You just have to face it. You buy a property on plan in Spain and during construction the promoter changes the plans. Not always the most pleasant surprise. Fortunately, this does not happen frequently when buying on plan in Spain. And usually changes have no impact on the individual residential units. However, there are cases where there is an impact. Think, for example, of an extra outbuilding right in front of a terrace. Therefore, in this article you will find more explanation about the promoter's ability to change building plans after purchase.
Contractual freedom of the promoter
The promoter can include in his purchase agreements that he has the option to change the design of project. As a rule, this is not necessarily negative. After all, there are legitimate reasons to change the plans. For example, during the construction process, construction engineering problems may arise that necessitate a project change. The competent authority may also impose a change.
Such (force majeure) situations should be remediable through the private purchase agreement. So it is reasonable to give the promoter the contractual option to change the plans afterwards. Of course, these types of clauses should not be too far-reaching. Ultimately, the aim is for your buy on plan to correspond as much as possible to the project design as it was presented to you.
How can you safeguard your interests?
Initially, we should limit the scope of amendment clauses. Their application should necessary and proportionate be. Thus, the promoter may change the original plan you accepted as little as possible. It should be shown that:
- an (unexpected) construction problem occurs;
- the change is necessary to adequately solve this problem;
- the alternative respects the original plan as much as possible.
The promoter is then not allowed to make any changes at will. Not even in the common parts like the gardens and swimming pool.
In addition, we need to ensure that any change has no impact on the agreed quality of materials, works and the functionality of the project design. Thus, the promoter may not make a change in order to use cheaper materials. Also, the alteration may not, for example, obstruct your view or cause inconvenience later.
Buying on plan in Spain: decision
When buying property on plan in Spain, it is always better to prevent than to cure. It is advisable to have your purchase agreement reviewed and limit alteration clauses. This will put you in a stronger position in any subsequent conflicts.
Here you will find the purchase procedure of a buy on plan in Spain explained. If there are any questions about investing in Spain, feel free to contact us.
