New construction warranty in Spain

New construction warranty: how long does it last, what does it cover and what can be claimed?

Buying a new home is an exciting step, but it can also raise doubts, especially when it comes to potential defects or construction issues. This is where the new build guarantee comes into play, an essential element in the real estate sector in Spain. In this article, we break down everything you need to know about this topic to protect your real estate investment.

What is the new construction guarantee and why is it important?

The new construction guarantee is a legal protection that buyers of newly built homes have. This endorsement ensures that any construction-related defects are repaired by the developer or builder within a set timeframe. For those looking to acquire real estate in Spain, understanding this guarantee is essential to avoid unpleasant surprises.

Duration of the new construction guarantee

The guarantee for new construction has clear deadlines, defined by the Building Regulation Law (LOE). Depending on the type of defect, the deadlines are as follows:

1. One year for finish defects

If you detect aesthetic or finishing problems, such as poorly applied paint, poorly placed tiles or doors that do not close properly, you can claim during the first year after the delivery of the property.

2. Three years for functional defects

Defects that affect habitability, such as problems with electrical installations, plumbing or thermal insulation, are covered for the first three years.

3. Ten years for structural defects

Serious defects that compromise the stability of the building, such as cracks in the foundation or structural failures, are guaranteed for a period of ten years.

What about renovations or extensions?

If you decide to make renovations or extensions to your home, these works also have their own guarantee. Be sure to review the contract with the builder for specific timelines.

What does the new construction warranty cover?

The new construction warranty is designed to cover defects caused by construction failures. Here's what's included:

Design Issues

Errors in the plans or architectural calculations that affect the functionality or safety of the home.

Defective materials

If low-quality or non-standard materials have been used, they should be replaced or repaired.

Poor execution

Defects resulting from improper construction, such as crooked walls, water leaks, or poorly sealed ceilings.

What does the new construction warranty not cover?

Not everything is included in this guarantee. It is important to know its limits so as not to get surprises:

Natural wear and tear

Wear and tear from daily use, such as scratches on the floor or aging paintwork, is not covered.

Lack of maintenance

Problems caused by a lack of proper maintenance, such as not cleaning gutters or leaving leaks unrepaired, are also not the responsibility of the builder.

External damage

Incidents such as natural disasters, acts of vandalism or accidents are not covered by this warranty.

How to claim the new construction guarantee?

If you spot a problem with your home, follow these steps to claim the warranty:

1. Identify and document the problem

Take pictures, videos, and detailed notes about the defect. This evidence will be key to your claim.

2. Notify the builder in writing

Send a certified letter explaining the problem and request a solution. Keep a copy of the communication.

3. Submit the necessary documentation

It includes all evidence collected, such as invoices, contracts, and technical reports if necessary.

4. Respect deadlines

Don't let time pass. Claim within the established deadlines to avoid losing your right to the guarantee.

What to do if the builder does not respond?

If the builder doesn't address your claim, contact a real estate attorney. In many cases, a formal letter from a professional can speed up the process. If this does not work, you could resort to legal proceedings.

Tips to protect your real estate investment

Buying a home is an important investment, and it is essential to take preventive measures to avoid future problems:

1. Perform pre-inspections

Before closing the purchase, hire a specialized inspector to evaluate the condition of the property.

2. Hire a Real Estate Lawyer

A skilled attorney can review contracts and help you identify unfavorable clauses that could affect your rights.

3. Find out about the regulations

Know the current real estate legislation in Spain to ensure that you are protected as a buyer.

Conclusion

The new construction guarantee is a valuable tool that protects your real estate investment and ensures that you receive a home in optimal condition. Knowing the deadlines, what it covers and how to claim is essential to be prepared for any unforeseen event. Remember to act quickly and document everything so that your claim is effective.

Ready to buy your next home? Being clear about the new construction guarantee is a key step towards a stress-free buying experience.


Frequently Asked Questions (FAQs)

1. How long do I have to claim a defect in my new home?

It depends on the type of defect: one year for aesthetic defects, three years for functional problems and ten years for structural defects.

2. What do I do if the builder refuses to repair the defect?

Contact a specialized attorney and submit a formal complaint. If necessary, you can take the case to court.

3. Does the warranty include home appliances?

No, appliances have their own manufacturer's warranty. Check their documentation when you receive them.

4. What happens if I sell the property before the warranty ends?

The collateral is transferred to the new owner of the home.

5. Is it necessary to take out additional insurance?

It's not mandatory, but it may be a good idea to cover items that aren't included in the warranty, such as damage from natural disasters.

 

Azul Villa Real Estate: We Work Exclusively with Renowned Developers in Spain

At Azul Villa, we take pride in working exclusively with renowned developers in Spain, ensuring the highest quality and trust for every real estate project. All the properties we offer are backed by developers who strictly comply with current regulations and provide essential guarantees such as the 10-year structural insurance, which protects homeowners against possible structural defects for a decade.

Our priority is to offer homes that meet the highest construction standards while providing peace of mind and security to those who trust us. With Azul Villa, investing in a property in Spain means quality, professionalism, and complete support.

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