Having real estate law experts in Mallorca is essential to ensure secure, transparent, and legally compliant property transactions.
At Resitax, we have an in-depth understanding of Balearic regional regulations and the local tax framework affecting every purchase, rental, or inheritance.
Why is it important to have a real estate lawyer in Mallorca?
Legal real estate advice is crucial for both individuals and companies, especially in a market with its own regulations and a high international demand.
Legal security in every transaction
A specialized lawyer reviews contracts, checks property encumbrances, and ensures that each transaction complies with all legal and tax requirements.
Savings and conflict prevention
Proper legal planning prevents penalties, unfair clauses, and disputes between owners, developers, or tenants.
Main real estate law services in Mallorca
In Mallorca, real estate lawyers handle all types of matters related to ownership, use, and transfer of properties.
Property sales and transfers
- Drafting and reviewing sale and deposit contracts.
- Analysis of mortgages, liens, and encumbrances.
- Assistance before the notary and coordination with the Land Registry.
Rentals and landlord-tenant disputes
- Advice on residential and holiday rental contracts.
- Claims for unpaid rent or property damage.
- Eviction proceedings and mediation between parties.
Urban planning and licensing
- Legalization of buildings and properties.
- Processing of municipal licenses and occupancy certificates.
- Advice on rustic or irregular land situations.
Challenging community of owners’ resolutions
One of the most common legal conflicts involves challenging resolutions adopted by communities of property owners.
An owner may challenge decisions that are contrary to the law, to the community statutes, or that seriously harm one or more neighbors.
Time limits and requirements
- The general deadline is three months from notification of the resolution.
- The action must be filed by owners who are up to date with payments.
- Resolutions that are null and void can be challenged at any time.
Taxation and legal advice in property transactions
Buying or transferring a property also entails tax obligations.
Our real estate and tax law experts in Mallorca are familiar with all applicable taxes, including:
- Property Transfer Tax (ITP)
- Real Estate VAT
- Municipal Capital Gains Tax (Plusvalía Municipal)
- Non-Resident Income Tax (IRNR)
Advice for residents and non-residents
Mallorca attracts international investors. Therefore, it is essential to plan each transaction considering double taxation treaties and the tax obligations of each country.
Differences between reservation and deposit contracts
Although both are common in property transactions, they have different legal effects:
- A reservation contract temporarily blocks the property without penalties.
- A deposit contract (arras) is legally binding and may result in losing or doubling the deposit depending on which party withdraws.
Protected housing and tenant’s right of first refusal
In certain public or protected housing programs, there are legal restrictions on transfers and rights of first refusal or pre-emption in favor of the administration or the tenant.
Understanding these limitations prevents nullities or administrative penalties.
Conclusion
Having real estate law experts in Mallorca provides not only peace of mind but also legal and fiscal security in every transaction.
Balearic regulations are complex, and professional management makes the difference between a safe investment and a legal problem.
Contact Resitax — Your Real Estate Lawyers in Mallorca
Need legal advice for a property purchase, inheritance, or ownership dispute?
Contact our team for personalized assistance in English, Spanish, or German.
We’ll help you resolve any legal matter related to your property in Mallorca.
