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Buying a new build in Spain: guarantees and snagging

Off-plan and new builds come with specific legal protections. What to ask the developer and what to check at handover.

Updated 18 Oct 20262 min read

Protect your deposits

Money paid before completion must be guaranteed by a bank guarantee or insurance policy and paid into a special account. Ask for an individual certificate for each payment.

Documents to request

  • Building licence.
  • Specification sheet (memoria de calidades).
  • Floor plans with useful and built areas.
  • First occupancy licence or declaration before handover.

Warranties

Spanish law (LOE) sets periods from completion: 1 year for finishes, 3 years for habitability defects such as damp or services, and 10 years for structural damage, covered by mandatory ten-year insurance.

Snagging at handover

Inspect every room before signing the handover record. Our new-build inspection gives you a photo snagging list to send to the developer.

Mortgage subrogation

Developers often have a construction loan that buyers can take over (subrogation). You are not obliged to accept it: compare with other banks before deciding.

After handover

Keep a list of any defects that appear in the first year and report them in writing. Communal defects are claimed by the owners’ community.

FAQ

Can I personalise finishes?

Many developers allow changes until a cut-off date; get them in writing.

What if completion is late?

Check the contract for penalties and your rights over guaranteed deposits.

Do I pay VAT?

Yes, first sale of a new home pays VAT plus stamp duty.

Is snagging common in Spain?

Increasingly so among informed buyers.

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