Buying a new build in Spain: guarantees, licences and payments to the developer

When buying a home under construction, the buyer finances the property long before receiving the keys. It is therefore necessary to check not only the layout and finishes, but also the developer's rights to the project, permissions, protection of every advance payment and handover terms.

Rules checked on 23 October 2026. Regional and municipal requirements must be confirmed for the specific project.

Who is selling, and on what basis?

Check the developer's legal entity, its representative, rights to the land and encumbrances. The advertised brand may differ from the contracting party. Company information is checked in the Registro Mercantil, and the plot and registered rights in the Registro de la Propiedad. The official route for obtaining registration information is described on the Spanish government portal.

Permission and project parameters

Before payment, request the building licence and compare it with the building, floor, intended use, number of units and common areas. A visualisation does not prove permission. If the project or phase is not yet licensed, the contract must honestly reflect this and provide clear consequences.

How advance payments must be protected

The first additional provision of Ley 38/1999 obliges developers receiving advance payments in the circumstances provided by law to guarantee their repayment with statutory interest through insurance or a bank guarantee, and to receive the funds through a special account. Check the current text of the provision.

Before each transfer, obtain a document linking the guarantee to the buyer, contract, property and amount. Verify the guarantor and account details independently. A general project guarantee or an agent's letter does not always protect a specific payment.

What to record in the contract

• The exact property, area, terraces, parking and storage room.
• Plans and technical specification as annexes.
• The price, taxes, payment schedule and protected account for payments.
• The completion deadline and legally precise consequences of delay.
• Permitted changes to the project and the buyer's rights in the event of a material change.
• Conditions for inspection, remedying defects and key handover.
• Documents required before signing before the notary and moving in.

Do not agree to an unrestricted right for the developer to change the area, materials or deadline. The wording must distinguish an acceptable technical substitution from a material deterioration in the property.

Handover means more than receiving the keys

Before signing before the notary, compare what has been built with the contract, carry out a technical inspection and draw up a defect list with photos and repair deadlines. Check construction completion documents and the permission/declaration required for lawful use under regional rules, the energy certificate, service connections and the condition of common areas.

Construction guarantees

Ley 38/1999 provides different liability periods for specified types of construction defects; the period depends on the nature of the defect and does not mean an automatic payment. Record the acceptance date, document defects promptly and send notices to the appropriate recipients. Do not defer a technical assessment until the end of the assumed period.

Full budget

In addition to the price, allow for IVA and, where applicable, AJD, transaction formalities, a mortgage, service connections, furniture and changes to finishes. Rates depend on the territory and circumstances; an official overview of purchase taxes is published on the Administración General del Estado portal.

Before the first advance payment

Obtain registration information, the licence, draft contract, specification, schedule and draft individual guarantee. Give the set to an independent lawyer. To compare the risks with a completed property, see the article new build or resale home.

The specification matters more than the advertising render

Bring together the materials, sanitary fittings, windows, climate-control equipment, kitchen, lighting, parking, storage room and external works in an annex to the contract. For permitted substitutions, state the quality level and approval procedure. A render may show furniture, landscaping or a view that is not included in the developer's obligations; check the image notes and contractual list.

Monitoring staged payments

1. Before the first advance payment, establish the seller, plot, permission and the mechanism securing your particular payment.
2. Pay only into the account specified in the contract, and keep the contract, guarantee and bank confirmation.
3. Before the next stage, check the contractual basis and any changes to the project.
4. Before handover, obtain the document checklist, an opportunity to inspect and the procedure for recording defects.
5. Once the issues have been remedied, obtain documented confirmation rather than relying solely on a manager's message.

The handover inspection and the period afterwards

Check the property against the specification, take meter readings, test available equipment and record defects with locations and photographs. Distinguish defects that prevent normal use from cosmetic issues; agree access dates for repairs. Statutory liability periods do not remove the obligation to notify the appropriate party promptly and preserve evidence.

If the area, specifications or deadline differ, the consequences depend on the contract and circumstances, so do not sign a statement that you have no claims whatsoever without an independent review. Receiving the keys should not automatically discharge documented obligations.

Changes to the project

Ask for the procedure for notifying changes, limits on permitted material substitutions and the buyer's right to receive updated plans. A material difference in area, configuration, common areas or specifications cannot be assessed solely from a manager's words. Compare each new version with the signed specification and refer the consequences to a lawyer before the next payment. The development's marketing name does not determine contractual obligations.

Keep all versions of plans and specifications with dates and the parties' signatures.

At handover, prepare a single numbered list of issues.