02 · Notary, Land Registry & Cadastre — the three registers your purchase rests on
*Anyone buying in Mallorca runs into three Spanish institutions that interlock but do not do the same job. The most expensive misconception we see again and again with international buyers: treating the land registry and the cadastre as one and the same — and reading a clean registry entry as proof that a building is legal under planning law. Neither is true. This chapter sorts out the roles the way you, as a buyer, actually need them.*
Notario (notary)#
The notary is a public official, not a service provider you hire to take your side. Their job: to formalise the escritura pública (the public deed of sale), to verify the identity and legal capacity of the parties, to record the means of payment used (part of the anti-money-laundering duty), and to set the registration in the land registry in motion.
What this means for your budget: the notary's fee (arancel) is not negotiable — it is set by law on a sliding scale (RD 1426/1989) and is therefore identical across the country. On a purchase price of around ~400.000 € it runs roughly 800–1.300 €.
What you must not rely on: the notary does not carry out a full check of a building's urban-planning legality, and is no substitute for your own lawyer to handle due diligence on your behalf. The in-depth legal review is your job — or your advisor's.
Poder notarial (notarial power of attorney)#
With a notarial power of attorney you do not have to be present in person for the signing; an attorney-in-fact — in practice often your lawyer — signs in your place. Two ways to issue it: either through a Spanish consulate (in which case it is drawn up directly in Spanish form), or before a notary in your home country with a Hague Apostille and, where required, a sworn translation (traducción jurada).
Our practical advice: keep the power of attorney narrow and tied specifically to the property, and put a time limit on it. That keeps the scope for misuse small — you should avoid a blanket general power of attorney.
Registro de la Propiedad (land registry)#
This is where the legal reality is recorded: who the owner is, what charges (cargas) attach, and whether mortgages, seizures (embargos) or easements (servidumbres) are entered. On the question of ownership this register is decisive, and registration protects the good-faith purchaser.
Nota simple (land registry extract)#
A short, inexpensive extract that shows you the owner and the charges at a glance. If it reads "Libre de cargas", the property is free of encumbrances. For us the nota simple is a mandatory document to check before every purchase — without it, you are signing blind.
Cargas / gravámenes / embargos / hipotecas (charges)#
These include mortgages, seizures, usufruct (life interest), easements and provisional entries. Such charges attach economically to the property, or weigh on it — which is why they belong in the nota simple and must be checked before the purchase, not first at the notary appointment.
Catastro (cadastre)#
The cadastre holds the technical and physical data: location, area, use and boundaries. Every property is given a referencia catastral — a 20-digit code. Among the things built on this data are the IBI (annual property tax), the valor catastral (cadastral value), and the valor de referencia (reference value) that is decisive for tax purposes (→ Ch. 04).
Registro vs. Catastro — how they differ#
Registro de la Propiedad | Catastro | |
|---|---|---|
| Function | legal (ownership, charges) | physical/fiscal (area, value) |
| Department | Ministry of Justice | Ministry of Finance |
| Identifier | finca registral | referencia catastral |
🟡 The two sources can diverge from one another. Discrepancies in area of up to ~10 % are tolerated; anything beyond that can trigger a reconciliation. Since the Ley 13/2015 the land registry and the cadastre have been coordinated with each other (with georeferenced representation). In concrete terms for you: if the figures do not match, sort it out before the purchase — not after.
NIE (Número de Identidad de Extranjero)#
The NIE is your lifelong identification and tax number as a foreigner; it never changes. Practically nothing works without it: it is mandatory for buying property, opening a bank account, taxes and inheritance matters. Worth being clear about — it is not an ID card and not a residence permit.
You apply for it with form EX-15, and the fee is paid via Modelo 790-012 (9,84 €) ✅, at the Policía Nacional / Oficina de Extranjería or a Spanish consulate. (How NIE, TIE and residence differ from one another → Ch. 19.)
Anti-money-laundering (Ley 10/2010) ✅#
Several obliged parties (sujetos obligados) — the notary, bank, estate agent and lawyer — independently verify your identity and the source of your funds. The decisive point, and in practice the biggest stumbling block, is proof of the source of funds (justificación del origen de fondos). Paying the purchase price in cash is effectively ruled out (→ Ch. 03). The legal basis is the Ley 10/2010 (BOE-A-2010-6737).
Energy performance certificate (Certificado de Eficiencia Energética, CEE)#
Mandatory when selling or letting (scale A–G); the seller hands it to you before or at the signing of the deed. 🟡 In 2025 the requirements were tightened (RD 659/2025); on top of that, banks now more frequently require a valid CEE for the mortgage tasación (valuation). Fines run up to about 6.000 €.
Gestoría / gestor#
A private administrative service provider who handles the taxes (Modelo 600/210/211), takes care of the registration in the land registry and carries out the cadastral transfer. Costs typically run around ~300–800 €. For international buyers this help is practically indispensable, because several deadlines run at the same time and no detail can be allowed to slip through.
❓ FAQ#
What is the difference between the land registry and the cadastre in Mallorca? The land registry (Registro de la Propiedad) records the legal position — ownership and charges. The cadastre (Catastro) holds the physical/fiscal data — area and value. The two can diverge from one another, which is why you should reconcile them before the purchase.
Do I need a NIE number to buy in Mallorca? Yes. For the purchase, a bank account and taxes the NIE is mandatory.
Sources (selection)#
- Ley 10/2010 (BOE-A-2010-6737) · Ley 13/2015 (coordination of Registro/Catastro)
- RD 1426/1989 (notary arancel) · RD 659/2025 (CEE)
- Policía Nacional – Tasa 790-012 · Sede Catastro (valor de referencia)