Is it too late to claim? Spain's time limits (prescripción)

Key rules

• General period: A personal claim with no special period expires after 5 years from when you could first demand performance.
• Restart: A provable out-of-court demand, such as a burofax, restarts the full limitation period from zero.
• Pause: A settlement proposal or mediation request pauses the clock, which resumes where it stopped, and you need proof of the date.
• Shorter periods: Fault or negligence claims can expire after only 1 year, so check your claim type first.

The short answer

Most claims with no special period expire after 5 years from when you could first demand performance. Some claims expire much sooner, so check the type of claim first. The timeline below lists the periods by claim type.

Which period applies to you

• Damage caused by someone's fault or negligence: 1 year, counted from when you knew about the damage.
• Professionals' fees and goods supplied by traders: 3 years. This covers doctors, lawyers, teachers and tradespeople, and goods sold by traders to people who are not businesses.
• Rent and other periodic payments: 5 years.
• Defective goods bought as a consumer: 3 years from delivery. Sales made before 2022 can still follow an older 2-year rule.
• Product-defect liability: 3 years from the damage.
• Anything else with no special period: 5 years.

Claims that arose before 7 October 2015 follow older transitional rules. If that is your case, get advice from a lawyer straight away.

Some regions, such as Catalonia, have their own periods. Real claims over property also have their own periods. Ask a lawyer in your region if either applies.

Stopping the clock: two different things

Restarting the clock. Three acts interrupt the limit, and the full period then starts again from zero, not from what was left:

• You file a claim in court.
• You send an out-of-court demand that you can prove, such as a burofax.
• The other side acknowledges the debt in any way.

A plain email or phone call is hard to prove, so use a burofax. Keep the receipt and the certified copy of the text.

Pausing the clock. Sending a settlement proposal through an out-of-court dispute process (MASC), or filing a joint request for mediation, pauses the time limits from the date you send or file it. The pause lasts until one of these happens:

• the parties settle;
• a final record is signed;
• the attempt ends, including because the other side does not reply;
• the time limits for the proposal run out.

The clock then resumes where it stopped. You need proof of the proposal or request, showing the date. Some deadlines cannot be paused in the same way, so do not rely on a pause when your deadline is close.

What to do now

1. Work out the type of claim and the date the period started.
2. If the deadline is near, send a provable demand or file the claim first.
3. Keep proof of every step, with dates.
4. Check the exact resumption dates after a MASC attempt with a lawyer or your local court's information office.

Timeline and deadlines

• Claim for damage caused by fault or negligence: within 1 year of when you knew about the damage

• Claim a professional's fees or goods supplied by a trader: within 3 years

• Claim for defective goods bought as a consumer: within 3 years of delivery

• Claim with no special period, and unpaid rent or other periodic payments: within 5 years of when you could first demand payment or performance

• Send a settlement proposal to pause the time limit: from the date you send it, with proof of sending

• The pause ends and the clock resumes where it stopped: after a settlement, a signed final record, or the end of the attempt, including no reply

• Send a provable out-of-court demand, such as a burofax, to restart the full period: before the time limit runs out

Documents you need

• Proof that your settlement proposal was sent, or that your request for mediation was filed, showing the date. The pause in your time limit starts from that date and needs this proof.

Frequently asked questions

How long do I have to claim for damage caused by someone's fault or negligence?

You have 1 year to claim for damage caused by someone's fault or negligence, counted from when you knew about the damage. This is much shorter than the general period, so act early. Some claims to get possession of something back also run for 1 year.

Is the time limit different for unpaid rent or a professional's fees?

Yes, unpaid rent and other periodic payments expire after 5 years, while a professional's fees expire after 3 years. The 3-year period covers doctors, lawyers, teachers and tradespeople, and also goods supplied by traders to non-merchants.

Does starting a settlement attempt stop my time limit running?

Yes, sending a settlement proposal pauses the time limit from the date you send it, as long as you can prove it was sent. The pause lasts until a settlement, a signed final record or the end of the attempt, including the other side not replying. Time then resumes from where it stopped.

How long do I have to claim for defective goods I bought as a consumer?

You have 3 years from delivery to claim for defective goods bought as a consumer. Sales made before 2022 can still fall under the older 2-year rule. A claim for injury from a defective product also has 3 years, counted from the damage.