Snagging a new Spanish home before you accept delivery

Key rules

• Before signing: Record every defect before you sign the deed or accept the keys.
• Clean acta: Never sign a handover record that lists no defects if you have seen problems.
• Repair deadline: Agree a repair deadline in writing in the handover record.
• Refusal: If the developer will not record defects, send a burofax or notarial notice.

Inspect and record defects before you sign

Do your inspection before you sign the deed or accept the keys, and get every defect in writing. Signing a clean handover record can weaken your claim for any defect you could see on the day. Hidden defects that appear later are still covered by the statutory warranties, but proving a visible defect you never recorded is much harder.

What to do on handover day

1. Get the paperwork first. Ask the developer for the documents listed below. Check them before you look at the walls.
2. Inspect every room. Go slowly and test everything. The checklist below gives the order.
3. Photograph and film each defect. Use photos and videos with the date on them. Show the defect close up and the room around it.
4. Write every defect in the acta de entrega. If there is no space, attach a list to it and sign both. Do not sign a clean acta.
5. Agree a repair deadline in the acta. No single legal period applies at handover, so the deadline is agreed with the developer. 30 days is common.

If the developer refuses to record the defects

Do not sign. Send a burofax or a notarial notice that lists the defects. This gives you dated proof that you reported them. Then take legal advice before you accept delivery.

If defects are not fixed

Defects covered by the statutory building warranty periods must be repaired within a reasonable time. If they are not, you can claim through the courts or through the ten-year insurer. Outcomes depend on the facts and the court, so get a lawyer's advice.

Should you hire an inspector?

An independent inspection by an architect, a technical architect or a specialist firm is an option. Foreign and investor buyers use them more than Spanish buyers do. The price depends mainly on the size of the home and how deep the inspection goes. It is often a flat fee. Thermal imaging and other tests cost extra. Ask several local firms for quotes, or ask the Colegio de Arquitectos Técnicos.

Papers the developer must hand over

You are entitled to the libro del edificio, the energy certificate, the ten-year insurance details, the licence of first occupation and the other papers in the documents list below. What you must receive can vary by region, so check with your lawyer.

Timeline and deadlines

• Inspect the home and write every defect in the handover record or a signed list attached to it: on handover day, before you sign the deed

• Take dated photos and videos of each defect: during the inspection

• Agree a repair deadline with the developer in the handover record: at handover; 30 days is common

• Send a burofax or notarial notice listing the defects: if the developer refuses to record them or to repair them

Documents you need

• Libro del edificio: the building book, with the as-built project and the maintenance and use instructions. The developer hands it over with the sale.

• Energy performance certificate for the home, supplied by the developer.

• Details of the ten-year insurance policy covering the building structure, supplied by the developer.

• Licence of first occupation or equivalent, issued by the town council. The developer must also give you a copy.

• Deed of obra nueva and división horizontal, which records the new building and its split into separate homes.

• Community statutes, the rules for the owners' community.

• Warranties and manuals for the fitted appliances and installations.

• Statement of the cost and payment details of the sale, which the developer must give you under the consumer rules for new homes.

Handover day snagging list for a new home

Handover day snagging list

• Ask for the licencia de primera ocupación (the town council's licence confirming the finished building is fit to live in), or the regional equivalent such as a cédula de habitabilidad or a declaración responsable of first occupation.

• Collect the libro del edificio, which holds the as-built project and the maintenance and use instructions.

• Ask for the energy performance certificate and the details of the ten-year insurance policy.

• Ask for the deed of obra nueva and división horizontal, the community statutes, and the warranties and manuals for fitted appliances and installations.

• Check each room: walls, ceilings, paint, floors, tiles, doors, windows, and fitted wardrobes for cracks, damp, scratches, gaps or poor fit.

• Open and close every window, shutter and door, and check that locks and handles work.

• Test every switch and socket, and check that the lights and the fuse board work.

• Run every tap, shower and toilet, and check water pressure, leaks and drainage.

• Test the heating, air conditioning, extractor fans and any fitted appliances.

• Check the balcony, terrace, garage and storage room against your contract.

• Take dated photos and videos of every defect.

• Write every defect in the acta de entrega (the handover record), or in a signed list attached to it, and do not sign a clean acta.

• Agree a repair deadline in the acta for each defect. 30 days is common.

• If the developer refuses to note the defects, send a burofax or notarial notice listing them.

What to watch out for

• Signing without reservations weakens your claim: If you sign the deed or accept the keys without reservations, a court may treat visible defects as accepted. Hidden defects and ones that appear later stay covered by the statutory warranties. Write every defect you can see in the handover record before you sign, and do not sign a clean record.

• Unrecorded defects are hard to prove: A defect with no written record and no dated evidence is hard to prove later. List the defects in the handover record or a signed list attached to it, and keep dated photos and videos.

• The developer may refuse to record or repair: There is no single legal repair period at handover, so without an agreed date the developer can delay. Agree a repair deadline in the handover record, with 30 days common.

Frequently asked questions

Can I still claim a defect if I signed the deed without reservations?

Yes, you can still claim hidden defects or ones that appear later, because the statutory warranties on new homes stay in place. Visible defects are harder: courts have often treated them as accepted once you signed or took the keys without reservations. Courts have also protected buyers where a layperson could not have seen the defect, or where the developer broke the contract.

What should I do if the developer refuses to put my defects in the handover record?

Do not sign a clean handover record (acta de entrega), and send the developer a burofax or notarial notice listing the defects. A burofax is a postal service that proves what you sent and when. Keep your dated photos and videos with the notice.

How long does the developer have to fix the defects I list?

No single legal repair period applies at handover, so agree a deadline in the acta; 30 days is common in practice.

Is it worth paying for an independent snagging inspection?

Often yes, especially if you are a foreign or investor buyer who cannot judge the work yourself. Architects, technical architects and specialist firms offer these inspections, usually for a flat fee that depends on the size of the home and the depth of the inspection.