NIE Number For the purchase of a property in Mallorca it is mandatory to apply for a NIE Number (Número de Identidad de Extranjero). The Spanish tax number is a requirement for some things in Spain such as a current account, a rental agreement and much more. You can apply for the Spanish NIE Number (Número de Identidad de Extranjero) at the Oficina de Extranjería in Palma (Carrer de Felicià Fuster, 7, 07006 Palma, Illes Balears).
Whether you are paying for a property in cash or financing the property, you will need a Spanish bank account (Cuenta Bancaria). If you buy the property in cash, you only need the account to pay the running costs of the property. Taxes, electricity, etc. As a tip from us: There are several banks on Mallorca that offer multilingual services. Both the bank advisors and later the online banking are now multilingual at many banks.
Check if the seller is in arrears or up to date with payments. Based on payment receipts, the seller can confirm that all taxes and bills relating to the property have been paid. As a tip from us: If you buy a property in a residential complex, make sure that the community costs have always been paid by the seller. In any case, have the documents shown to you. Otherwise, after purchasing the property in Spain, you can still be held responsible for paying the community fees for 2 years backwards.
One of the most important documents when buying a property in Mallorca is the so-called Cédula de Habitabilidad, in English the certificate of habitability. This states that the property has a correct installation of all electrical wiring and pipes etc. and the property is therefore habitable. A tip on the side: The Cédula de Habitabilidad is also related to a number of people. Per double room = 2 people. So if you want to buy a property with 4 bedrooms, for example, you should ideally have a Cédula de Habitabilidad for 8 people. Is the cedula de Habitabilidad for example issued only for 6 people, there is reason to believe that a room is not registered.
The energy pass is not only a useful document regarding the energy values of the property, but has also been mandatory for sales and rentals since 2013. So make sure the seller can show a valid energy certificate for the property.
The Escritura Pública is a certified copy of the notarized deed of sale. The Escritura Pública is the proof that the property is registered in the land register and the proof that the seller is actually the owner of the property.
The Nota Simple is the extract from the land register. This grants insight into the mortgage debts, unpaid taxes, possible hereditary liens and rights of use as well as the classification of the property (Urbano or Rustico). You can also find out the total square footage of the property, house or apartment in the Nota Simple.
From a purely legal point of view, you can sell a property on Mallorca on a piece of paper. Privately written sales contracts in Spain are still legally valid, but have the disadvantage that the land register entry cannot be updated. The draft and later the final purchase contract should in any case be drawn up by a notary and only signed by a notary.
The option contract is a common part of a property purchase in Mallorca and Spain. In the option contract (Contrato de Arras), the final purchase price is recorded and a down payment, usually 10-15% of the purchase price, is agreed. After transferring the deposit, the buyer now has an agreed period of time to finally purchase the property. If the seller withdraws from the sale, the amount already paid is to be refunded to the buyer. If the buyer withdraws from the sale, he loses the amount already paid to the seller.
In addition to the agreed purchase price, you should calculate around 10-15% in additional costs. There are also costs for the real estate transfer tax, which in Spain depends on the type of property and how high the purchase price is. You can find out how your property tax is here: property tax table Spain.
In addition to property tax, there are costs for notarial certification. The fees for this are set by law and amount to between 800 and 875 euros, depending on the purchase price. You should also consider the cost of appraisals and a lawyer.
We say very clearly: YES! Properly selected legal counsel can protect you from nasty surprises and the associated expenses. In any case, you should have the option contract and all documents related to the property checked by a lawyer.
Buying a property in Mallorca can be a very tedious act, especially if you don't speak the language and don't know the region very well. It is indeed advisable to find a suitable real estate agent in Mallorca. He not only supports you in the search for the right Mallorca property, he accompanies you through the entire purchase process and supports you with contractual formalities. A good broker also has in-depth knowledge of the market and knows where it is worth investing. A real estate agent in Mallorca saves you money and a lot of nerves in the end.