Warranty for New Build Property in Spain: 2025 Guide
Warranty for New Build Property in Spain: 2025 Guide
Everything foreign buyers need to know about legal guarantees
Warranty for new build property in Spain is a crucial protection that many buyers overlook. Spanish law obliges developers to provide several layers of cover — from structural stability to finishing quality — so you can purchase with confidence.
1 · Why do new builds have mandatory warranties?
Spain introduced strict regulations after the 1990s construction boom. Today, Law 38/1999 on Building Regulation (LOE) and Law 20/2015 oblige developers to back every off-plan or key-ready home with insurance and bank guarantees.
2 · Three-tier system of protection
| Coverage period | What’s protected? | Who is responsible? |
|---|---|---|
| 10 years | Structural integrity (foundations, load-bearing walls, beams, slabs) | Developer’s decennial insurance |
| 3 years | Building services and installations (roof waterproofing, plumbing, wiring) | Developer’s insurance policy |
| 1 year | Finishes & snagging (doors, tiles, paint, windows) | Developer — fixes or compensates directly |
3 · Bank guarantees & off-plan deposits
Under Bank Guarantees Act 20/2015, any deposits paid during construction must be covered by a aval bancario (bank guarantee) or insurance. If the developer fails to complete on time, you may reclaim all amounts plus legal interest.
4 · How to make a warranty claim
- List defects in writing and send a burofax (registered letter) to the developer within the warranty period.
- Keep photos, invoices, and technical reports as evidence.
- If unresolved, file a claim through Spain’s civil courts or amicable arbitration; the decennial insurer can be sued directly.
5 · Does location (e.g. Alicante) change the warranty?
No. Warranty periods are set by national law, so buying in Alicante, Málaga, or the Balearics offers identical protection. What changes locally are building permits and quality controls run by each town hall — Alicante city council, for instance, requires extra soil-risk studies for coastal plots.
6 · Tips to maximise your protection
- Request copies of the Seguro Decenal and bank guarantee before paying any deposit.
- Schedule a professional snagging inspection the day you receive the keys.
- Store all correspondence and payment receipts in digital format.
- Use an independent lawyer — not the developer’s — to verify guarantees.
7 · FAQ snapshot
Q: Can I transfer the warranty if I sell?
A: Yes. The remaining years automatically benefit the next owner.
Q: Do rental investors have the same rights?
A: Absolutely. Warranties attach to the property regardless of usage.
Final thoughts
The warranty for new build property in Spain offers up to ten years of legal protection, ensuring your investment remains secure. By checking documents early and keeping records, you can rely on Spanish law to resolve defects quickly and fairly.
→ Explore fully guaranteed new builds in Alicante
