Does a new build come with a warranty? How long it lasts and what it covers.

Buying a home is usually a process full of excitement and, in equal measure, doubt. Choosing what may become a new home or a property investment is not simple, and there is a great deal to weigh up before you buy if you want to be sure you are making a good purchase.

One of the most important steps is checking that every element of the property is in good condition.

To assess the condition of a home you would normally work with a technical professional, who will look at the finishes, the structure and the materials used. It is equally essential to take into account variables such as the energy consumption of the installations, their condition and the age of the building.

A technical survey helps you spot defects or necessary changes before the purchase. And if the property is a new build, there is a statutory warranty period during which you can make a claim against the developer or the previous owners. Here we explain what the new-build warranty in Spain is, how long it lasts and what it covers.

How long does the new-build warranty last?

The Spanish Building Regulation Act (Ley de Ordenación de la Edificación, LOE) grants a warranty period on newly built homes. The periods are set by law and depend on the type of defect found. The new-build warranty runs to these terms:

• A 10-year warranty for structural defects in the property (columns, beams, foundations, retaining walls and other structural elements).
• A 3-year warranty for construction or installation defects affecting the habitability of the home or building.
• A 1-year warranty for defects in the finishes.
  These are the general periods that owners of new homes in Spain can rely on under the law. They run from the handover of the works by the contractor responsible, not from the purchase of the property. Owners need to work the warranty out from the completion date rather than from the date they acquired the home — a distinction that matters a great deal during a claim.

What does the warranty on a new home cover?

The new-build warranty guarantees buyers a period during which they can claim for defects that come to light in the property’s first years.
As we saw above, the shortest period covers the finishes and the visual aspects of a home. Those matter, but they rarely affect its safety. Structural elements and foundations, on the other hand, always carry the longest period, so that the safety and habitability of the home are protected if defects or latent faults appear.

Who is responsible for putting the defects right?

Responsibility for repairing any defect that arises, provided the property is still within the warranty period set by law, is shared among all the agents in the building process: architects, contractor, technical architect and developer. Where one party is clearly at fault, or has plainly executed the work badly, that party has to bear the cost of repairing the property.
If, on the other hand, the owners were themselves the developers of the works, much of the repair falls to them. Even so, parts of it can still be claimed from the responsible agents, such as the architects, technical architects or builders.

How do you make a claim? Is there a standard form?

The buyer has two years to claim for a repair from the moment the defect appears, independently of the warranty periods themselves. That gives the buyer a wider margin than the warranty alone in which to claim against the parties involved in the construction.

Let a professional draw up the snagging list for your new home.

Snagging list for new-build homes

The claims process is not straightforward and disputes between the parties are common, so it is always advisable to give notice every year by burofax — Spain’s certified postal notice — so that every defect is on record should the repairs eventually have to be pursued through the courts.

Damage or defects found should be claimed from the developer of the property and from the agents involved in its construction. Going to court is not always necessary, but where it is, owners can take that route to enforce their rights over the purchase of a newly built home.

Is there any warranty when buying a resale home?

The rules are clear for new builds, but it is just as common to buy a resale property, or one already outside its warranty period. Resale flats frequently turn out to have latent defects: faults that are not visible at first sight and surface months after the purchase.

When buying a resale flat it is essential to have a technical professional analyse its real condition and its defects. The Building Regulation Act also establishes guarantees for this type of property.

When buying a resale home already outside the warranties that apply to a new build, buyers can rely on a 6-month guarantee from the handover of the property. During those 6 months buyers can examine the possible defects or latent faults in the home and, if they find any, claim them from the seller.

To make that claim you will need a technical report drawn up by a professional, establishing the seriousness of the latent defects found, determining the origin of the problem wherever possible and the cost of putting it right. The report must be served on the seller of the property, preferably by a means that leaves a record of the date it was sent.