In Spain, unlike in Belgium, there is no difference between provisional acceptance and final acceptance. Nor is it common to have an expert inspect the property. Therefore, in this article you will find more information about the handover of a newly built property in Spain.
The inspection of the property on completion of a new build property in Spain
As soon as the promoter reports that the property is ready, you can schedule an appointment for an inspection. This inspection is usually done in consultation with your real estate agent. You will then set a snagging list on which you list any remaining items.
In practice, it is advisable to work with a detailed site description in which you list the remaining points partly based on photos room by room. Also include an overview of the extras you have ordered. You can also memoria de calidades / bring specification list to check promised quality.
Thus, the inspection takes place when you are not present yourself.
After the inspection
The promoter is obliged to resolve any residual items as soon as possible, but within a reasonable time. This 'reasonable time' depends on the situation.
For example, if the exterior walls need better painting and it is raining, we need to take the weather conditions into account to determine a reasonable deadline.
Also, the promoter has the option to resolve the residual points only after the notarial deed of sale is executed. You cannot postpone signing the notarial deed because of residual points. Only in case of essential points can the notarial deed be postponed.
For example, you ordered a kitchen island with a specific electric hob. At the inspection, you find that the cooking island has not yet been installed. In this case, you may well defer the deed of sale - and thus the final payment.
Finally, the common parts, such as access roads or a common pool house, for example, need not be finished when the deed of sale is executed.
What after the deed of sale is executed? What if defects arise later?
The video below is a summary of this blog created using artificial intelligence.
If defects occur later, there is a legal guarantee. There are three warranty periods.
You have 1-year warranty after completion for finishing the house. Think, for example, of a poorly installed window or a problem with the plastering.
You have 3-year warranty for all defects that adversely affect habitability. Specifically, these are all defects that cause the house to fall short of living standards or construction defects. These include moisture spots, a problem with the electrical system, etc.
You have 10-year warranty for structural defects. These are the defects that affect the stability of the house.
After you have identified a defect, you have 2 years to take action against the responsible parties. The parties you can sue for damages are the promoter/builder, the architect and the technical architect.
9 Years after the completion of the property, you find that the walls have cracks and the stability of the property is compromised. You then still have 2 years to prepare a claim. However: for evidence reasons, it is important that you take action as soon as possible.
Read more about the buying process of a new-build property in Spain.
