Note

Ten-year structural warranty on Spanish new builds

§ 1The rule in outline

The building law of 1999 sets the liability of those who build, and it requires a ten-year guarantee for structural damage in housing. The developer is the policyholder. For the buyer, the effect is that the cost of serious structural defects is not left to the developer's finances alone, because an insurer stands behind the guarantee.

§ 2Three periods, three kinds of defect

The law sets three periods, counted from acceptance of the works. A one-year period covers finishing defects. A three-year period covers defects that affect habitability. A ten-year period covers damage to the structure. The distinction matters because a complaint must be made within the right period, and because the type of defect decides who is liable and how.

The date of acceptance is therefore a date to record. It appears in the documents of completion, and it is the starting point for each period.

§ 3What to ask for

Ask the developer for the policy, the name of the insurer and the date the cover starts. Check that the policy names the building and covers the units in it. Keep a copy with your deed, and note the dates in a calendar. If you buy a home that is more than a few years old, ask how much of the period is left.

§ 4Using the guarantee

If a defect appears, record it in writing with photographs and dates. Notify the developer and, where the policy requires, the insurer. Take legal advice early, since the policy and the law set conditions and time limits. A guarantee is only as useful as your ability to prove a claim, so a good record is as important as the policy itself.

§ 5What it does not do

The guarantee does not make the building perfect. Minor defects fall under the shorter periods or not at all, and wear and maintenance are the owner's responsibility. It also does not replace the handover inspection, where most of the practical defects should be found and recorded. The warranty is a safety net for serious problems, not a substitute for care.

§ 6Where this fits

For the day you receive the home, snagging checks explains what to look for, and the new-build route describes the purchase.

The protection for payments before completion is explained in the guarantee rules for off-plan, and off-plan buying explained describes that route.

If the developer fails, insolvency of the developer covers what then happens, and buying into a cooperative describes another way to get a new home.

A resale has no such cover, as the resale route explains, and new build and resale side by side compares the two.

§ 7A calendar entry worth making

When you receive the keys, note three dates in your calendar: the end of the first year, the end of the third year and the end of the tenth, counted from acceptance of the works. Review the home before each of the first two dates and report any defect in writing. The reminders cost nothing, and they protect rights that are easy to lose by simple delay.

Legal note. How the process works in general. It is not legal advice, and it never replaces an independent Spanish lawyer acting for you.