A British couple is buying an off-plan (sobre plano) apartment in Estepona. In which order do the usual steps happen?
- Notary deed, reservation, staged payments, private contract
- Reservation, private purchase contract, staged payments during works, then notary deed and keys at completion
- Private contract, notary deed, reservation, keys
- Staged payments, reservation, keys, private contract
The buyer first pays a reservation fee to take the unit off the market, then signs the private purchase contract with the first instalment, pays further stages during construction and pays the balance when the public deed is signed before a notary and the keys are handed over.
Consumer (Eroski), La compraventa de vivienda sobre plano (2024) Your client will pay 30% of the price to a developer before the building is finished. What protection does Spanish law require the developer to give for that money?
- None: advance payments are at the buyer's risk
- A personal guarantee signed by the agent
- An individual bank guarantee (aval) or insurance policy for each buyer, under the LOE's First Additional Provision
- A notarised promise to repay within ten years
The First Additional Provision of the Building Act (Law 38/1999), rewritten by Law 20/2015 from 1 January 2016, obliges developers of homes to guarantee advance payments with insurance or a bank guarantee, issued individually for each buyer.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) Under the LOE First Additional Provision, what must the guarantee on off-plan deposits cover, and where must the money be paid?
- Only 50% of the amounts, paid to any account of the developer
- The amounts paid plus legal interest, paid into a special account kept separate from the developer's other funds
- Only the reservation fee, paid in cash
- The full price of the home, paid to the agent's client account
The guarantee covers the sums paid on account plus legal interest, and payments must go into a special account at a bank, separate from the developer's other money. Agents should ask for the account details and the individual certificate for each payment.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (consolidated), Disposicion adicional primera (2015-07) The contract says keys by June 2026. In October 2026 works have stopped and the developer gives no date. What can the buyer do under the LOE?
- Nothing until five years have passed
- Only sue the agent who sold the unit
- Accept a 10% discount, which is the only remedy
- Choose to terminate and recover the sums paid plus legal interest through the guarantee, or grant the developer an extension
If works do not start or the home is not delivered on time, the buyer may terminate the contract and get the advance payments back with interest from the guarantor, or agree an extension. A clear delivery date in the contract is therefore essential.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (consolidated), Disposicion adicional primera (2015-07) A developer went bust without paying the premium on the deposit insurance. Can the insurer refuse to repay your client for that reason?
- No: since the 2015 reform the insurer cannot use defences it has against the developer, including unpaid premiums
- Yes, an unpaid premium always voids the cover
- Yes, unless the buyer paid the premium himself
- Only if the buyer is a non-resident
Law 20/2015 states that the insurer cannot oppose to the buyer the exceptions it could raise against the developer, so a missing premium does not block the refund. The insurer then recovers from the developer, who cannot resell the unit until it repays.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) The building is finished and the first occupation permit has been obtained, but the buyer refuses to sign the deed and collect the keys. What happens to the deposit guarantee?
- It stays in force for ten more years
- The buyer can still claim it at any time
- The developer may cancel it, so the buyer loses that protection
- It converts automatically into a mortgage
Under the 2015 rules, once the occupancy permit is granted and the buyer refuses to take delivery, the developer may cancel the guarantee. Warn hesitant buyers: the guarantee protects against non-delivery, not against a change of mind.
Garrigues, Entregas a cuenta en compra de viviendas (Ley 20/2015) (2015-10) Example figures: an off-plan flat in Torrevieja costs EUR 420,000 before tax. The plan is 10% at the private contract, 20% in instalments during works and the rest at the notary. What base price remains to pay at completion (in EUR)?
EUR Paid before completion = 10% + 20% = 30% of 420,000 = EUR 126,000. Balance at completion = 420,000 - 126,000 = EUR 294,000, often financed with a mortgage. VAT is charged on each stage on top of these figures.
Consumer (Eroski), La compraventa de vivienda sobre plano (2024) A buyer compares a brand-new flat from a developer with a resale flat next door. Which tax applies to the first sale of the new flat?
- Transfer tax (ITP) only, as for resales
- VAT at 21%
- No tax for the first owner
- VAT at the reduced 10% rate, plus stamp duty (AJD) on the deed
The first delivery of a home by the developer is subject to VAT at 10% (4% for qualifying protected housing), and the deed also pays the regional stamp duty (AJD). Resales pay the regional transfer tax (ITP) instead of VAT.
Agencia Tributaria, Manual IVA 2024, tipo impositivo reducido del 10% (2024) Example figures: a new-build flat in Malaga sells for EUR 380,000 from the developer. VAT is 10% and Andalusia's general stamp duty (AJD) is 1.2%. What are VAT plus AJD together (in EUR)?
EUR VAT = 380,000 x 10% = EUR 38,000. AJD = 380,000 x 1.2% = EUR 4,560. Total = 38,000 + 4,560 = EUR 42,560, before notary, registry and any mortgage costs.
Kelisto, Impuesto de actos juridicos documentados por comunidad autonoma (2025-11) Example figures: the buyer of an off-plan unit pays a EUR 50,000 stage payment to the developer during construction. VAT on new homes is 10%. How much VAT is added to that stage (in EUR)?
EUR VAT accrues on each advance payment, not only at the deed. 50,000 x 10% = EUR 5,000, so the buyer transfers EUR 55,000 for that stage. Clients should budget VAT into every instalment.
BOE, Ley 37/1992 del IVA (art. 75 and art. 91) (1992-12) Your buyer adds two parking spaces and a storage room to her new-build flat, all bought in the same deed. What VAT applies to the extras?
- 10%, as up to two parking spaces and annexes sold together with the home follow the home's reduced rate
- 21% on all extras
- 0% because they are not homes
- 10% on one space and 21% on everything else, always
The Tax Agency's VAT manual extends the 10% rate to up to two garage spaces and annexes (such as storage rooms) transferred together with the home. Bought separately or beyond that limit, they are taxed at 21%.
Agencia Tributaria, Manual IVA 2024, tipo impositivo reducido del 10% (2024) Under article 17 of the Building Act (LOE), how long are the builder and developer liable for defects in a new home?
- 6 months for everything
- 2 years for everything, as for consumer goods
- 10 years for structural defects, 3 years for habitability defects, 1 year for finishing defects
- 20 years for structure, 5 years for the rest
The LOE sets three periods from the date of handover: 10 years for damage affecting the structure, 3 years for defects that harm habitability (for example damp or insulation), and 1 year for finishing defects that the builder must repair.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 17) (1999-11) Eight months after taking the keys, your buyer notices cracked tiles and doors that do not close properly. What is the best advice?
- Too late: snags must be raised on the day of handover
- Notify the developer in writing now, as finishing defects are covered for one year from handover
- Wait for the ten-year insurance to pay
- Pay a private builder and forget the claim
Finishing defects fall under the one-year period of article 17 LOE. Ideally they are listed in a snagging report at handover, but any found within the year should be notified in writing, with photos, so the builder repairs them.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 17) (1999-11) Which insurance must a developer of new homes take out to cover structural damage, and for how much?
- A one-year contents policy for EUR 30,000
- No insurance is compulsory
- A three-year policy for 10% of the price
- Ten-year (decennial) insurance covering 100% of the final cost of the works
Article 19 of the LOE makes decennial insurance compulsory for residential buildings. It covers material damage from structural defects for ten years, with a sum insured equal to 100% of the final cost of the works.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 19) (1999-11) Why can a notary and land registrar refuse to record a finished new-build declaration (obra nueva terminada) for a residential block?
- If proof of the ten-year structural insurance is not provided
- If the agent's commission has not been paid
- If fewer than half the units are sold
- If the buyers are non-residents
Article 20 of the LOE blocks the authorisation and registration of new-build declarations for homes without proof of the compulsory decennial insurance. This protects buyers and is a useful check when a developer promises an early completion.
BOE, Ley 38/1999 de Ordenacion de la Edificacion (art. 20) (1999-11) In Andalusia, how is occupation of a newly finished building that matches its building licence usually authorised under the LISTA land law (Law 7/2021)?
- By a decision of the regional parliament
- By the buyer's own statement at the notary
- By a declaracion responsable de ocupacion filed with the town hall, replacing the old first occupation licence
- It needs no paperwork at all
The LISTA moved many permits to a responsible declaration, including the occupation or use of finished buildings that comply with their licence. This document, or the licence where still required, is needed for utilities and to complete the sale.
AdministracionPublica.com, Primera ocupacion por declaracion responsable (2022) Your client will fund the completion balance with a Spanish mortgage. Under Law 5/2019 on real estate credit, what must happen before she signs?
- Nothing: she can sign the same day she receives the offer
- The bank gives the standard information sheet (FEIN) and documents at least 10 calendar days before signing, and she meets the notary free of charge to confirm she understands
- The agent must sign the mortgage on her behalf
- She must open a deposit equal to 50% of the loan
Law 5/2019 requires the lender to hand over the FEIN and the other pre-contract documents at least 10 calendar days before signing. The borrower then attends the notary, who checks understanding at no cost to her. Plan this window into the completion date.
BOE, Ley 5/2019, de 15 de marzo, reguladora de los contratos de credito inmobiliario (2019-03) Savills data reported in July 2026 put the average Costa del Sol new-build apartment at EUR 5,725 per m2 in 2025. At that average, what would an 80 m2 new apartment cost (in EUR)?
EUR 80 x 5,725 = EUR 458,000. The same report notes a 23% annual rise and luxury Marbella new builds above EUR 8,000 per m2, so always quote by area and segment rather than a coast-wide average.
Euro Weekly News, New Costa del Sol homes are selling before builders even break ground (Savills data) (2026-07) According to Savills figures published in July 2026, how fast do new Costa del Sol schemes sell?
- Under 5% of units are sold before completion
- Developers must wait until completion to sell by law
- Some schemes sell 30% to 50% of units before construction starts, with about 12,265 new homes sold in 2025
- All new homes are sold to Spanish first-time buyers
Savills reports that some developments place 30% to 50% of units before ground breaking, around 12,265 new homes sold on the coast in 2025 and only 5,328 units of new-build stock. International buyers make up over half of demand in Marbella, Mijas Costa and Fuengirola.
Euro Weekly News, New Costa del Sol homes are selling before builders even break ground (Savills data) (2026-07) What did INE and Registradores data show for the province of Alicante (Costa Blanca) in the first half of 2026?
- New-build sales doubled and foreigners bought under 10% of homes
- Sales were unchanged and new builds were 50% of the market
- Foreign buyers disappeared after the golden visa ended
- Total sales fell 7.6% to 25,085, new-build sales fell 12.4% to 4,657, and foreigners bought about 44.65% of homes
Alicante Plaza, using INE transfer statistics, counted 25,085 sales in H1 2026 (minus 7.6%), of which 4,657 were new builds (18.6% of the total, minus 12.4%). The Registradores put the foreign share at 44.65%, the highest among coastal provinces, ahead of Malaga at 34.30%.
Alicante Plaza, La compra de viviendas afloja en Alicante con 25.085 operaciones en el primer semestre (2026-08) - Dubai areas
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