Note
Snagging and handover of a new home in Spain
Quick answer
Inspect the home before you sign the final papers and before you accept the keys. Record every defect in writing, with photos, and get the developer to acknowledge them. The statutory periods run from acceptance of the works, so keep your records.
Applies toBuyers receiving a new home from a developer. The same checklist helps buyers of a recently built resale.
On this page: 7 sections
§ 1Why the handover matters
The handover is the point at which a promise becomes a home. Up to then you have a contract and a plan, and after it you have a building you must live in. It is also the point after which defects become harder to dispute, so the inspection you carry out is the most useful check of the whole purchase.
§ 2Before the day
Read the specification you were promised and the plans. Ask in advance for the documents that should exist at completion, such as the certificate of completion and the guarantee documents. Arrange the inspection with enough time, ideally in daylight, and bring a camera, a torch and a checklist. For a large purchase, hire a technician who can inspect installations and waterproofing.
§ 3What to check
Check each room against the specification: floors, walls, doors, windows, fittings and finishes. Test every tap, switch, socket, heater and appliance. Look for damp, cracks and poor paint, and open the windows and doors. Check the meters, the plumbing and drains, the terrace and the common areas. Compare the size and layout with the plans, and look at the finish of shared spaces, since you will pay for their upkeep.
§ 4Recording defects
List every defect with a date, a room and a photograph. Ask the developer's representative to sign the list or to attach it to the handover record. A defect that is written down and acknowledged is difficult to deny later, while an oral promise to fix it is not. Agree a date for repairs, and keep a copy of everything.
§ 5The periods that follow
Building law sets liability periods of one, three and ten years from acceptance of the works, covering finishing defects, habitability defects and structural defects, and it requires a ten-year structural guarantee for housing. Because the periods run from acceptance, the date on the record matters. The seller of a resale remains liable for defects that are not obvious unless the buyer releases them, but the new-build guarantees go beyond that.
§ 6Money and keys
Do not release the final payment or sign an unqualified acceptance until the defects are listed and the date of repair is agreed. If the contract requires payment at the handover, ask your lawyer how to protect your position, for example by a written agreement on the repairs.
§ 7Related reading
The long-term cover is explained in the warranty on new homes, and the route to the handover starts with buying from a developer.
If you paid before completion, paying before completion and the refund guarantee explain the protections that applied.
A developer that cannot finish is the subject of a developer that cannot finish, and cooperative housing describes another route.
For used homes, buying from a private owner explains the checks, and the comparison of new and resale puts them together.
FAQRelated questions
Should I bring an expert to the handover?
It is worth it for a significant purchase. A qualified technician knows where problems hide, such as waterproofing, installations and finishes, and can write a report that you can attach to the handover record.
What if I find defects after I accept the keys?
Report them in writing as soon as you find them, with photos and dates. The building law gives liability periods for different kinds of defect, so you have rights, but a clear record makes them easier to use.
Is it wise to sign a handover form without comments?
No. A clean form can be read as acceptance. List the defects in the form or in an attached document that the developer signs, and agree a date for repairs before you pay the final sum if the contract allows.
Sources
- Consejo General del Notariado: Houses and real estate properties (official source, opens in a new window), Steps, documents and the notary's roleLast checked 17 October 2026
- Boletín Oficial del Estado: Ley 38/1999 de Ordenación de la Edificación (official source, opens in a new window), Articles 17 and 19; disposiciones adicionales primera y segundaLast checked 17 October 2026
Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.