Learn about Life in Southern Spain
Living, working and breathing the Costa del Sol since day one
Living, working and breathing the Costa del Sol since day one
Buying a new build property in Spain follows a structured process, but it differs significantly from purchasing a resale home—especially if you are buying off-plan. Below is a clear, step-by-step guide to help you understand exactly what to expect and how to protect your investment at each stage.
Step 1: Define Your Budget and Requirements
Before starting your search, establish a realistic budget that includes not just the purchase price but also additional costs (typically 10–15%).
Decide on:
Location (coastal, city, rural)
Property type (apartment, villa, townhouse)
Purpose (holiday home, investment, permanent residence)
Step 2: Research the Developer and Project
Not all developers are equal, so due diligence is essential.
Check:
Developer’s track record and reputation
Previous completed projects
Financial stability
Confirm that the project has:
A valid building licence (Licencia de obra)
Approved planning permissions
Step 3: Reserve the Property
Once you choose a property, you will usually pay a reservation fee to take it off the market.
At this stage:
The property is held for you
A reservation contract is signed
The fee is typically non-refundable unless legal issues arise
Step 4: Appoint an Independent Lawyer
This is a critical step. Your lawyer should be independent from the developer or agent.
Your lawyer will:
Verify legal documentation
Check planning permissions
Ensure there are no debts or legal issues
Review all contracts before you sign
Step 5: Sign the Private Purchase Contract
After legal checks, you will sign a private purchase contract (Contrato de compraventa).
This document outlines:
Purchase price
Payment schedule
Completion date
Specifications of the property
At this point, you will typically pay a percentage of the purchase price (often 10–30%).
Step 6: Make Stage Payments (If Off-Plan)
For properties under construction, payments are made in stages.
Important:
Each payment should be protected by a bank guarantee (Aval bancario)
This ensures your money is safe if the project is not completed
Never proceed without confirming this protection.
Step 7: Monitor Construction Progress
During the build period:
Stay in contact with the developer
Request updates and timelines
Be prepared for possible delays (common in new builds)
Step 8: Completion and Final Checks
Before completion:
Ensure the First Occupancy Licence (Licencia de primera ocupación) is issued
Inspect the property thoroughly
Create a snagging list for any defects
Do not rush this stage—this is your opportunity to ensure everything meets the agreed specifications.
Step 9: Sign the Title Deed at the Notary
Completion takes place in front of a notary.
At this stage:
You pay the remaining balance
You sign the title deed (Escritura)
Ownership is officially transferred
You receive the keys
Step 10: Register the Property and Pay Taxes
After completion:
The property is registered in your name at the Land Registry
Taxes and fees are paid, including:
VAT (IVA)
Stamp Duty (AJD)
Notary and legal fees
Step 11: After-Sales and Guarantees
New build properties in Spain come with guarantees:
1 year – minor defects
3 years – structural or habitability issues
10 years – major structural defects (Seguro decenal)
Report any issues promptly to the developer.
Final Thoughts
Purchasing a new build property in Spain can be a straightforward and rewarding process if approached methodically. The key is to combine careful legal checks with a clear understanding of each stage.
CONTACT DETAILS:
https://thespanishestateagent.com/en/
T: +34 951 51 69 05 E:
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