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Buying a New Property on the Costa del Sol

This guide was written by Manzanares Abogados S.L. (info@manzanaresinternational.com) in collaboration with Guides.Global (office@guides.global).

It was written on 15 June 2016. The law and practice in Spain change all the time. Our guides are updated as frequently as possible - typically every three years - but may be out of date.

Our guides are prepared by professionals from many countries. They are, of necessity, both brief and general and can take no account of your personal circumstances. They are intended to be a good introduction to the subject BUT ARE NO SUBSTITUTE FOR PROPER PROFESSIONAL ADVICE, which our contributors will usually be happy to provide upon request.

The advice and opinions contained in the guides are those of the author and are not necessarily those of Guides.Global.

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The scope of this guide

This guide is about buying a new house or apartment in Spain. By a 'new' property, we mean one that has already been finished but which has not yet been lived in. It does not cover buying a property still under construction. For this see our Guide to Buying Off-Plan Property on the Costa del Sol.

It describes, in particular, how to buy a new property in the area of Andalusia/Andalucía – which contains the Costa del Sol. See a map here. Please note that certain aspects of the law in Spain vary from one "autonomous community" (comunidad autónoma) lightbulb image - click here for more information on this subject to another.

For more in-depth information about the process of buying a property in the Costa del Sol, please read our Guide to Buying a Resale Property on the Costa del Sol.

Introduction

Many people prefer to buy and own new property. There are a number of reasons:

The potential problems of buying a new house

There are three main problem areas when buying a new house:

Guarantees for new properties on the Costa del Sol

These are sometimes called warranties.

By law, the developer is responsible for fixing any major defects that occur within the first ten years from the date when the property is delivered to its first buyer.

'Major' is defined by Spanish law. Basically, it means any structural defects. In other words, if the house begins to subside (sink) or it develops major structural cracks (rather than tiny little cracks from the plaster drying out) or if the roof is defective, the developer will have to fix it.

This will apply both to the main structure of the house and to any ancillary buildings such as garages or swimming pools. It will not apply to things such as garden walls.

The developer will also be responsible for fixing any snagging issues during the first year after the property was first delivered. For more serious defects which relate to the structure, there is a three year period.

Serious defects are defects that are less of a problem than major defects but still more than you would expect from routine repair and replacement.

Serious defects do not include things caused by routine wear and tear, by soiling or by damage outside the builder's control. So, for example, if the outside paintwork of your house becomes grey and discoloured this will not be covered. If the central heating stops working because you allowed the pump to run dry, this will not be covered.

These guarantees are transferable when you sell the house.

Expats' Tips

Have you got experience buying a property in Spain? Tell us about it by emailing office@guides.global.

Conclusion

You either like new property or you hate it. It is usually that, rather than any logical analysis, that will determine what you buy.

If you are buying a new property, your lawyer should make sure that your contract contains all of the necessary clauses protecting your position.

The main thing you will have to think about - if you are not permanently resident in Spain - is how you're going to deal with the problems associated with any snagging.

Other guides of interest

 Description Link 
Buying a Resale Property on the Costa del Sol
This guide is mainly about buying a resale residential property on the Costa del Sol. It covers everything from finding a property to closing the deal and looks at the legal framework that operates when you buy a property in Spain.
Buying a Resale Property in the Costa del Sol
Buying a Commercial Property on the Costa del Sol
This guide deals with the extra things that you will need to take into account when buying commercial property in Spain. By commercial property, we mean things such as offices, shops, bars, restaurants and warehouses.
Buying a Commercial Property in the Costa del Sol
Buying an Off-Plan Property on the Costa del Sol
This guide is about buying off-plan property. By 'off-plan', we mean any property which you buy before it has been physically completed and where you pay more than 10% of the price before you take delivery of the keys and legal title.
Buying an Off-Plan Property in the Costa del Sol
Buying an Investment Property on the Costa del Sol
This guide is about buying property on the Costa del Sol for investment. It looks at different methods of buying property for investment, the risks involved and some factors to consider when deciding whether and what to buy.
Buying an investment Property in the Costa del Sol

You may also want to read:

 Description Link 
The Pros and Cons of Buying a Newly Built Home
A quick look at the good and bad things about buying a new home from Trulia.
new homes pros and cons

Readers' Comments

 

Further information?

We hope you have found this guide useful. If you need any further help, please contact us.

Manzanares Abogados S.L.

15 June 2016


 

This guide was co-authored by John Howell (Email: John.Howell@Guides.Global or John@jhco.org. Web: www.jhco.org or www.Guides.Global)

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