What to ask your lawyer before you sign, part of a six-part series on the new-build purchase contract in Spain.
Why acceptance is more than an exchange of keys
The handover of a new build in Spain is the formal moment at which defects should be documented. What is written down now is easier to enforce later. What is missed is hard to prove.
The three LOE warranty periods
- One year for finishing defects: small deviations in workmanship that disturb use.
- Three years for habitability: humidity, thermal insulation, ventilation, leaks.
- Ten years for structural defects: statics, load-bearing structure, essential fabric.
What belongs in a clean handover protocol
Every visible deviation should be documented with photo, location in the house and short description. A handover protocol without deadlines for rectification is only half the job.
The questions that belong on the table
- Who carries out the acceptance, with which experts and over what period?
- How are defects prioritised and with which rectification deadlines?
- What bank or insurance security stands behind the LOE periods?
- What is the process if defects appear in year one, three or ten and the developer no longer exists?
What not to forget on your side
Keep a simple journal throughout the warranty period: date, defect, photo, exchange with the developer. That documentation later makes the difference between a successful claim and a drawn-out dispute.
Written by Valentin Quiroga, lawyer specialising in real estate law on Mallorca. This article does not replace individual legal advice.
The real work starts at handover.
If you have a new-build contract in front of you right now, we walk through it with you in calm and detail. We connect you with Valentin Quiroga, our specialist in real estate law, and stay by your side if you want us to.
