17 · Property Types & Forms of Ownership — what the listing and the land register really tell you
*Whether it's an ático or a possessió, full ownership or the distinctly Mallorcan alou: on Mallorca you'll meet terms that sound harmless in a brochure but, in the land register, decide the value, the permitted use and the risk of your purchase. This chapter sorts them out from the buyer's point of view.*
The property types you'll encounter#
The type of a property already tells you a great deal about what is legally possible — and what isn't.
fincais the umbrella term for any landed property. The crucial distinction is between
finca rústica (rural land, with only limited building rights) and finca urbana (urban land). For you as a buyer this is one of the most important points of all: what you may build or extend on a rústica is restricted.
- The
finca registralis the unit as recorded in the land register. It need not match the
cadastral parcels exactly — a source of possible discrepancies.
- In the residential segment you'll see
casa de pueblo(village house),chalet,
villa, adosado (terraced house) and pareado (semi-detached house).
- Among apartments, distinctions are drawn between
ático(penthouse),dúplex,
estudio, apartamento/piso (flat), and planta baja/bajo con jardín (ground-floor unit, with garden).
- In the upper rural segment, the
possessió/finca señorialdenotes a large Mallorcan
country estate, and the casa payesa a traditional farmhouse. Both are frequently heritage-listed (under monument protection) — a factor you should factor into any renovation or conversion idea from the very outset.
solar/parceladenote a building plot, with thesolarreferring specifically to a
build-ready urban parcel.
Forms of ownership — who owns what, and how securely#
Behind the word "ownership," Mallorca conceals a whole spectrum. Anyone who doesn't look closely here may, in case of doubt, be buying fewer rights than they think.
pleno dominiois full ownership, and is made up ofnuda propiedad(bare ownership) +
usufructo (usufruct, the right to use and enjoy).
- With
nuda propiedad&usufructo(usufruct), a separate sale is common practice: the
nuda propiedad is sold subject to a reserved lifelong usufruct. This brings a price discount, but you only gain the use of the property once the usufruct expires. The Hacienda (Spanish tax authority) calculates the usufruct value using the formula 89 − age (in %). For you that means: a cheaper way in, but possibly years without any access of your own to the property.
proindiviso/copropiedadstands for co-ownership in undivided shares. The **`extinción de
condominio` (dissolution of this co-ownership) usually triggers only AJD ~1 %** (stamp duty) rather than ITP — a noticeable tax advantage that can become relevant when structuring a joint purchase.
multipropiedad/aprovechamiento por turno(timeshare, Ley 4/2012) is not genuine
ownership. The term "multipropiedad" is in fact prohibited by law. If something like this is being sold to you as "ownership," that is a clear warning sign.
VPO/VPPare social/subsidised housing units carrying price and disposal restrictions that
apply throughout the entire protection period.
servidumbreis an easement; theservidumbre de paso(right of way) is a central issue,
especially with fincas — without a secured right of way, a dream location can quickly become a problem.
derecho de tanteo y retractois a right of first refusal that may belong to tenants,
neighbours or public authorities.
A Balearic peculiarity: censo / alou / lluïsme ✅#
In the Balearic Islands there exist historic forms of divided ownership (a kind of long lease / emphyteusis) that you won't find in this form on the mainland. With the alou/alodio, every transfer for value of the use-ownership triggers a laudemio (Cat. lluïsme) (a transfer levy). ✅ Following the reform, the rate stands at 0.5 % (Ley 7/2017, Compilación Art. 56; previously 1 %). This charge can be redeemed (redención). In practice this means: always check the land register before you buy.
Areas & the land register — where the figures diverge#
With square metres in particular, close scrutiny pays off, because several area figures exist side by side and rarely match exactly.
superficie útil(usable floor area) sits opposite theconstruida(built area, roughly
útil × 0.80–0.85), alongside the registral (registered area) and the catastral (cadastral area). 🟡 Discrepancies between these figures are common — reconcile them before you buy, or you may end up paying for floor area that doesn't actually exist.
- The
referencia catastral(cadastral reference) is 20 digits long. The **`coeficiente de
participación denotes the co-ownership share, while deslinde/linde/colindante`** refer to boundary and neighbour.
declaración de obra nueva(declaration of new construction) anddivisión horizontal
(horizontal division into separate units) describe the legal recording and division into land register units.
Sources (selection)#
- Compilación DLeg 79/1990, Art. 56 (alou), Ley 7/2017 · Ley 4/2012 (timeshare)
- Código Civil (servidumbre, tanteo/retracto) · Ley 13/2015 (Registro/Catastro)