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Buying a home in the Balearics: who does what

Four roles take part in a purchase and they are easy to mix up. Here is what each one does, what it does not do and what to gather before you sign.

Sources checked on 24 October 2026 · 4 min read

General information. It does not replace the advice of a professional.

A hand signing a document with a fountain pen on a light wooden desk.
Photo: Cytonn Photography (Unsplash)

The short version, in a table

WhoWhat they doWhat they do not do
NotaryChecks the identity and capacity of the signatories, authorises the deed and advises buyer and seller impartially.Does not defend only your interests and does not negotiate the price for you.
LawyerAdvises you alone: reviews the legal status of the property and the contracts before you sign.Hiring one is your decision.
Estate agentPuts buyer and seller in touch, shows the property and usually charges a commission.Does not replace the notary or the lawyer.
GestoríaHandles the paperwork with the authorities: taxes, filing the deed with the Land Registry and other formalities.Does not give the legal advice reserved to lawyers.

The notary: the one who signs with you

A Spanish notary is a legal professional and a public official. In a property sale, according to the Consejo General del Notariado, the notary:

  • gives impartial advice to buyer and seller before any step is taken;
  • checks the identity, capacity and powers of the people signing;
  • checks the seller’s title and whether tenants or other occupants live in the property;
  • requests information from the Land Registry and checks that the cadastral reference matches the deed;
  • records how and when the price is paid;
  • and, after signing, files the deed electronically with the Land Registry.

You can choose the notary. The Consejo General del Notariado explains that you can choose whichever notary you like, and it has a notary search. If you take out a mortgage, the law recognises the borrower’s free choice of notary, and the lender must give you the documents (the FEIN, among others) at least ten calendar days before signing Act 5/2019, art. 14.

An arras contract (the deposit) is valid as a private agreement, but it is not enough to register the property or to get a mortgage: you need the public deed.

The Land Registry and the nota simple

Before signing it is worth requesting a nota simple: the extract the Land Registry issues for a property, showing its identification, its owners and the charges in force (mortgages, court seizures known as embargos). It is informative only and does not carry the weight of a formal certificate Colegio de Registradores. To request it you need details of the property or the owner, and you must state your reason for asking.

The nota simple tells you, for example, whether the seller is registered as the owner and whether debts are registered against the house. It does not tell you what condition the property is in or whether it complies with planning rules: for that you need other documents, such as those in the list at the end.

The lawyer: advice for you

The notary advises both parties. A lawyer (abogado) advises you. A lawyer can review the arras contract before you sign it, use the nota simple to check who owns the property and what charges exist, review the documents and the planning status, and go with you to the signing.

Hiring one is your decision, and it is best done before you pay any deposit. Check first that the lawyer is a registered member of the bar (membership is compulsory for lawyers who appear before the courts, LOPJ, art. 544.2): how to check.

The estate agent: shows and negotiates

An estate agent (agente inmobiliario) puts buyer and seller in touch and usually charges a commission. It is worth asking:

Their role is commercial: they do not replace the notary or the lawyer.

The gestoría: the paperwork after signing

An administrative agent (gestor administrativo) is a professional who belongs to a professional body and regularly deals with the authorities on other people’s behalf for a fee, without giving the legal advice that is reserved to lawyers statute, Decree 424/1963. In a purchase, a gestoría usually pays the taxes and files the documents. There is no exact English equivalent.

The taxes on the purchase (without figures)

Before signing: what to gather

The Consejo General del Notariado suggests gathering the following:

  • A nota simple to confirm who owns the property and whether there are charges.
  • A certificate from the owners’ association (comunidad de propietarios) confirming that the seller is up to date with the community fees, and details of any approved special levies.
  • The latest IBI receipt (IBI is the annual property tax).
  • The energy certificate and, depending on the case, the cédula de habitabilidad or the ITE.
  • If the house has a mortgage, the outstanding balance and its terms.
  • If the seller acts through a power of attorney, a certified copy (copia autorizada) of it.

If you are coming from abroad and do not yet have an NIE, see how to get one in the NIE and first steps.

Professionals in the directory

Categories related to this guide:

NotariesLawyersEstate agentsTax and administrative advisersArchitects

Sources and date checked

Official sources checked on 24 October 2026. Procedures, requirements and amounts change: always check the source before you act.

General information. It does not replace the advice of a professional.

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