Buying a finca in Mallorca. The process

Buying a finca in Mallorca, away from the cities, has become the dream of many expats. It’s nothing new but the Coronavirus crisis has fostered this desire. It seems that we are all planning where to spend the next confinement.

The legal process, the paperwork for buying a finca in Mallorca, is no different from buying in an urban area. However, one of the biggest problems with buying property in Mallorca is that the market is full of illegal fincas for sale.

Buying a finca in Mallorca, legal or illegal?

The easy answer would be to say, legal, always legal. But sometimes, either because of price or because many properties have some illegality, you have to accept that not everything is right.
If the finca has an illegal part it is essential to find out which part is illegal and what the consequences may be in the worst case. The authorities, especially the Territorial Defense Agency, are becoming increasingly strict in their policy against illegalities.

Shouldn’t the seller inform about the legality?

Yes, he /she should, but sellers do not do it, often because they do not know and sometimes because they want to sell.

As the Notary only requires as a formality the certificate of occupancy and a certificate indicating the energy efficiency of the property (and can dispense with its delivery), the sellers understand that fulfilling the formal requirements is equivalent to the legality of the property. This is not the case

Shouldn’t the estate agent inform about the legality of the property?

No. The estate agent is a salesperson acting on behalf of the seller. Real estate agente may be essencial wen buying a finca in Mallorca, but keep in mind he / she only has the information that the seller gives him and the vast majority of agents have no legal knowledge. They are experts in sales, not in town planning or law.

The process of buying a finca in Mallorca, or other property in Mallorca has been developed in this post. Go on it and if you have any doubt do not hesitate to contact me.

I am offering the opportunity to prove my abilities by giving you a free custom report regarding the potential risks of your future property purchase.