What are the warranties for a new property in Spain?

When purchasing a new property, it is essential to examine all aspects to ensure that the property has no defects. However, what happens when these defects reveal themselves after the sale? This is where the warranty of a new property comes into play.

As an owner, it is imperative to know the validity periods, the type of coverage for each warranty, and the deadlines set by law for making claims to the developer. Having this information allows us to act in accordance with legal provisions in case there is a need to claim defects in the property.

Generally, for finishes, we must indicate the things to be repaired before delivery or maximum one month after.

Hidden Defects and Construction Defects

Before addressing the duration of the warranty, it is crucial to understand the difference between hidden defects and construction defects.

Hidden Defects: These refer to construction defects that are not noticeable at the time of the house's delivery but may appear over time. These include electrical problems, humidity, cracks in the walls, among others.

Construction Defects: These are defects visible to the naked eye, such as defects in finishes.

The owner has the right to claim any defect, whether it is a hidden defect or a construction defect, provided that the deadlines set by law are respected.

Warranty Duration

The duration of the warranty for new homes is regulated by the Law on Building Order (LOE), which establishes three periods depending on the type of defect:

1. 10 years warranty for structural defects: Also known as a ten-year insurance, it covers serious defects affecting the mechanical resistance and stability of the building.
2. 3 years for defects in construction elements or installations: This includes problems that affect the habitability of the building, such as humidity issues or defects in water, gas, and electricity installations.
3. 1 year for finishes: During the first year, defects or flaws affecting the finishes of the house are covered, such as paint problems.

It is important to note that these deadlines start from the moment the property is delivered.  

Damage Claims

The buyer has a period of two years from the appearance of the defect to make a claim, regardless of the warranty years. It is recommended to notify the damages through a burofax to register the claim, especially if resorting to the judicial process is planned.

It is crucial to remember that the judicial route involves a longer and more costly process. In case of a favorable judgment, the developer will have to bear the costs of the trial and the repair.