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Before paying for an off-plan home in Spain, verify that the building licence exists and that a bank guarantee or insurance policy specifically covers your advance payments. Then check the land and planning records, contract, financing and local tax costs; before accepting the keys, confirm the required completion documents and inspect the home against what you agreed to buy.
What to check before you sign or pay
Buying off plan means committing to a home before construction is complete. That makes the paperwork as important as the drawings: you need to establish who owns the land, whether the project is authorised, what the developer has promised and how your payments are protected. The UK Government’s Spain property guidance recommends checking the Land Registry and planning position; these checks are a starting point for review with an independent Spanish property lawyer, not a substitute for it.
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Check the land, developer and permissions
- Obtain a recent Land Registry extract, or nota simple. Check the registered owner and whether the property or land carries charges, such as a mortgage.
- Ask the town hall or relevant regional authority about planning legality and permissions for the development. Do not assume that a developer’s brochure or a building licence answers every planning question.
- Confirm the building licence has been obtained before paying advances. Under Law 38/1999, the developer’s obligation to secure qualifying advance payments is triggered once the licence has been obtained.
- Have a local lawyer check that the seller, land and development described in the contract match the records and permissions.
The UK Government’s Spain: buying and renting property guidance also advises confirming that the completed home is certified as finished and registered as a new build. Those are completion-stage checks, not proof that an unfinished project is ready for handover.
Make the contract specific
Have the contract and its plans reviewed before you sign. Check the total price, taxes, payment dates and amounts, delivery date, specifications and what happens if the developer proposes changes. Clarify whether communal facilities and services are included, how delay or extensions are handled, and the process and timing for termination and repayment. These are questions to resolve in your particular contract; there is no single set of terms that can be assumed for every development.
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Are advance payments protected?
Spanish Law 38/1999, the Building Regulations Law commonly known as the LOE, requires qualifying advance sums to be covered by either insurance taken out by the developer or a bank guarantee once the building licence has been obtained. The protected sums include the advances, applicable taxes and legal interest. They must be paid into a special account separate from the developer’s other funds and used only for construction. Banco de España explains the consumer protection and claim process in its guidance, Guarantees when buying a home; the LOE is the statutory source.
What to obtain before transferring money
- A copy or confirmation of the building licence.
- The bank guarantee or insurance policy identifying your purchase, the guaranteed amount and its term. An informal promise from the developer is not the same as a guarantee or policy.
- Written details of the special account for the development, and confirmation that your payments are to be deposited there.
- Receipts for every transfer and copies of relevant correspondence and guarantee documents.
Banco de España says that if the developer does not return the money within 30 days after being required to do so, the buyer may claim against the guarantor. The statutory protection applies where construction does not start or is not completed within the agreed delivery period, subject to the applicable claim conditions and time limits. Check the agreement and obtain legal advice promptly if a deadline is missed; the 30-day period is not a general grace period for a late handover.
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The same Banco de España guidance says the guarantee is cancelled when the occupancy certificate or equivalent has been issued and handover is evidenced, or if the buyer refuses possession despite those conditions being met. Keep the guarantee paperwork and understand how handover affects it before signing acceptance documents.
What happens if the home is late?
Start with the delivery date and delay provisions in your signed contract. The LOE protection covers qualifying advances if construction does not begin or finish within the agreed period, but that does not establish one universal remedy for every delay. The contract, the reason for the delay and the facts of the transaction matter.
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- Record the missed contractual date and ask the developer in writing for the current completion timetable and explanation.
- Ask your lawyer to review the delay, any extension clause, the repayment or termination process and the guarantee’s claim requirements and time limits.
- Preserve payment receipts, notices and replies. If you seek repayment, follow the required demand and claim process rather than relying on an informal assurance.
Do not treat an estimated construction schedule or a verbal promise as a replacement for the agreed delivery date and written remedies.
Do you have to take over the developer’s mortgage?
Not necessarily. A developer may have financed the project with a bank loan and offer the buyer subrogation to the portion associated with the home. Banco de España’s guide Buy off plan: keys to understanding the loan of the promoter, dated 11 September 2025, discusses this option and the bank’s required documentation. Do not assume you must accept it: establish the choices and obligations in your contract and with the bank.
| What to compare | Subrogating to the developer’s loan | Separate mortgage |
|---|---|---|
| Total cost | Ask the bank for the rate, fees, conditions and total cost that would apply to you. | Obtain a comparable offer and calculate its rate, fees, conditions and total cost. |
| Terms | Check the interest-rate structure and all loan conditions; do not assume the developer’s terms automatically suit your circumstances. | Compare the offered structure and conditions with the subrogation offer. |
| Timing and documents | Confirm which documents the bank will provide and when. | Allow time for a separate lender’s assessment and documentation before the payment or completion deadlines. |
Under Law 5/2019, the Banco de España guide says the required pre-contract information, including FEIN and FiAE, must be provided at least 10 calendar days before signing. Build that period into your schedule and have the documents reviewed before committing.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.How to budget for taxes and completion costs
Tax treatment depends on whether the transaction is a first delivery or a later transfer, as well as the location and circumstances. Government of Spain guidance, Buying and selling property: Taxes (updated 20 March 2026), describes the general categories:
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| Transaction | General tax treatment | What to verify |
|---|---|---|
| New property sold by a developer as a first delivery | Subject to VAT. | Confirm the applicable treatment and amount for your transaction and location. |
| Second or subsequent transfer | Generally subject to transfer tax (ITP). | Check the applicable regional rules and your transaction details. |
| Transfer tax and stamp duty (AJD) | Assigned to the autonomous communities. | Obtain a current, location-specific estimate; do not apply another region’s rate. |
The categories above are not a tax quotation. Before signing, ask a qualified adviser to estimate the taxes for the property’s autonomous community and your transaction. Add notary, registry, financing and professional costs to the budget, checking each amount for the specific purchase.
What to check before accepting the keys
Do not treat a handover appointment or the availability of keys alone as proof that every completion requirement is met. Before accepting possession, confirm that the home is actually finished, obtain the relevant completion and occupancy documentation, and have your lawyer or notary confirm the public deed and registration steps for your transaction. The UK Government’s Spain property guidance advises checking that a completed home is certified as finished and registered as a new build.
- Inspect the home against the contract, plans and promised specifications.
- Photograph defects, unfinished work or missing items, and send the developer a dated written record.
- Ask how any snag list will be handled and what acceptance or signing documents say about defects and outstanding work.
- Check with your lawyer how possession affects the advance-payment guarantee and any contractual remedies.
Who should review the purchase?
Use an independent Spanish property lawyer to review the Land Registry extract, planning permissions, payment guarantee, contract, mortgage paperwork and handover documents. Ask for advice specific to the property’s municipality and autonomous community; national guidance cannot establish the permits, tax amount, financing eligibility or contractual rights for an individual purchase.
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