The 10-Year Structural Guarantee (Garantía Decenal)
Under Spanish law, all new residential buildings are subject to a mandatory 10-year structural guarantee (garantía decenal). The developer and builder are liable for any defects that affect the structural integrity of the building — foundations, load-bearing walls, roof structure — for 10 years from the certificate of completion (certificado de fin de obra).
This guarantee cannot be waived. If you discover structural problems within 10 years of completion, the developer or builder — and their insurer — is liable regardless of any contractual exclusion clauses they may have tried to include.
The 3-Year Guarantee
For defects that affect habitability — leaking roofs, rising damp, defective waterproofing, faulty electrical installations — there is a 3-year guarantee from the certificate of completion.
The 1-Year Guarantee
For minor defects and finishes — plasterwork, tiling, window seals, minor plumbing — there is a 1-year guarantee. Notify the builder in writing of any defects before this period expires.
Critical step: Always notify defects in writing — by burofax (the Spanish registered mail with certified content) or recorded email. Verbal notifications are difficult to prove. Your notification date starts the clock on the builder's obligation to repair.
Off-Plan Purchases: What Happens When a Developer Goes Insolvent?
Buying off-plan (sobre plano) carries specific risks that completed purchases do not. If a developer goes insolvent or simply fails to deliver, your deposit may be at risk. However, Spanish law provides important protection:
Under Law 57/1968 (and its successor provisions), developers who take deposits for off-plan residential properties in Spain are required to guarantee those deposits — either through a bank guarantee or insurance policy. If the developer fails to complete and you have a bank guarantee, you can call on the bank directly to refund your deposit.
The problem: many buyers don't receive the individual bank guarantee they're entitled to. If you're in this position, a legal claim against the developer's bank may still be possible — several Spanish courts have ordered banks to refund deposits where the bank knew deposits were being used without providing guarantees.
Construction Defects: The Claims Process
The process for a construction defects claim involves:
- Technical report: Commission an independent architect or technical expert to document the defects. This report is essential evidence in any claim.
- Formal notification: Send the developer a burofax detailing the defects and demanding repair within a specified period (usually 30 days).
- Negotiation: Many claims settle at this stage — developers prefer to repair rather than face court proceedings.
- Court claim: If negotiation fails, we file a civil claim in the Spanish courts. Most construction claims are heard by the Court of First Instance in the jurisdiction where the property is located.
Community of Owners Claims
If defects affect common areas — roof, external walls, lifts, communal pool — the Comunidad de Propietarios (the residents' association) has standing to bring a claim collectively. A successful community claim shares the recovery among all owners. CNG Lawyers acts for communities of owners as well as individual buyers.
Timescales and Costs
Spanish court proceedings for construction defects typically take 2–4 years to reach judgment in the first instance, with potential appeals adding further time. We always explore settlement first. In many cases, a strong legal letter and technical report produce a settlement within months.
Legal costs are claimable from the losing party if you win. We offer a case assessment before taking on any litigation matter.