You’ve finally done it: you’ve bought a new-build property in sunny Spain. Whether you’re dreaming of long siestas by the coast or a modern apartment in a vibrant city, buying a new home is exciting. But what if you discover defects after the handover? No worries!
Spain has clear legal warranty periods for construction defects.
Here’s a straightforward explanation; no legal jargon, just the facts.
Three Types of Defects, Three Warranty Periods
Spanish law (Ley de Ordenación de la Edificación, or LOE) classifies construction defects into three categories, each with its own warranty period:
- 1 Year – Minor Defects and Finishes
These are the so-called “snags” or cosmetic flaws: peeling plaster, uneven tiles, squeaky doors, and so on. The builder is liable for these for one year from the handover date. This is called the “garantía de acabado.”
>Tip: Inspect the property thoroughly at handover and report any issues in writing as soon as possible.
- 3 Years – Defects Affecting Usability
This goes beyond aesthetics; think damp issues, leaks, or inadequate insulation. These defects affect the habitability of the home. The developer or builder is liable for three years.
>Note: This period also starts from the official handover date (certificado de final de obra).
- 10 Years – Structural Defects
For serious structural faults, like subsidence or cracks in load-bearing walls, the builder is liable for ten years. A special insurance policy is mandatory in Spain for this: the “seguro decenal.”
>Good to know: This insurance only covers structural elements such as foundations, columns, and load-bearing walls.
Hire a Specialized Lawyer
Although the rules are clear, reality can be different. Builders don’t always respond quickly or fairly, and legal procedures in Spain can be slow. That’s why it’s highly recommended to hire a lawyer with experience in Spanish real estate law, especially if there are serious or structural issues.
A good lawyer will:
- Help gather evidence and documentation;
- Send formal legal notices;
- Know the local procedures and judges;
- Prevent your rights from expiring due to time limits.
>Tip: Choose a lawyer who speaks your language and understands Spanish new-build developments. This avoids misunderstandings and a lot of headaches.
A Few More Practical Tips
- Document everything: Take photos, save emails, and communicate in writing;
- Ask for the “Libro del Edificio”: It contains important info about construction, warranties, and contacts;
- Watch the official handover date: Warranty periods start from this date, not when you get the keys;
- Work with the homeowners’ association: In apartment buildings, the comunidad de propietarios often manages collective issues.
Conclusion
Buying a new-build home in Spain is a dream, but don’t be caught off guard by legal pitfalls. The law offers protection as long as you know what to watch for and act in time. With attention to detail and an experienced lawyer by your side, you’ll be well-prepared to enjoy your Spanish dream home stress-free.
Ilonka Dekker