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This article forms part of the CostaLuz Lawyers blog and is published for general informational and educational purposes only. It was prepared with the assistance of artificial intelligence tools and, before publication, was substantively reviewed and editorially approved by Maria de Castro, a Spanish-qualified lawyer registered with the Cádiz Bar Association under number 2745, founder of CostaLuz Lawyers and the person responsible for the editorial review of the published content.
This article does not constitute legal, tax, immigration, employment, estate-planning or investment advice and does not replace an individual assessment and the professional work of the appropriate CostaLuz Lawyers specialist. No action or omission should be based solely on this information.
If you’re buying a new-build property in Spain and the developer is late delivering your home, can they claim force majeure and avoid responsibility? In most cases, the answer is no — and Spain’s Supreme Court has made that increasingly clear in recent years. This article explains what force majeure means under Spanish law, when it can be used, and what the courts have said about it — including key rulings from 2019 to 2025.
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What Is Force Majeure Under Spanish Law?
Under Article 1105 of the Spanish Civil Code, force majeure refers to events that could not have been foreseen, or that, if foreseen, were unavoidable. In theory, this allows a party to escape liability for breach of contract — but in practice, courts interpret this concept very narrowly, especially when it comes to real estate.
Developers are expected to know the typical risks of their business. They must plan with reasonable timelines and anticipate possible setbacks. Force majeure is only accepted in rare, exceptional cases.
Supreme Court Case Law (2019–2025)
The Supreme Court of Spain has ruled that only truly extraordinary and unforeseeable events can exempt a developer from liability. For example:
- STS 264/2019 (10 May): A five-year delay due to zoning issues and a court-ordered work suspension did not excuse the developer. The contract was considered frustrated, and the buyer was allowed to terminate.
- STS 43/2021 and STS 470/2022: These cases confirmed that delays, even moderate ones, can justify termination if the buyer acts in good faith and the delay undermines the purpose of the contract.
The courts have also addressed the impact of COVID-19. While lockdowns may have temporarily delayed construction, the pandemic does not automatically void contractual obligations. Each case must be assessed individually.
When Force Majeure Does Not Apply in Property Development
Courts have laid out specific examples of what does not count as force majeure in this context:
- Business risks: Delays from licensing problems, changes in regulations, builder insolvency, or issues with the land are considered normal business risks.
- Predictable delays: Weather issues (like seasonal rain), slow bureaucracy, or technical challenges are foreseeable and must be factored in.
- Blaming subcontractors: If a builder causes delays, the developer is still liable unless they prove diligent selection and supervision.
- Lack of proof: General claims like “administrative delays” or “technical issues” must be backed by concrete evidence.
What Could Qualify as Force Majeure?
Only events that are:
- Unforeseeable
- Unavoidable
- Totally beyond the developer’s control
Examples might include:
- Major natural disasters (severe floods, earthquakes)
- Government bans or unexpected legal prohibitions
- Sudden, extraordinary events like pandemic-related lockdowns — but only if they directly caused the delay and were truly unavoidable
Developer’s Burden of Proof
The developer must prove:
- The event was unforeseeable and could not be avoided
- The event directly caused the delay
- No reasonable steps could have prevented or reduced the delay
Otherwise, the developer remains contractually liable.
What This Means for Buyers
If your property is delayed in Spain, don’t assume the developer has a valid excuse. In most cases, force majeure will not apply. Buyers may be entitled to:
- Cancel the contract
- Recover advance payments
- Claim damages for breach of contract
It all depends on the circumstances and your actions as a buyer.
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For a complete overview of property law and conveyancing in Spain, see our Buying Property in Spain Complete Legal Guide 2026.
Legal Notice: The content on this page is provided for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. No action should be taken based solely on this content without first seeking independent professional legal counsel. Each case requires individual assessment based on its specific circumstances. CostaLuz Lawyers accepts no liability for actions taken or not taken based on this content.
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CostaLuz Lawyers regularly advises buyers on developer delivery delays and force-majeure claims.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — specialist in off-plan property & developer-delay disputes — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.