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Buying a home in Spain: Dealing with new property defects

Sometimes new property is not all that we hoped for. There can be teething troubles as the new build settles in. These might just be to do with the finish or, more worryingly, they might on occasion be structural. Either way, the good news is that there are laws in Spain to protect the new property purchaser.


Build defects in SpainThe builder or developer has to take full responsibility for any defects, hidden or visible. The finished product is down to them whether it’s an electrical, plumbing or structural fault, though the claim period does vary depending on the extent and severity of the problem.

For example, simple defects related to the finishing, such as doors and floor tiles are covered for one year, while structural defects relating to the safety, integrity and inhabitability of the property are covered for up to 10.

It is important that you make your claim as soon as you can after spotting the defect.  For structural claims your builder is required to take out insurance and may also have taken out additional, discretionary insurance for habitation. You can also claim if you bought a new property second or even third hand, provided it is within the time period.

If you are buying from a private individual there is less of a guarantee. You will only be covered for six months for hidden defects. It will also depend upon there being any clauses in the contract or deeds.

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Ábaco Asesores

Ábaco Asesores is a firm of lawyers and tax advisers established on the Costa Blanca in 1999. We have clients all over the world and provide legal and tax advice in seven different languages.

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