The purchase of property in the primary market in Spain is a relatively safe process, especially if you follow the appropriate steps and seek the assistance of specialists. The Spanish real estate market is well-regulated, which provides greater protection to buyers. Here are some aspects that enhance the safety of purchasing property in the primary market in Spain:
-
Legal regulations The Spanish real estate market is strictly regulated by law, which ensures the protection of buyers' interests. Regulations require developers to comply with strict building standards and ensure that each project is legal, meets zoning plans, and has all the necessary permits.
-
Bank or insurance guarantees In Spain, developers are legally required to provide a bank guarantee or an insurance policy for the amounts paid by the buyer during construction. This means that if the developer does not complete the project, the buyer will receive a refund. This is a key safeguard against the risk of an unfinished investment.
-
Obligation to present detailed documentation Developers in Spain must provide buyers with detailed documentation regarding the property, including:
- Zoning plan (known as the "licencia urbanística"),
- Building permit (known as the "licencia de obras"),
- Energy certificate,
- Building book ("libro del edificio"), which contains detailed information about the construction, materials, and installations. These documents give the buyer full insight into the legal status of the property and its compliance with local regulations.
-
Collaboration with a notary The purchase of property in Spain must always be confirmed by a notary. The notary is impartial, and their role is to ensure that the transaction is conducted according to the law and that all parties are fully aware of their obligations.
-
Quality guarantee Developers in Spain are required to provide guarantees on buildings. The standard guarantee includes three levels:
- 1 year for finish defects and minor issues,
- 3 years for faults related to installations and materials,
- 10 years for structural defects in the building. Buyers can report issues during this period, and the developer is obligated to fix them.
-
Preliminary contract (known as "contrato de arras") Before signing the final sale-purchase contract, a preliminary contract, known as "contrato de arras," is often signed, which outlines the purchase conditions, including the price, payment schedule, and deadlines. This contract protects both parties' interests: if the buyer withdraws from the purchase, they lose their deposit, and if the developer withdraws, they must return the deposit double.
-
Hiring a lawyer Although not mandatory, it is highly recommended to hire a lawyer specializing in real estate law in Spain. The lawyer can thoroughly review contracts, check the property documents, and ensure that all formalities are legally compliant.
-
No mortgage encumbrances When buying a property in the primary market, you avoid the risk that the property might be encumbered with a mortgage or other debts from previous owners, which sometimes happens in the secondary market. New developments are free from such obligations, providing additional security.
-
Safe staged payments In the case of properties still under construction, payments are made in installments according to the progress of the building works. Each payment is secured with bank guarantees, which minimizes the risk of losing money if the developer does not complete the project.
-
Reliable developers Spain has many reputable developers who are well-established in the market and have a long history of successful projects. Choosing a developer with a good reputation is another way to increase the security of the transaction.
Conclusion The purchase of property in the primary market in Spain is safe if you carry out the transaction according to the law, collaborate with professionals, and choose a reliable developer. Safeguards such as bank guarantees, quality guarantees, and legal oversight of the transaction offer buyers a high level of protection.