Editorial transparency and use of artificial intelligence
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.
Recently, I was pleasantly surprised to see on Idealista the sheer number of new-build developments currently underway across Spain. 794 new-build developments, just on the southern coast, from Murcia to Huelva: Costa Cálida, Costa del Sol, Costa de la Luz.
This boom, along with positive forecasts for interest rates, makes for an exciting property market in the near future. To give you an idea of the outlook, here are the projected interest rates for the Eurozone in 2024 and 2025:
| Dec ’24 (e) | Dec ’25 (e) | |
| Credit | 3.40% | 2.65% |
| Deposit | 3.25% | 2.50% |
| QE/APP (M€/month) | -30.0 | -40.9 |
| Euribor 3M | 3.25% | 2.75% |
| Euribor 12M | 2.75% | 2.50% |
| 10-Year Bund Bond | 2.10% | 2.00% |
Given these promising developments, now may be the perfect time to consider investing in a new-build property. However, before making any decisions, it’s crucial to be aware of some important tips for off-plan purchases. At CostaLuz Lawyers, we’ve been at the forefront of fighting for off-plan investors’ rights in Spain since 2007. We’ve successfully won numerous cases for buyers and pushed for better legislation to protect their interests. That said, it’s disappointing to see that some developers are still inserting abusive clauses in contracts and adopting tricky practices.
With that in mind, we’ve put together some top tips to guide you through the off-plan buying process in Spain. Remember, while these tips are important, they’re no substitute for professional legal advice, which is essential in any conveyancing process in Spain — especially when buying off-plan.
General Tips for Off-Plan Investors in Spain
- The 2015 law: This law protects both main and second homes. Make sure your contract explicitly states this.
- Residential vs. non-residential purchases: If you’re purchasing through a company or a different vehicle that might be considered non-residential, clarify this in your contract.
Tips for Guarantees
Ensuring your payments are protected is one of the most critical aspects of purchasing off-plan property.
- Don’t buy without a guarantee: Some developers may try to dissuade you from asking for a guarantee by offering penalties of up to 20% as a refund. Don’t leave your money tied to the developer’s solvency alone.
- Request an individual guarantee certificate: This should be issued by a bank or an insurance company, ensuring that in the event the project fails, you can claim a full refund.
- General guarantees: While these allow for claims against the developer, you may need to go to court if you don’t have an individual guarantee.
- Check the guarantor’s authorization: If an insurer provides the guarantee, ensure they are authorized to issue guarantees in Spain.
- Payments to escrow account: Pay sums directly to the escrow account, including full details of the property unit you’re purchasing.
- Liability certificate: Make sure you obtain a certificate from the bank where the sums are held until a guarantee is issued.
Tips for Changes in the Project
Review any clauses that allow changes to the project. If changes are significant, such as affecting the views, privacy, or reducing the size of rooms or external elements (like terraces) by more than 10%, you must approve these changes in writing.
Tips for Force Majeure Events
If construction is delayed due to Force Majeure events (e.g., strikes or natural disasters), the developer must notify you promptly. You then need to agree on new delivery dates and an extension of your guarantee. Make sure these clauses are clear in your contract.
Tips for Delivery Date
Your contract should state a clear delivery date. If an exact date isn’t possible, the contract should at least specify a semester and year (e.g., second half of 2024). This allows you to know when you can cancel the contract and exercise your guarantee.
Tips for Delays on Delivery
- Extension agreements: If there’s a delay but the project is still proceeding, you can agree to an extension and receive compensation. Ensure this is in writing.
- Extend your guarantee: If there’s a delay in the project, your guarantee must also be extended.
- Canceling due to delay: If there’s a significant delay, you may cancel the contract before the new completion date and claim a refund plus legal interest — provided your contract includes a clause for this.
Tips for Mortgages in Off-Plan Investment
If you plan to take over the developer’s mortgage, be aware that the seller must pay the notary fees for the mortgage deeds. We’ve seen cases where developers try to pass this expense onto the buyer, so review your contract carefully.
Remember: Payments Before a Building License
Any amounts paid before the building license is granted are not automatically protected if the project doesn’t proceed. Ensure the developer voluntarily guarantees these payments, otherwise, your investment might be at risk.
Take Professional Advice
These tips are designed to help you navigate the potential pitfalls of buying off-plan in Spain. However, for the best protection of your investment, it’s crucial to seek professional legal advice.
At CostaLuz Lawyers, we specialize in conveyancing and have a long track record of drafting and reviewing contracts for off-plan purchases. Get in touch with us now to find out how we can help you safeguard your investment and guide you through a secure purchase process.
Read more about abusive clauses in off-plan contracts
Find out about our conveyancing services
Read our free guide to buying property in Spain
About CostaLuz Lawyers and María de Castro
Get a free written analysis of your case
Email your questions to marialuisa@costaluzlawyers.es and our team gives you a free, personalised written analysis — you can attach any documents or forms. Once everything is clear in writing, we offer an optional free introductory call. The initial written analysis carries no fee (international tax consultancy starts from €200 + VAT).
Email your case → marialuisa@costaluzlawyers.es · WhatsApp · Book the optional intro call
You can read testimonials from hundreds of satisfied clients, going back to 2006, on our website, on Google Reviews and on EyeonSpain.
Reviewed by María de Castro, Abogado no. 2745, Ilustre Colegio de Abogados de Cádiz. CostaLuz Lawyers has supported international buyers since 2006 on EyeonSpain with guidance and advice on the legal aspects of life in Spain. Included in the lawyers lists of the UK and Ireland embassies. Updated 22 Nov 2025.
María Luisa de Castro’s work, founder of CostaLuz Lawyers, is backed by a strong presence in specialist media and professional directories. Her track record as a Property Law and Consumer Real Estate Law (Derecho de Consumo Inmobiliario) specialist can be seen in her guides for international audiences on Expatra, in her long-running blogs on Spanish off-plan protection and Ley 57/1968 on EyeOnSpain , in her legal analysis for Confilegal and Legal Today, and in her contributions for the Spanish Bar Council (Consejo General de la Abogacía Española) and the Centre for Consumer Studies at the University of Castilla-La Mancha.
Her work is also profiled on international retirement and expat platforms such as Retirement Abroad, and has been highlighted by expat media including The Olive Press News Spain and The Local Spain among other specialist expat and legal forums.
Her legal work has also been featured or referenced in respected international and Spanish media, including The Telegraph, The Times, the BBC, El País and El País English, The Local Spain, The Olive Press and other reputable outlets, particularly in connection with landmark court rulings on Ley 57/1968 and Spanish consumer protection.
CostaLuz Lawyers is also included in the official lists of English-speaking legal professionals for British and Irish nationals in Spain, as compiled by the UK government’s “Spain: list of lawyers” and by the Embassy of Ireland in Spain and its honorary consular network.
Mortgage holder in Spain? Your mortgage may contain abusive clauses (floor clause, IRPH, excessive expenses, early maturity). CostaLuz offers a free mortgage review to check if you are entitled to a refund.
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.
Off-plan purchase gone wrong?
We recover deposits on delayed or failed off-plan purchases under Ley 57/1968. Bilingual help across southern Spain since 2006.
Reviewed by María Luisa de Castro, CEO at CostaLuz Lawyers — Updated 2026
This is general information, not definitive legal advice — every case requires individual analysis.