Legal Responsibilities for Property Defects in Spain: Your Rights as a Buyer

One of the most common concerns during the purchase or sale of a property in Spain is the possibility of discovering construction defects after the transaction has been completed. Whether buying a new home or a resale property, buyers have legal rights, and sellers and builders assume specific responsibilities under Spanish law.

In this guide, we explain the types of defects, the legal guarantees, and what steps to take if you discover a hidden defect after buying a property in Spain.

What Are “Construction Defects” in Spanish Property Law?

A construction defect is any fault or deficiency in a building that reduces its quality or usability. A defect becomes relevant if it prevents the owner from enjoying the property in a normal and expected way.

Some defects may be classified as serious or “material” defects, particularly if:

The buyer would have not bought the property if they had known of the defect;
Or they would have negotiated a lower price.

Types of Defects: Visible vs. Hidden

1. Visible Defects (Defectos Visibles)

These are flaws or issues that can be easily detected by simple observation, either during construction or when visiting the property prior to purchase.
Examples:

Damaged walls or finishes
Missing fixtures
Superficial cracks

Spanish law does not hold sellers responsible for visible defects that a buyer could have detected with reasonable attention.

2. Hidden Defects (Defectos Ocultos)

These are defects that are not visible during a normal inspection and cannot be discovered easily by non-experts. They are typically:

Structural issues
Waterproofing problems
Foundational settlement defects (cracks, subsidence)

For a buyer to claim legal compensation, the hidden defect must:
Have existed before the sale
Be undetectable with a regular inspection
Not be known to the buyer

Legal Guarantees in New Construction Homes

If you are buying a new build property, you benefit from legal warranties established by Spanish law, which divides the builder’s responsibilities into three key timeframes:

One-Year Guarantee (1 year)

Covers finishing defects, such as:

Flooring
Paint
Carpentry
New appliances

Coverage starts from either the construction completion date or 6 months from the sale.

Three-Year Guarantee (3 years)

Covers defects that affect the habitability of the property:

Dampness
Poor ventilation
Health and hygiene issues

Cosmetic or minor issues not affecting living conditions are not included.

Ten-Year Guarantee (10 years)

Covers structural damage, including:

Foundations
Beams and pillars
Load-bearing walls

Mandatory Decennial Insurance

Spanish law requires developers and builders to take out a “Decennial Insurance” (Seguro Decenal) to cover structural defects for 10 years. This policy guarantees that, in case of serious structural faults, the buyer is financially protected and can file a claim directly with the insurance company.

What About Self-Built Homes (Autopromoción)?

If you build your own home (i.e., you own the land and hire a builder directly), you become the “developer” (promotor) of the project.

In these cases, taking out decennial insurance is optional (not mandatory).
If you later decide to sell the home within the 10-year period, you must inform the buyer in writing that no such insurance was contracted.
The buyer must explicitly accept this condition as part of the sale.

Responsibilities in Resale Property (Second-Hand Homes)

When it comes to resale homes (second-hand properties), sellers can also be held responsible for hidden defects.

Key conditions:

The hidden defect must have existed prior to the sale.
The buyer must report the defect within six (6) months after completing the purchase.
The defect must not have been known or visible during the buyer’s inspection.

How to Claim for Hidden Defects: Step-by-Step

If you suspect your property has hidden defects, you should:

1. Identify and Document the Problem

Inspect the damage and take photos or videos. Gather any supporting documentation (e.g., purchase agreement, building plans).

2. Notify the Seller in Writing

Send a certified letter (burofax or similar) informing the seller of the issue, describing:

The defect
Suspected causes
Estimated cost of repair
A request for the seller to assume responsibility

3. Obtain an Independent Expert Report

If the seller does not acknowledge the issue:

Hire an independent architect or building expert
Obtain a technical report detailing:
- The nature of the defect
- The causes
- The cost of repair

4. Seek Legal Advice

If the seller refuses to take responsibility:

Contact a specialized property lawyer
Consider negotiation or court action

Note: Litigation for minor construction defects is often time-consuming and costly. Reaching an out-of-court agreement is generally the most effective solution unless the defect is serious or structural.

When to Go to Court?

Legal proceedings may be necessary when:

The seller refuses to negotiate or acknowledge the problem
The defect significantly affects the structure, safety, or habitability
Insurance (in case of new builds) also fails to respond

Your lawyer will assess the feasibility of legal action, including evidence, timeframes, costs, and probability of success.

Conclusion: Know Your Rights Before and After Buying

Whether you are buying a brand-new property or a resale home, it is crucial to:

Understand your legal guarantees
Know the difference between visible and hidden defects
Act within the correct legal deadlines
Always seek expert advice if defects appear after the purchase

Spanish law offers strong protection to property buyers, but timely action and proper documentation are essential.

Hidden defects on Spanish properties. Claim rights for buyers. Legal procedures