Buying a new-build home offers modern specifications and often better energy efficiency, but the project, developer and contract still need careful checking. Take particular care with homes sold before construction is complete.
Check the developer and the land’s legal status
Ask an independent lawyer to verify the seller, title to the land, any charges or encumbrances, and the administrative documentation. Establish which permits have been issued, whether the project matches what is being marketed and whether planned changes to the development are permitted. Marketing materials are no substitute for documents.
See also our guide to buying a home in Spain.
Advance payment protection and the payment schedule
The contract should specify the dates and amounts of instalments, along with the arrangements for protecting advance payments where the relevant legislation applies. Verify the account you are paying into and the documents covering payment protection. Do not assume that every reservation form automatically gives you the same refund rights.
Specifications and the true cost of finishes
Request a detailed memoria de calidades: the specification of materials and fittings. Check the air conditioning, hot water system, insulation, shutters, kitchen appliances, fitted furniture and communal elements. Establish whether the fittings shown in the renderings are included in the price. If the project changes, ask exactly what the contract guarantees.
Keep these points in mind when comparing new-build homes in Spain.
Completion date and handover documents
Alongside the stated construction completion date, establish the terms that apply to delays and which documents are needed to occupy the home legally. At handover, prepare a snagging list, check the installations, surfaces and condition of the terraces, then record the agreed deadlines for repairs. Keep warranties, manuals and technical documentation.
Does buying directly from the developer save on commission?
How agents are paid depends on the sales model. A claim of “no commission” does not in itself prove that a purchase offers better value or that there are no other costs. Compare the total purchase price, the scope of services, each party’s responsibilities and the independence of the legal advice.
Summary
A good new-build development is about more than location and appealing design. What matters most is the documentation, protection of your funds, a precise contract and a careful handover inspection. Buyers should receive all key information in writing.
Frequently asked questions
Is it worth using an independent lawyer?
Yes. Reviewing the documents and contracts protects the buyer’s interests.
Are the rules the same throughout Spain?
No. Some procedures and taxes depend on the region and municipality.
What should I check in the materials and fittings specification?
Check the air conditioning, hot water system, insulation, shutters, kitchen appliances, fitted furniture and communal elements. Also confirm whether the fittings shown in the renderings are included in the price.
Does buying directly from the developer save on commission?
How agents are paid depends on the sales model. “No commission” does not automatically mean a better deal. Compare the total purchase price, the services included and each party’s responsibilities.
Sources and references
For information only: not legal or tax advice, or a guarantee of returns. Confirm the terms of your transaction with an independent professional.
