In Spain, unlike in Germany, notaries are public officials who assume a neutral role. Although they are paid by private individuals and companies like their German counterparts, they occupy a key central role in society. Essentially, public office bearers are authorized to notarize contracts such as real estate purchase agreements, as well as other important documents. The services of a notary in Mallorca are therefore used much more often than is the case in Germany. In the following, we would like to clarify the position of a notary in Mallorca and support you in your search for a German notary in Mallorca.
What does a notary do in Mallorca?
A notary in Mallorca is held in high esteem by the population. He is the holder of a public office and, according to Art. 1 of the Ley del Notariado de 28 de mayo de 1862, is authorized to certify contracts, documents and other important papers. Even a power of attorney is only legally valid on the Balearic island if it is in a notarized version. In Germany, this is usually done with a three-liner and a signature. In general, the dignitaries have the task of ensuring that two sides come to an agreement that suits everyone, that the terms of the contract are adhered to and that all actions are carried out in accordance with the law.
Especially for real estate buyers and sellers, notaries in Mallorca are important key persons in handling the formal contract signing and recording.
What else to consider when buying real estate in Mallorca and other current topics can be found on our website in our Mallorca News.
Why is a notary so important for the purchase of real estate?
As soon as you intend to purchase a property on Mallorca, the purchase contract must be certified by a Spanish or German notary for entry in the land register, known here as the property register. Only then will the contract be considered a public document and can be used as a template for the land register entry.
In order to clarify the tasks of a German notary in Mallorca, you will find below the excerpt of the information sheet of the Consulate of the Federal Republic of Palma "German-speaking lawyers/abogados and other representatives of interests in the official district of the Palma Consulate (for all Balearic Islands):
"Anotary is always required when a public deed is to be drawn up. In accordance with Art. 1.280 of the Civil Code, the following matters must be recorded in a public deed: All acts and contracts relating to the creation, transfer, modification or redemption of rights in rem over immovable property;
the lease of such property for 6 years or longer, insofar as third parties may be disadvantaged; matrimonial property agreements and their amendment;
the transfer, waiver and renunciation of the inheritance or rights of the marital community; the power of attorney for marriage, the general power of attorney and the special powers of attorney that must be presented to the court;
the power of attorney for property management and any other power of attorney that has as its purpose an act that must be recorded or recorded in an authentic instrument or that may be detrimental to a third party; the transfer of claims or rights arising from an act that is recorded in an authentic instrument;
In accordance with the Spanish Mortgage Act, in order to be recorded in the land register, the transactions referred to in Art. 2 of the Act (e.g. usufruct, mortgage, easements, etc.) must also be notarized."
Tip: No matter what type of property you want to buy in Mallorca, have the purchase contract checked by a lawyer before signing it. Plan here about 0.5% to 1% of the purchase price.
What does a German notary on Mallorca cost?
A notary in Mallorca also differs from his fees to notaries in Germany. According to the binding fee table, you can expect 0.1% to 0.3% of the purchase price. In addition, there are costs for translation services, for example. In Germany, you have to expect about 1.5 percent of the purchase price.
What does a notary in Mallorca not do?
For example, a notary does not assume any liability for the current status of the land register. The entire fiduciary process is also usually not part of his area of responsibility. He therefore does not usually hold the purchase price as a trustee, so that payment is only made when all conditions for the lawful execution of the purchase contract have been met.
In most cases, the entire purchase price and the land transfer tax due are paid directly at the notary appointment. All parties involved receive a list of all costs in advance. The notary himself does not take care of tax collection in Mallorca. A Gestoria (tax office) is commissioned for this purpose.
Once the purchase deed has been signed by everyone at the notary appointment, the notary sends the documents to the land registry, which now processes the registration within 3-6 weeks. Nevertheless, you can move into your new domicile directly.
What do I need to make an appointment with a notary in Mallorca?
You should provide all the necessary documents and requirements for the appointment with the notary in advance so that the process can be completed quickly and smoothly. These include
- a method of payment (usually bank-confirmed checks)
- Spanish bank account
- Tax number NIE (Numero Identidad de Extranjero)
- Energy certificate
- "Certificado de Comunidad" (Certificate of Community Costs)
- Certificate of habitability
- Building permits
- existing bill of sale
- Cadastral number of the property
We at Neptunus International Real Estate will assist you in compiling all the important documents and will be happy to help you open a Spanish bank account. You can choose a notary on Mallorca yourself.
Find German Notaries in Mallorca
Below we have compiled some important addresses for you. If you decide to buy a property from our portfolio, we will of course support you in all contractual matters and take care of the bureaucratic part of buying or selling a property. With us you benefit from an excellent network of German notaries and lawyers.
Chamber of Notaries of the Balearic Islands:
Ilustre Colegio de Notarios
Address: Via Roma, 4, 07012 Palma, Spain.
Telephone:+34 971 712244, 971 710072, 971 713503
Fax: +34 971 718764
www.notariosdebaleares.org colegio@baleares.notariado.org
German speaking notaries in Mallorca:
Notary Carlos Jiménez Gallego
Paseo Mallorca, 26, entresuelo
07012 Palma
Phone + 34 971-724111
fax + 34 971-722271
carlosjgallego@notariado.org
Notary José Luis Gómez Díez
Paseo del Borne, 23 (entlo.)
07012 Palma
Tel. + 34 971-221199
Fax + 34 971-222200
jlgomez@correonotarial.org
notaria@notariadelborne.com
