Buying a New-Build or Resale Property in Pollença: Legal Differences International Buyers Should Know

Buying a property in Pollença, in northern Mallorca, is a significant decision for international buyers seeking an authentic area with good connectivity and high real estate demand. One of the first questions is whether to opt for a new-build property or a resale home, as both options have relevant legal differences that are important to understand before proceeding.

This article explains the main legal differences between buying new-build and resale properties in Pollença, helping you make an informed decision and avoid surprises during the purchase process.

1. Differences in Purchase Taxes in Pollença

New-Build Property

Purchasing a new-build property in Pollença is subject to:

• VAT (10%) on the purchase price

• Stamp Duty (AJD)

  
  

These taxes apply when the seller is a developer and the property is being sold for the first time.

Resale Property

Purchasing a resale property in Pollença involves:

• Property Transfer Tax (ITP)

  
  

The tax rate may vary according to the price bracket, so it is important to calculate this cost correctly before formalizing the transaction.

2. Legal and Technical Status of the Property

New-Build

For a new property in Pollença, it is essential to verify:

• Building licence and first occupancy licence

• Developer guarantees

• Building manual

• Final building certificate

  
  

These guarantees protect the buyer against possible construction defects within the legally established periods.

Resale Property

For resale properties in Pollença, it is key to check:

• Correct ownership

• Any encumbrances or mortgages

• Urban planning status

• Consistency between cadastre, registry, and physical reality

• Energy efficiency certificate

  
  

3. Deposit Agreement and Advance Payments

For both new-build and resale, signing a deposit agreement (arras) is common, with practical differences:

• New-build: payments are usually made in stages during construction

• Resale: the period between the deposit and the public deed is typically shorter

  
  

Before making any payment, buyers must fully understand the legal consequences and deadlines.

4. Deadlines and Property Handover

New-Build

Delivery depends on the stage of the development in Pollença. It is important to review:

• Estimated delivery date

• Penalties for delays

• Contract termination conditions

  
  

Resale Property

For resale properties, handover is usually immediate after signing the deed before a notary and making the payment.

5. Signing Before a Notary

In both cases, the purchase is formalized via a public deed before a notary. Essential requirements include:

• Possession of an NIE

• Proof of fund origin

• Understanding the deed content

  
  

Many foreign buyers choose to grant a notarial power of attorney if they cannot be present in Pollença on the day of signing.

6. Registration at the Land Registry

After signing, the property must be registered at the Property Registry corresponding to Pollença. This step ensures legal security and correct property ownership.

Importance of Local Advice in Pollença

Choosing between new-build and resale in Pollença is not only a matter of price or style, but also of legal safety. Having a local real estate advisor in Pollença, experienced with international buyers, helps identify risks and coordinate the entire purchase process correctly.

Conclusion

Both new-build and resale properties offer interesting opportunities in Pollença, but present significant legal differences that should be analyzed before making a decision. With proper information and local professional advice, the purchase process can be safe and transparent.

Are you considering buying property in Pollença?

Before signing any documents or making advance payments, it is recommended to speak with a professional familiar with the Pollença real estate market and legal framework.

👉 Contact a real estate advisor specialized in international buyers in Pollença for clear guidance before taking the next step.

Frequently Asked Questions (FAQ) About Buying Property in Pollença

Which is better to buy in Pollença, new-build or resale?

It depends on the buyer profile. New-build properties offer guarantees and lower initial maintenance, while resale homes often have more established locations. Legally, both options require different checks before purchase.

Do new-build and resale properties pay the same taxes in Pollença?

No. New-build is subject to VAT and AJD, while resale is subject to ITP. Knowing this difference is key for budgeting.

Is it safer to buy a new-build in Pollença?

New-build properties have developer guarantees but also require reviewing licences, delivery times, and contract conditions. Safety depends on proper professional guidance.

What should I check legally before buying a resale property in Pollença?

It is essential to verify ownership, registry encumbrances, urban planning status, and that the property matches what is recorded in the Property Registry.

Do I need an NIE to buy property in Pollença?

Yes, the NIE is mandatory for all foreign buyers for both new-build and resale properties.

Why is it important to have a local real estate advisor in Pollença?

A local advisor knows the market, real prices, common procedures, and legal particularities in Pollença, helping foreign buyers avoid common mistakes.