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.
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.
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:
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.
Defects that affect habitability, such as problems with electrical installations, plumbing or thermal insulation, are covered for the first three years.
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.
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.
The new construction warranty is designed to cover defects caused by construction failures. Here's what's included:
Errors in the plans or architectural calculations that affect the functionality or safety of the home.
If low-quality or non-standard materials have been used, they should be replaced or repaired.
Defects resulting from improper construction, such as crooked walls, water leaks, or poorly sealed ceilings.
Not everything is included in this guarantee. It is important to know its limits so as not to get surprises:
Wear and tear from daily use, such as scratches on the floor or aging paintwork, is not covered.
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.
Incidents such as natural disasters, acts of vandalism or accidents are not covered by this warranty.
If you spot a problem with your home, follow these steps to claim the warranty:
Take pictures, videos, and detailed notes about the defect. This evidence will be key to your claim.
Send a certified letter explaining the problem and request a solution. Keep a copy of the communication.
It includes all evidence collected, such as invoices, contracts, and technical reports if necessary.
Don't let time pass. Claim within the established deadlines to avoid losing your right to the guarantee.
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.
Buying a home is an important investment, and it is essential to take preventive measures to avoid future problems:
Before closing the purchase, hire a specialized inspector to evaluate the condition of the property.
A skilled attorney can review contracts and help you identify unfavorable clauses that could affect your rights.
Know the current real estate legislation in Spain to ensure that you are protected as a buyer.
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.
It depends on the type of defect: one year for aesthetic defects, three years for functional problems and ten years for structural defects.
Contact a specialized attorney and submit a formal complaint. If necessary, you can take the case to court.
No, appliances have their own manufacturer's warranty. Check their documentation when you receive them.
The collateral is transferred to the new owner of the home.
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.