Law and buyer protection for off-plan and new homes in Spain
The laws that protect buyers of new homes in Spain: guarantees on stage payments, licences, liability periods and the compulsory ten-year insurance.
By Investidad advisory team · Last reviewed 16 Oct 2026
The protections at a glance
BEFORE COMPLETION
Every stage payment guaranteed
Money you pay before completion must be covered by an aval bancario or insurance and paid into a special account used only for the construction. If the home is not built or not finished on time, you are repaid with interest.
Ask for an individual certificate in your name for each payment. Your lawyer should check it before you pay.
AFTER COMPLETION
- 10Structure · 10 yearsFoundations, beams, slabs and load-bearing walls, backed by the compulsory seguro decenal.
- 3Installations · 3 yearsDefects that affect habitability: waterproofing, plumbing, electrics, insulation.
- 1Finishes · 1 yearPaint, tiling, carpentry and fittings, claimed from the builder.
Liability periods under art. 17 of Ley 38/1999 (LOE), counted from the formal acceptance of the works. How guarantees and warranties work
What your lawyer should check
- The building licence covers the project as sold.
- Who owns the plot and what charges are registered on it (Nota simple).
- An individual aval bancario certificate for each payment, and the special account.
- The delivery date, grace period and right to cancel in the contract.
- The building specifications attached to the contract.
