From time to time the press in Mallorca talks about demolitions of illegal constructions on rural land and this makes us wonder how we can know if a property in Mallorca is legal.
It should not be happening. A buyer should worry about the area where he /she wants to buy, the price he /she is going to pay, dream about the decoration is going to put in his new house, but it is absurd that a buyer should worry about whether a property in Mallorca is legal. Yet every day someone buys an illegal property in Mallorca without knowing it.
I will try to be quite schematic starting from the end.
How NOT to know if a property in Mallorca is legal.
Asking the seller. The seller often does not know if the property is legal or not. Town planning has changed a lot in a few years. Before it did not matter. Now, however, legality is essential.
It can also happen that the seller does not know if the property he is selling in Mallorca is legal or illegal. However, he may prefer not to say.
Ask the real estate agent. Real estate agents do an excellent job of marketing. But marketing is not the same as determining legality. They are experts in selling, but they are not real estate lawyers and they work for the seller. So they are not going to break the deal by pointing out potential problems.
Ask the notary. The notary that you go to on the day of the sale certifies that the seller is the owner, certifies that the price is paid, certifies that the transfer of the property and that the documentation is provided, but does not certify the legality.
Check the land registry. The registry of the property does not allow us to know if a property in Mallorca is legal or not. Illegal properties are also registered in the land registry.
Check the Cadastre. As it happens with the Land Registry, the Cadastre has the properties registered without this meaning that it is legal.
Check that it has a certificate of habitability or Cédula. The Habitability Certificate has nothing to do with legality.
So, how to know if a property in Mallorca is legal.
The way to know if a property in Mallorca is legal is by examining the licenses granted by the Town Hall and comparing them with what has been built.
If a house has a license and final de obra and what is built matches the plans that were attached to the license, it is legal. If not, it is not. If it is not, it could be legalize if the size, characteristics and urban qualifications of the plot allows it.
I do not understand urban planning. How can you know if the property is legal?
You can hire a specialized lawyer, or you can ask for a report with the main points to check.
Don’t be tricked into buying a risky property. The authorities in Mallorca are increasing their efforts of prosecuting illegal builds. With this in mind, buying a house without the proper certifications will undoubtedly result in unforeseen consequences. I’m offering you the opportunity to test my expertise with a FREE RISK REPORT of your future property purchase.