buyers and sellers at the points where a transaction is most likely to go wrong: the title, the planning status of the building, the contract and the taxes. Raso Investments acts for international clients buying, selling and holding property in Mallorca, where villas on rustic land, holiday rental licences and coastal rules raise questions that a standard check does not answer. This page explains what a Spanish property lawyer does at each stage and how to choose one.
What a Spanish property lawyer does
The role is wider than attending the notary on completion day. In a typical purchase, your lawyer will:
- Check who owns the property and whether the seller can sell it, including inherited properties and sellers acting through representatives.
- Review the Land Registry for mortgages, seizures, easements, usufructs or other charges, and compare the registered description with the cadastral record and the property as built.
- Confirm the planning position: licences, lawful use, the legal status of extensions, pools and outbuildings, and any open enforcement procedure.
- Check community debts, local property tax (IBI), tenants or occupants and the utilities.
- Draft or negotiate the reservation agreement, the deposit contract and the deed.
- Coordinate the NIE, the bank, the source of funds checks and the completion statement.
- After completion, handle the taxes, the Land Registry filing and the change of utilities.
The aim is simple: to find any problem while you can still renegotiate, add a condition or walk away, rather than after the money has gone. That is also why good property lawyers in Spain insist on seeing documents early, before the agent’s timetable takes over.
Buying property in Mallorca: the checks that matter most
Some risks are specific to the island. Many country houses sit on rustic land, where the rules on what can be built, extended or legalised are strict and where unlicensed works may not be capable of legalisation at all. Properties near the shoreline may be affected by the coastal law. Holiday rental is regulated by the Balearic tourism rules, and an existing licence does not always transfer with the property in the way buyers expect.
We look at these points before you sign any contract that puts your deposit at risk. Our guide to luxury villa due diligence in Mallorca goes into each of them in detail, and the step-by-step purchase process is set out in buying property in Mallorca.
Selling as a non-resident
A non-resident seller faces a specific procedure. The buyer must currently withhold 3 % of the price and pass that amount to the Tax Agency, on form 211, as a payment on account of the seller’s tax on the gain. The seller then files a return to settle the final tax and, where the withholding exceeds it, to claim the difference. The municipal tax on the increase in urban land value (plusvalía) and the cancellation of any mortgage must also be organised before completion.
We prepare the documents and the figures early, so that the completion statement holds no surprises. Our page on selling property in Spain as a non-resident explains the steps.
Owning and letting your property
Ownership brings ongoing obligations: IBI, community charges, and the annual non-resident income tax return even when the property is not let. If you let the property, the income must be declared and the rental must comply with tourism or tenancy rules, depending on its type. Whether you hold the property personally, jointly or through a company affects income tax, wealth tax and inheritance, so that choice should be made with advice before the deed is signed.
Property disputes
When something goes wrong, the first step is to establish what the contract says and to preserve the evidence. Typical disputes involve deposits under deposit contracts (arras), hidden defects discovered after completion, building works that do not match what was agreed, boundaries and community decisions. Many can be resolved by formal notice and negotiation. Others need a claim before the courts in Palma. Our page on property disputes in Mallorca describes the usual remedies.
How to choose property lawyers in Spain
- Independence. Your lawyer should act only for you, not also for the seller, the agent or the developer.
- Timing. Instruct the lawyer before you sign a reservation or deposit contract, not after.
- Local knowledge. Planning and rental rules in Mallorca differ from those on the mainland, and the island’s practice matters.
- A written scope. Agree in writing which checks, documents and filings are included.
- Bar registration. Check that the lawyer is registered with a Spanish bar association and insured.
If you do not speak Spanish, an English-speaking lawyer in Mallorca will explain each document in English before you sign it.
Frequently asked questions
Is a lawyer necessary when buying a home in Spain?
It is not compulsory, but it is strongly advisable for a foreign buyer. The notary authorises the deed and checks its legality, but does not investigate the property, negotiate on your behalf or advise you on planning and tax risks.
Can I complete a purchase without travelling to Spain?
Yes. With a power of attorney granted in your country, duly apostilled and translated where needed, your representative can sign the deed for you. We check the wording before you sign it.
Does buying property in Spain give me residence?
No. The investor visa was abolished in 2025. If you want to live in Mallorca, you need a separate route, such as the non-lucrative visa or the digital nomad visa.
When should I contact a Spanish property lawyer?
As soon as you are seriously considering a property, and certainly before you pay any deposit or sign any document drafted by the agent or the seller.
Next steps
If you are looking for property lawyers in Spain for a purchase, a sale or a problem with a property in Mallorca, write to info@raso.law. Describe the property and its location, the stage the transaction has reached, your country of residence and any deadline. Each enquiry is reviewed individually and answered in writing.