Note
Hiring an architect and a builder in Spain
Quick answer
The building law names the parties to a work: promoter, designer, site director and builder. Hire a qualified architect and an experienced builder under written contracts that set scope, price, stages, guarantees and insurance. Check registration and references, and avoid large advances.
Applies toBuyers who will build or renovate and need to choose and contract professionals.
On this page: 10 sections
§ 1The parties to a work
The building law, Ley 38/1999, names the parties to a building work: the promoter, who orders and pays for it, the designer, the director of the works, the builder and the other agents. Each has duties and answers for defects for set periods. This page belongs to the chapter in an overview of land and self-build.
§ 2The architect
The architect designs the house, prepares the project that goes to the town hall and usually directs the works. In some projects a technician shares the direction. Ask who signs which document, who visits the site and how often. The contract should state the scope, the fee and the stages of payment, and what happens if the project changes. How planning permission works explains the permission the project is for.
§ 3The builder
Choose a builder with experience of the type of house you are building. Ask for references, visit finished houses and speak to owners. Ask for the builder’s registration where one applies, their insurance and the names of the subcontractors. The contract should set the scope, the price, the programme, the stages of payment, the guarantees and the penalties for delay. How build cost works explains how to compare quotes.
§ 4Payment
Pay in stages tied to progress certified by the technician. Pay by bank transfer and keep the invoices. Avoid large advances. A builder who asks for a large payment before starting, or for cash, is a warning sign.
§ 5Insurance and guarantees
The law sets liability periods of one, three and ten years from acceptance of the works, and requires a ten-year guarantee for housing, with a special rule for an individual who builds one home for personal use. Ask your lawyer to explain what applies, and ask the builder and the architect what insurance they hold.
§ 6Language and records
Contracts and plans are in Spanish. Ask for translations of key documents, and keep one file with all contracts, plans, permits, certificates and invoices. How building a house works explains the sequence in which the documents arrive.
§ 7Disputes
Write down instructions and changes. Ask the technician to record them in the site book. If a dispute arises, stop paying for the disputed item, keep the evidence and ask your lawyer.
§ 8Before you sign
Ask your lawyer to read the contracts. Compare at least two quotes for the same specification, and keep the reply to your questions in writing.
§ 9Fees
Architects and technicians are paid according to their contracts, and practice varies. Ask for the fee and the stages in writing, and what is included. Ask what extra work costs, and who pays if the permit takes longer than expected.
§ 10Language
Contracts, plans and site records are in Spanish. Ask your architect to explain the key points in your language, and ask for a translation of the contract before you sign. Do not sign anything you do not understand.
FAQRelated questions
What does the architect do?
Draws the house, prepares the file for the town hall and normally supervises construction. Fee and duties belong in the contract, including how often they attend site and how changes to the design are handled.
How should I pay the builder?
In stages tied to certified progress, by bank transfer, never in full in advance. The contract should list the stages and the amounts. Keep every invoice and ask that VAT be shown separately.
How do I check a professional?
Ask for their professional registration, insurance, references and examples of finished work. Visit a completed project and speak to the owner. A person who cannot be checked is a person to avoid.
Sources
- 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
- Agencia Tributaria: Obras de construcción o rehabilitación (tipo del IVA) (official source, opens in a new window), Reduced VAT rate for construction or rehabilitation of housing; direct contract and subcontract ruleLast checked 18 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.