Today’s Case Study – 13 November at CostaLuz Lawyers: Snag Lists, Developers and Your Rights in New-Build Properties in Spain

Buying a new-build property in Spain – a villa or an apartment – is exciting, but the final stage (handover and snagging) can be stressful, especially when the developer refuses to sign or commit to the defects you’ve identified.

Today’s real case at CostaLuz Lawyers, from a buyer we’ll call Laurent, raises questions that many buyers have but rarely ask early enough.

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1. The Situation: New Villa, Snag List… and a Developer Who Won’t Commit

Laurent is about to complete on a new villa in Spain. Before signing the deed at the notary, he:

• Commissions an inspection
• Prepares a snag list of defects and unfinished items
• Notices that some elements do not fully match the floor plan or specifications

His main questions are:

1. What happens if the developer does not sign or commit to everything on the snag list?
2. Can he still complete and then go to court later, or must everything be settled before signing?
3. Can he demand a deadline for fixing the agreed snag list and, if the developer fails, hire a third party and claim the cost?
4. How do the 1, 3 and 10-year guarantees (seguro decenal) work in this context?

Let’s turn this into a clear, practical guide.

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2. Can You Complete if the Developer Refuses to Sign the Snag List?

Legally, yes. In Spain you can sign the deed (escritura de compraventa) even if there are defects and no signed snag list. You preserve your right to claim afterwards.

Practically, it is risky. Here is why:

• If there is no written, signed recognition of the defects, the developer can later:
  • Minimise or deny them, or
  • Claim they were already accepted by you when you signed.
• You may then need:
  • An independent technical report,
  • Formal written demands,
  • And potentially a court case to obtain repairs or compensation.

Best practice

Your independent lawyer (not recommended or paid by the developer or agent) should aim to secure:

• A written snag list,
• Signed by the developer (or their representative), and
• Mentioned in the deed or attached as an annex at completion.

The floor plan and specification/memory of qualities are part of the binding documentation, but a clear snag list makes it much easier to show exactly what was wrong or incomplete at handover.

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3. Can You Demand Deadlines and Third-Party Repairs at the Developer’s Cost?

This is one of the most common and important questions.

Can you simply impose it?

No. Under Spanish law, you cannot unilaterally impose on the developer:

• “You must fix all of this within 30 days”, and
• “If you don’t, I will hire someone else and send you the bill”.

However, you can negotiate and agree such terms in writing, which is where a good lawyer makes a big difference.

Protective tools you can negotiate

An experienced buyer-side lawyer will usually try to secure:

1. Clear repair deadline
   A written commitment by the developer to fix all items on the snag list within an agreed time (e.g. 30, 45 or 60 days).
2. Retention on the purchase price
   • You keep back a percentage of the price (often 3–5%) at completion,
   • This amount is only released when the agreed works are properly completed,
   • The retention can be held by the buyer, the notary or a third party.
3. Third-party repair mechanism (if possible)
   • A clause stating that if the developer does not complete the works by the agreed deadline,
   • You may appoint a third party to carry out the repairs,
   • Using the retained amount or later claiming those costs from the developer.

If the developer refuses any written commitment, you will need to decide, together with your lawyer:

• Whether to delay or refuse completion until reasonable conditions are agreed, or
• Whether to complete, accepting that enforcement may then depend on formal claims, expert reports and, if necessary, litigation.

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4. The 1, 3 and 10-Year Guarantees in Spain (Including Seguro Decenal)

If you are buying a new-build property in Spain, the law gives you important protection through mandatory building guarantees. These exist independently of what your contract says.

1-Year Guarantee – Finishes and Minor Defects

For 1 year from completion, the developer is liable for finishing defects, such as:

• Painting and plaster issues
• Defective tiles, flooring and joints
• Poor carpentry, ill-fitting doors and windows
• Small cracks and visible minor faults

Many items on a typical snag list fall into this category.

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3-Year Guarantee – Habitability Defects

For 3 years, the developer is responsible for habitability defects that affect the normal and comfortable use of the dwelling, for example:

• Serious damp and moisture
• Significant leaks and water ingress
• Important thermal or acoustic insulation failures
• Defects that impact health, comfort or basic use of the home

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10-Year Structural Guarantee – Seguro Decenal

For 10 years, serious structural defects must be covered by a decennial insurance policy (seguro decenal), which is compulsory in most residential new-build projects.

This 10-year insurance covers major structural damage, including:

• Foundation problems
• Defects in load-bearing elements
• Structural issues that threaten stability or safety

The seguro decenal protects current and future owners, even if the developer disappears or becomes insolvent.

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How do these guarantees work in practice?

To enforce these guarantees, buyers typically need:

1. An independent technical report (architect/engineer)
2. Proper formal claims to the developer and/or insurer
3. And, where necessary, legal action if they refuse to repair or compensate

These guarantees are your legal safety net, especially for hidden or serious defects that might not be visible on the day of handover.

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5. Extended Q&A: Common Questions from New-Build Buyers

Q1. Do I lose my rights if I sign the deed with defects?
No. You do not lose your legal rights simply by signing. However, if there is no written record of the defects at that time, proving them later – and showing they are the developer’s responsibility – becomes more complicated and often more expensive.

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Q2. Is the floor plan legally binding?
Yes. The floor plan, specifications and memory of qualities form part of the contract and are legally binding. The developer must deliver something substantially in line with them. However, small “tolerances” and minor variations are usually allowed, and disputes can arise if changes have not been properly documented or agreed.

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Q3. Can the developer force me to complete even if there are serious defects?
If the property clearly does not match the conditions agreed (for example, serious structural or habitability defects), your lawyer may advise delaying completion, renegotiating or even refusing to sign. Each case must be analysed carefully: do not let anyone pressure you into signing without independent legal advice.

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Q4. What if I discover defects only after I move in?
You can still use the 1, 3 and 10-year guarantees. For newly discovered defects:

1. Take photos and videos as evidence.
2. Notify the developer in writing (for example by registered letter or burofax).
3. If they do not respond or refuse to act, consult a lawyer. In many cases, an independent technical report is the next step.

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Q5. Do I really need an independent lawyer if the developer offers one?
Yes. A lawyer recommended, instructed or paid by the developer may have a conflict of interest. An independent lawyer:

• Works only for you,
• Reviews the contract and documents from your perspective,
• Negotiates snag lists, retentions and protections,
• And can clearly tell you: “Do not sign in these conditions.”

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6. Key Lessons from Today’s Case at CostaLuz Lawyers

From Laurent’s questions and concerns, we can draw some important conclusions:

• A snag list that is not signed or recognised by the developer is much weaker as evidence.
• It is nearly always better to negotiate protections before completion than to fight afterwards.
• Retentions, deadlines and clear written commitments are powerful tools for buyers.
• The 1, 3 and 10-year legal guarantees – including the decennial insurance – are strong protections, but they often require expert reports and good legal guidance to be used effectively.

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Call to Action: Are You About to Complete on a New-Build Property in Spain?

If you are:

• About to receive a new villa or apartment,
• Worried about defects, unfinished works or differences from the floor plan,
• Or unsure whether it is safe to sign your deed as things stand,

we can help you before you sign.

At CostaLuz Lawyers, we have been managing property purchases and sales online throughout Spain since 2006, always with independent, buyer-focused advice.

Get in touch with us and tell us:

• Where the property is located,
• Whether it is off-plan or already finished,
• And what concerns you have (snag list, delays, changes in plans, etc.).

We will review your situation and propose a clear, practical next step to protect your rights – and your investment – before you take the final, irreversible step of signing at the notary.

Snagging issues and community-fee questions often surface together in a new build — see our guide to first-year community fees.