At Welex Lawyers and Economists, we advise both domestic and international buyers throughout the process of purchasing new-build properties in Spain. One of the most common enquiries we receive relates to defects that may arise once the property has been handed over and the legal options available to demand their repair.
If you are buying or have already bought a property under construction in Spain, you may find this article of interest.
Buying a new-build property in Spain
On the Costa del Sol, particularly in Marbella and the surrounding area, numerous new-build developments are currently under construction. These are properties that future owners reserve during the construction phase, making regular payments to finance the development.
Once construction is complete, the public deed of sale is signed before a notary, thereby formalising the purchase and handing over the keys to the property.
Defects following handover of the property in Spain
It is common for buyers, when visiting their property for the first time after handover, to detect one or more faults, such as cracks, damp, damage to the paintwork, defects in the finishes or other issues.
For this reason, developers usually allow a period of approximately 15 days for the buyer to inspect the property and draw up a list of defects. This document will enable the developer to repair the defects identified as quickly as possible.
What happens if the developer fails to respond?
If the developer ignores the list of defects or fails to repair all the defects identified, the owner is not left unprotected.
As well as being able to make a claim directly against the developer, Spanish law provides for certain mandatory guarantees for new-build properties. These include the ten-year structural defects insurance, a guarantee which the Building Regulations Act (LOE) requires developers to take out to protect owners against certain defects that may arise in the property.
Time limits for making claims under the Building Regulations Act (LOE) in Spain
The LOE sets out different warranty periods depending on the type of defect:
- 1 year: defects in finishing or finishes, which normally correspond to those included in the initial list of defects.
- 3 years: defects affecting the habitability of the property.
- 10 years: structural damage that compromises the stability or safety of the building.
For more detailed information on how the ten-year insurance works and the scope of these guarantees, please see our specific article on this subject.
Our recommendation
Welex Lawyers and Economists, based in Marbella and specialising in property law, recommend that, before finally accepting handover of the property, the buyer be accompanied by a specialist surveyor to carry out a full inspection of the property.
Should any defects be detected, this professional will be able to draw up a technical report or a list of defects, thereby facilitating a claim against the developer and, where appropriate, the taking of the relevant legal action within the time limits established by law.
This contribution comes from Ana Sánchez, lawyer at Welex specialised in real estate and urban planning law, with an analytical and client-focused approach.
