Why Due Diligence is especially important in Mallorca

A property in Mallorca should not be judged solely by location, sea view or amenities. What matters is whether the legal, tax and technical profile matches the actual property. This due diligence checklist helps international buyers to systematically review the key documents before reservation, Arras contract and notarial deed.

The central checklist

Checkpoint	Document or source	What to look for?	Typical risk
Ownership and encumbrances	Nota Simple / Registro de la Propiedad	Owner, shares, mortgages, attachments, easements, usufructs	Seller is not solely entitled to dispose or encumbrances are not cancelled
Cadastral data	Catastro, Referencia Catastral	Plot, use, location, built area, graphical representation	Cadastre, land registry and reality do not match
Approved areas	Building permit, project, certificado final de obra	Living area, pool, extensions, basement, terraces, annexes	Parts are built but not approved
Habitability	Cédula de habitabilidad	Address, places, validity, consistency with use	Problems with sale, rental or utilities
Energy	Certificado de eficiencia energética	Registered energy class, reference, issuer, currency	Missing or unregistered certificate
Ongoing costs	IBI, Comunidad, utilities	Outstanding amounts, payment frequency, special assessments	Old or announced costs appear after purchase
Tourist rental	ETV/VT documents, DRIAT, register, zoning	License number, places, term, transferability, Comunidad	Advertised rentability is not legally sound

Land registry, Nota Simple and encumbrances

The Nota Simple is the first mandatory check. It shows the identification of the property, registered legal owners and registered rights or restrictions. These include ownership, mortgages, usufruct, easements, attachments, prohibitions or other encumbrances.

A paid mortgage is not automatically cancelled from the land registry.
For registered encumbrances, the purchase contract should clearly state whether they will be cancelled before or at the notary appointment and who bears the costs.
For multiple owners, inheritances, companies or powers of attorney, the authority to represent must be checked separately.
Easements, rights of way and utility rights can significantly affect use and value.

Cadastre, areas and urban planning

The Catastro is a tax and descriptive data source, not a substitute for the land registry. The key is the comparison: Do land registry, cadastre, plans, energy certificate, Cédula and actual inspection match?

If the built area deviates significantly, an architect should compare the approved area with the real area.
An area visible in the cadastre is not automatically legally approved under building law.
For rustic properties, parceling, protection categories, access, water, electricity and old building files are particularly relevant.
For coastal proximity, coastal protection, public domain and protection strips must be checked.

Cédula, energy certificate, IBI and Comunidad

The Cédula de habitabilidad certifies the habitability or usability of a dwelling unit. Buyers should check whether it matches the property, is valid and how many places or persons it indicates. The energy certificate is relevant for sale and rental and must be registered.

Before closing the purchase, the latest IBI receipts, garbage fees, utility bills and evidence of other charges should be checked. For apartments and complexes, a current debt certificate from the Comunidad is important; additionally, minutes, special assessments, statutes and legal disputes should be reviewed.

Rental license and open risks

An advertised holiday rental license should never be accepted unchecked. To be checked are DRIAT, register entry, suitable zoning, permitted typology, Cédula, maximum places, community rules and any time limits.

Unauthorized extensions, pools, terrace roofs or guest houses.
Discrepancies between Nota Simple, cadastre, building files and actual inspection.
Missing or unsuitable Cédula.
Unclear water supply, wells, cisterns, electricity connection or wastewater solution.
Properties in coastal, landscape, fire protection, monument protection or rustic protection areas.
Outstanding Comunidad debts, special assessments or legal disputes.

Due Diligence Checklist for Mallorca Properties