defective property claim spain

Defective Property Claims in Spain – Know your rights.

If you purchased a new build property in Spain which has defective or negligent building work, Worldwide Lawyers can help you find the right lawyer for you. 

Unfortunately it is sometimes the case that purchasers of a new build property in Spain find that the property has been handed over to them with structural defects, substandard work or flawed finishings, generating considerable stress for the purchasers.

It can be particularly upsetting and frustrating if the seller, selling agent or property developer are not willing to help put the issues right, leaving purchasers of defective Spanish properties without knowing their rights or who is legally responsible.

If this has happened to you, the good news is that there are a number of consumer regulations in Spain which protect the property buyers in this situation and there are lawyers who specialise in defective property cases in Spain.

If the above situation sounds familiar, Worldwide Lawyers can recommend reliable lawyers in Spain who can support you with your defective Spanish property claim. Depending on the circumstances, it may also be possible to make the claim on a ‘No Win No Fee’ arrangement.

What rights does a purchaser of a defective Spanish property have?

If you have purchased a property in `Spain which has flawed or defective construction, facilities that fail to meet habitation requirements or substandard work, it is possible to make a claim against the seller, promotor (agent), developer in accordance with relevant Spanish consumer legislation.

You do not need to be the first owner of the property to make a defective property claim in Spain however the strongest cases are those where the property was built within 5 years of the claim.

Depending on the circumstances there are 3 different pieces of Spanish legislation under which a Spanish defective property claim can be brought.

Your lawyers can advise of the most advantageous process given your specific circumstances.

What Can I Claim For?

In accordance with Spanish law, you can claim for the following:

  1. Construction damages (the amount it costs to redo or remedy the property defects)
  2. Moral damages (compensation for emotional distress)
  3. Legal interest
  4. Legal fees

This means that not only is is possible to claim for the amount to put right the defects and the costs of bringing the legal claim but also compensation for the stress suffered as a result.

What Are the Deadlines for Bringing A Claim? 

Depending on the particular Spanish law that the claim is based on, the deadline can be anywhere between 1- 10 years. It is therefore extremely important to contact a Spanish lawyer to discuss bringing a claim in relation to defects in the Spanish property as soon as possible to ensure you are aware of any relevant deadlines and do not lose your chance to claim for any compensation due.

If you would like advice on bringing a claim for defects with your property in Spain, do not hesitate to get in contact with our team at or +44(0)1244 470 339