Buying in Mallorca (Spain) post-Brexit

The year is 2021 and Brexit has finally gone through. This means that a few things have definitely changed when it comes to buying abroad in Mallorca, Menorca or Ibiza.

As the UK is no longer part of the European Union, the legalities of buying a property have become similar to those of someone from Australia or the United States of America. This means that there will be more caveats and boxes to tick, but don’t give up on your dream of owning a villa in Mallorca, Menorca or Ibiza as it’s definitely still within reach.

One thing that has been making headlines recently is the supposed military permissions required now when buying a property.

Military Permission was always required

Immediately this will ring alarm bells but don’t be afraid. The “military permission” is essentially a background check that is carried out by the Spanish military but is not as serious as it sounds.

Some context might help here: Spain has had  legislation in place for years that requires non-EU buyers to seek a special permit from the Ministry of Defence in order to buy property within areas considered strategic defence points.

And this isn’t actually a new law either – it was actually drafted in the last year of the Franco regime as a way to protect national security by preventing strategic places being bought up by foreigners. The law came into effect under Royal Decree 689 published in 1978 and exists to this day.

This law has suddenly burst into view of british media because the UK has finally withdrawn from the EU.

Furthermore, this law only affects designated rural areas, but the Balearic Islands and Canary Islands are included. The one exception is urban areas where no permission is required

And if you bought your house in Mallorca before the 31st of December 2020, then you’re safe. There is no retrospective application of the law which means if a property was registered in the name of a British buyer before the end of the Withdrawal Agreement then no special permission is needed.


What is the process to apply for military permission?

Besides all the regular formalities and legalities required when buying in Spain, non-EU foreign buyers of property within designated sensitive zones will have to apply for a permit from the Spanish Ministry of Defence.

To do this they will need to provide a Criminal Record Certificate from their country of residence, accompanied by a certified translation and stamped by a notary as well as detailed plans of the property itself.

The application takes a minimum of two to four months and up to six months but could be delayed further if there is a build up due to sudden increase in applications.

The current situation may appear confusing however it is finally clearing to show a clear path that you can follow to find your dream lifestyle in Mallorca, Menorca & Ibiza.


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