When you buy a new-build home in Spain, the law gives you three layers of protection against defects: a 1-year, a 3-year and a 10-year warranty. The detail that catches most buyers out is when those periods begin — they start from the handover certificate (acta de recepción de obra), not from the day you sign the title deed at the notary. Get that wrong and you can lose months of cover without realising it.
This guide explains what each warranty covers, when it starts, who is liable and exactly what to do if a defect appears — based on Spain’s Building Act (Ley de Ordenación de la Edificación, Ley 38/1999).
The three new-build warranties under Spanish law
Article 17 of the Building Act sets three guarantee periods, each covering a different type of defect:
| Warranty | Covers | Who is liable |
|---|---|---|
| 1 year | Defects in finishes and completion (paint, fittings, surfaces) | The builder (constructor) |
| 3 years | Defects affecting habitability (damp, insulation, installations such as plumbing or electrics) | Builder and project team |
| 10 years | Structural defects that affect the building’s stability (foundations, beams, load-bearing walls) | Developer, builder and architects, jointly |
When does the warranty clock really start?
This is the point that costs buyers money. The warranty periods run from the acta de recepción de obra — the formal certificate by which the developer hands the finished building over to the property — not from the signing of the public deed (escritura) or from when you get your keys. In practice, the deed is often signed weeks or months later, so confusing the two dates can shorten the protection you think you have.
Before completion, ask for the date of the acta de recepción and keep it on file. It is the date from which your 1, 3 and 10-year clocks all begin.
Who is responsible for the defects?
Liability is shared among the parties that took part in the build — the developer (promotor), the builder (constructor) and the architects and technical architects — depending on the type of defect. The developer always responds jointly to the buyer, which matters: you do not have to chase the individual contractor yourself.
The mandatory 10-year structural insurance (seguro decenal)
For the structural (10-year) guarantee, the Building Act requires a dedicated insurance policy — the seguro decenal — that backs the developer’s liability for structural damage. When buying off-plan, confirm that this insurance is in place; it is one of the documents your lawyer should check before you complete.
What to do if a defect appears
- Document it. Photograph the defect and note when it appeared.
- Notify in writing. Tell the developer formally, keeping proof of the communication.
- Mind the deadline. Under article 18 of the Building Act, you generally have two years from when the damage appears to bring a claim for that defect.
- Get legal advice early. A property lawyer in Málaga can confirm which warranty applies and protect the deadline before it lapses.
Why this matters before you sign
Off-plan buyers commit to a property that does not yet physically exist, so these warranties — and the date they start — are a core part of your protection. A proper handover (with the acta de recepción, the snagging list and confirmation of the seguro decenal) turns a leap of faith into a documented, enforceable purchase. These post-delivery warranties are also separate from the bank guarantees that protect your stage payments during construction — you are covered on both fronts.
Frequently asked questions
When do new-build warranties start in Spain?
From the date of the handover certificate (acta de recepción de obra), not from the signing of the title deed or from receiving the keys.
What are the 1, 3 and 10-year warranties for?
One year covers finishes, three years cover habitability and installations, and ten years cover structural defects that affect the building’s stability.
Is the 10-year structural insurance compulsory?
The Building Act requires structural-damage insurance (seguro decenal) backing the developer’s 10-year liability. Confirm it is in place before completing — it is one of the checks in our off-plan due diligence.
How long do I have to claim for a defect?
As a general rule, two years from when the damage appears, under article 18 of the Building Act. A lawyer can confirm the deadline for your specific case.
This article is general legal information, not advice for a specific case. For your purchase, book a consultation — we’ll guide you in your language (EN · ES · FR · DE).
