New Developments · Buyer Protection
The legal and financial checks international buyers should complete before reserving a Spanish property that is under construction or not yet built.
The buyer commits before the finished property can be inspected. The contract, approved project and financial protections therefore carry exceptional importance. Marketing plans and show-home specifications should not be treated as substitutes for the legally binding documents.
Spanish law provides protections for sums paid in advance for qualifying residential construction. The precise protection and claim route depend on the transaction and documentation. Buyers should obtain and retain evidence identifying the amounts protected, the property and the guarantor or insurer, and should pay only into the designated account advised after legal review.
The contract should define the property, annex plans and specification, fix the price and payment calendar, identify the completion trigger and deal with delay, material changes, defects and failure to obtain required occupancy documentation. Any sales promise about views, facilities, rental use or delivery date should be reflected in binding documentation.
Before signing the public deed, the buyer’s advisers should review completion documentation, the legal status of the finished works, occupancy requirements, utilities, insurance and Registry description. A snagging inspection is useful but does not replace legal or technical due diligence.
Verify the account holder, payment purpose and protection before transferring funds.
Understand exactly which approval is missing and do not rely on informal assurances.
Uncontrolled rights to change size, materials or design may undermine what you believe you are buying.
Appoint an independent lawyer who acts only for you.
Protection depends on the legal and factual arrangement. Have the reservation document and payment route reviewed before transferring money.
Your rights depend on the contract, the seriousness of the delay and applicable law. Preserve all notices and obtain advice before accepting extensions.
Only within the legal and contractual framework. The contract should limit substitutions and address material changes clearly.
Have an independent lawyer review the developer, licence, guarantees and contract before paying the reservation.