Ibiza Is a Dream — But Property Laws Can Be a Nightmare
Foreign buyers are drawn to Ibiza’s stunning coastline and laid-back lifestyle — but the property market here is also filled with hidden legal risks.
Whether you’re buying a luxury villa, rural finca, or seafront apartment, mistakes can cost you tens of thousands of euros.
At Borderless Lawyers, we help you avoid every legal trap before you sign.
⚠️ 7 Common Legal Pitfalls in Ibiza Property Purchases
1. 🧾 Signing the Arras Contract Too Soon
Agents may push you to sign a reservation or arras agreement and pay a 10% deposit before legal checks.
Risk: These contracts are legally binding. If you pull out later, you could lose your money.
✅ Solution: Let your lawyer draft or review the contract, including conditions for withdrawal.
2. 🔍 Not Doing a Full Legal Due Diligence
Ibiza has many rustic, coastal, or irregular properties. You must check:
-
Land Registry title (Nota Simple)
-
Zoning and urban classification (Catastro)
-
Building permits and licenses
-
Community debts or back taxes
-
Encroachments on protected land or coasts
✅ Solution: We conduct a full legal audit before you commit.
3. 🏗️ Buying Property With Illegal Extensions or Pools
Many fincas or villas in Ibiza have been renovated without the proper licenses.
Risk: You could be fined, unable to get utilities, or required to demolish illegal structures.
✅ Solution: We verify all licenses and cédula de habitabilidad (occupancy certificate).
4. 🧾 Undisclosed Debts and Liabilities
If the seller hasn’t paid IBI, community fees, or has a mortgage, you may inherit the debt as the new owner.
✅ Solution: We check for:
-
Property tax arrears
-
Utility debt
-
Encumbrances or liens
-
Debts with the Town Hall
5. 🧑💼 Relying on the Seller’s Agent or Notary
The seller’s agent is not legally required to protect you. Neither is the notary — they only ensure the document is formal.
✅ Solution: You need an independent buyer-side lawyer who works only for you.
6. ✈️ Buying Remotely Without Power of Attorney
Many foreign buyers want to purchase from abroad but fail to set up proper legal representation.
✅ Solution: We draft and register a Spanish Power of Attorney so we can:
-
Get your NIE
-
Review contracts
-
Sign on your behalf
-
Complete registration and taxes
7. 💶 Underestimating Final Costs
In Ibiza, the real cost includes:
-
ITP or VAT
-
Notary and registry fees
-
Lawyer, POA, translator
-
Annual taxes and potential renovations
✅ Solution: We provide a detailed cost forecast, tailored to your property type and budget.
🧑⚖️ What Borderless Lawyers Does to Protect You
We go beyond just checking documents. We:
-
Investigate the property history and land status
-
Protect your deposit with conditional contracts
-
Handle urban planning and architectural issues
-
Coordinate with English-speaking notaries and banks
-
Represent you from start to finish — in person or remotely
📞 Don’t Let Your Ibiza Dream Become a Legal Disaster
Buy with total peace of mind, backed by a legal team that works exclusively for you.