When buying a property in Mallorca any notary would allow a non-owner to transfer the property, but it is necessary to avoid wasting time negotiating or making an offer to a person who is not allowed to dispose of it. I am not only referring to a fraud, sometimes the seller does not have the title to the property, for example because he has not accepted the inheritance by which he acquired it or this inheritance has not been registered in the property register.
The fact that the seller is the owner of the property you are buying in Mallorca does not mean that there is no third party with a right over the property. The most common example would be a usufruct or a preferential right of acquisition but there are others such as the right of habitation, use, passage etc …
It is not unusual for an urban or rustic property to be encumbered with mortgages, embargoes, rights of way or other similar charges. Some can be liquidated before the sale, others are inherent to the property and will remain after the transfer. In this case, before making an offer it is imperative to ensure that the charges will not be a problem in the future.
To buy a property in Mallorca (as in the rest of Spain), it is not necessary to prove its legality. A totally or partially illegal property can be sold before a notary and registered in the name of the new owner. In order to avoid buying illegal property, it is essential to make sure that all the parts were built with a building licence.
If there is an infringement file on a property, no new licences can be applied for, neither to extend nor to reform it.
In addition, a file may have resulted in an order of restitution to the state prior to the infringement, i.e. the demolition of part of the construction.
The new owner may be forced to assume debts left by the seller in relation to the property. This is why it is essential to make sure that there are no outstanding debts and that the settlements that have been made have been done correctly.
This is the document that proves that the property meets the necessary conditions to be able to live in it. If it has expired, the seller must be asked to renew it and if he does not have it, he must obtain it.
This is the certificate of Electrical Installations. If the property does not have it updated, it may mean that when you want to change the supply to your name, the electric company does not allow you to do so.
If the property you are buying is in a shared building, it is important to find out who your neighbours are. It is often the case that in a community there are one or two defaulters, but if the number of defaulters is high it can harm the functioning of the community. On the other hand, it is also important to know with whom you are going to live.
If you are planning to make improvements, reforms or extensions, it is advisable before buying to make sure that it is possible to make them.