Snagging a new build in Spain means inspecting the finished home before the deed and giving the developer a written list of defects. After that, the law covers finishes for 1 year, habitability for 3 years and structure for 10 years, counted from when the developer accepts the building from the builder, not from your completion day.
How does snagging a new build in Spain work?
Snagging is your visit to the finished home before the notary. You walk through it, list what is wrong, and the developer agrees in writing to put it right. Spain's Building Act (Ley 38/1999, known as the LOE) has no formal snagging stage for the buyer. What counts is a written snag list that the developer has received.
The Act does set out a handover, but not yours. Article 6 describes the acceptance of the works (acta de recepción), signed by the developer and the builder. Unless they agree otherwise, it should happen within 30 days of the builder's written notice that the work is finished. If the developer raises no written objection in that time, the building counts as accepted anyway.
That date matters to you, because every defect period in the Act runs from it. Ask your lawyer or the developer for it before you sign.
If you have bought new in the UK, forget the NHBC model, where a Buildmark policy usually gives a two-year builder warranty and then eight years of insurance. Spain has no such product. Your cover comes from the law itself, plus a compulsory structural insurance policy.
Who can carry out the snagging inspection?
Three people can walk round the home for you:
- you, in person,
- someone holding your power of attorney,
- an independent surveyor or architect that you hire.
GOV.UK says a survey is not obligatory, but that it is wise to get a chartered surveyor to check the property.
We advise coming out once in person to see the home, because photos never show everything. During that visit you can also sign a power of attorney at a Spanish notary, so a lawyer or a person you trust can deal with the rest without further flights. You will need your NIE (foreigner's identification number) for the notary and the deed.
If you cannot travel, a power of attorney can be signed before a UK notary public and then legalised with an apostille. The UK Legalisation Office charges £45 per document on its standard paper service, which usually takes up to 25 working days plus postage. Ask your Spanish lawyer for the wording first, because the notary in Spain has to accept it.
UK passport holders can stay up to 90 days in any 180-day period in the Schengen area, and snagging trips count towards that. Irish citizens are EU citizens, so the limit does not apply to them. Our guide to wintering in Spain and the 90-day rule explains how the days add up.
Snagging list: what to check in a new build
Focus on what you will not see later: the fall of the terrace towards its drain, whether the windows seal, and whether every drain empties. This 10-point snagging list covers a typical Costa Blanca flat.
- Walls and ceilings: cracks, uneven surfaces, damp marks, the quality of the paint.
- Floors: cracked tiles, hollow tiles (tap them and listen), skirting.
- Windows and doors: do they close properly, seals, shutters, locks.
- Plumbing: water pressure, hot water, drains in basins, shower and terrace.
- Electrics: every socket and switch, the fuse board, outdoor lights.
- Air conditioning: is it fully installed, or only pre-installed (preinstalación)?
- Kitchen and appliances: fitted properly, working, and matching the specification.
- Terrace: the fall towards the drain, railings, waterproofing.
- Communal areas: pool, lift, gardens, entry phone.
- Parking space and storeroom: the number matches your contract.
Write everything down, take dated photos, and send the list to the developer in writing.
Which documents should you collect at handover?
At handover and at the deed, the developer should give you the occupancy document, the energy certificate, the building book and the appliance warranties. GOV.UK says developers cannot force you to complete without the first occupancy licence, and without an occupancy document it is hard to sign permanent water and electricity contracts.
In the Valencian region, which includes the whole Costa Blanca, a new home usually gets a declaration of responsibility for first occupation (declaración responsable de primera ocupación) instead of a licence. Under Decreto 12/2021 the developer files it with the town hall and must hold, among other papers, a document from the suppliers confirming that water and electricity can be contracted. The decree also lets a town require an express licence through its own bylaws, so your lawyer should check which applies.
| Document | Why you need it | Notes |
|---|---|---|
| Licencia de primera ocupación or declaración responsable de primera ocupación | Proves the home can be lived in, needed for utility contracts | The name and form depend on the region and the town |
| Energy certificate | Energy rating, also needed when you sell or let | Issued for the finished building |
| Building book (libro del edificio) | Technical file and the maintenance instructions | The Act says it goes to the end users; in a block it usually goes to the community of owners |
| Appliance warranties | Kitchen appliances, air conditioning, water heater | Note the start dates |
| 10-year structural insurance (seguro decenal) | Cover for structural defects | GOV.UK says it should be in the building book; keep the insurer's details |
| Statement of stage payments | Proves your payments during the build were set against the price | The payment guarantee is cancelled once the occupancy document exists and the home is delivered |
How stage payments and bank guarantees work before this point is covered in our guide to buying off plan property in Spain.
How long is a Spanish developer liable for defects?
Article 17 of the Building Act sets three periods, counted from acceptance of the works without objections, or from the day any objections were put right:
| Period | What it covers | Examples |
|---|---|---|
| 10 years | Structure: foundations, pillars, beams, floor slabs, load-bearing walls | Structural cracks, subsidence |
| 3 years | Building elements and installations that make the home fail its habitability requirements | Leaks, damp, poor insulation, faulty installations |
| 1 year | Finishes | Tiles, paint, doors, taps |
The Act names the builder for finishing defects. Towards buyers, though, the developer answers jointly with the others involved for material damage caused by construction defects (article 17.3).
An example. The developer accepts the building from the builder in March and your deed is in July. The one-year cover for finishes ends the following March, eight months after you got the keys. So report a snag found in your first winter straight away.
There is a second clock too. Under article 18, a claim for this damage must be brought within two years of the damage appearing. So do not sit on a defect, even one that is still inside its 1, 3 or 10 year period.
How do you report a defect after completion?
Report it to the developer in writing, with photos and the date you found it, within the period that fits the defect. Defects in the communal areas are reported by the community of owners, through its administrator. Our guide to community fees in Spain explains how a community works.
- Photograph the defect and describe it, with the date.
- Send a letter or email to the developer and keep proof that it arrived. The strongest route is a burofax, a Spanish postal service that certifies the content of what you sent and has legal value as proof. Correos lets you send one online from anywhere.
- Give a deadline for the repair.
- If the developer does not respond, speak to a lawyer. For structural defects there may also be a claim on the 10-year policy.
Can you refuse to complete if the snag list is long?
If there are serious defects, or there is no occupancy document, you may be able to delay the deed until they are put right. Small snags usually go on a list to be fixed after completion. The details depend on your contract, so raise them early with your lawyer.
Keep in mind what you will pay on the day. A new build carries VAT (IVA) at 10 per cent, and legal and official costs come to up to 4 per cent, so budget up to 13 to 14 per cent on top of the listing price. On a €250,000 (about £208,900) new build, the total can reach €285,000 (about £238,100). Pound figures use the ECB reference rate of 13 November 2026. Our guide to buying property in Spain costs breaks this down.
Still deciding between a new home and an older one? Read new build vs resale in Spain.
Frequently asked questions
Is a snagging survey worth it in Spain? Yes, if you cannot attend the handover or do not know building work. A person holding your power of attorney can sign for you, but is not usually qualified to judge the condition of the home. A surveyor or architect will give you a dated defect list with photos, which carries more weight with a developer than your own notes.
Is there an NHBC-style warranty on new builds in Spain? Not as a product you buy. Spanish law makes the builder and developer liable for finishes for 1 year, habitability defects for 3 years and structural defects for 10 years, counted from acceptance of the works. A 10-year structural insurance policy is compulsory for housing and covers later owners too.
Who pays for snagging repairs in Spain? Within the 1, 3 and 10 year periods, the developer or the builder pays. For structural defects, the 10-year insurer also pays. If you hire a surveyor for the snagging inspection, that fee is yours. Agree in writing which repairs will be done and by when.
What is the seguro decenal? It is the compulsory 10-year insurance against structural defects in new housing, set by Spain's Building Act. It covers damage from defects in the foundations, beams, floor slabs and load-bearing walls. The developer takes it out, and the policy names you and any later owner as insured, so a buyer from you is covered too.
What about defects found after the first year? Finishing defects are no longer covered by the one-year period in the Building Act. Defects in installations and habitability (3 years) and in the structure (10 years) still are. Whether your purchase contract gives you any other route is a question for your lawyer.
Can I do the snagging from the UK? Partly. A surveyor or a person holding your power of attorney can inspect for you and send photos. We still advise one trip in person to see the home, and you can sign the power of attorney at a Spanish notary while you are there. Repairs later need someone in Spain to let the builders in.
Buying a new build on the Costa Blanca?
Tell us your budget and the towns you like, and we will send new build homes that fit, or start with property for sale in Torrevieja. We work with lawyers and banks, we help you gather the handover papers, and we keep an eye on your deadlines. Tripinvest ES is a licensed agency (RAICV 4221) with offices in Torrevieja and Calpe and a head office in London. Service is in English from the first call to the notary. Our clients don't pay us commission.
General information as of 13 November 2026, not legal advice.
Or call us on +44 20 3888 0008.
Sources
Last checked: November 2026
- BOE, Ley 38/1999 de Ordenación de la Edificación, consolidated text: article 3 (habitability), article 6 (acceptance of the works), article 7 (building book), article 17 (1, 3 and 10 year periods, developer's joint liability), article 18 (two-year limit), article 19 (insurance), first additional provision (payment guarantees cancelled on delivery) and second additional provision (10-year insurance compulsory for housing): boe.es (official)
- INAP, summary of Decreto 12/2021 del Consell of 22 January 2021 on the declaration of responsibility for first occupation in the Valencian region: laadministracionaldia.inap.es (official)
- GOV.UK, How to buy property in Spain (last updated 13 May 2021): gov.uk (official)
- GOV.UK, Get a document legalised: gov.uk (official)
- GOV.UK, Spain travel advice, entry requirements: gov.uk (official)
- Correos, Burofax: correos.es (official)
- NHBC, Buildmark cover in the first two years and in years 3 to 10: nhbc.co.uk and nhbc.co.uk
- European Central Bank, euro foreign exchange reference rates, 13 November 2026 (€1 = £0.83559): ecb.europa.eu (official)
- Photo: Ximonic (Simo Räsänen), residential blocks in Punta Prima, Torrevieja (January 2022), Wikimedia Commons, CC BY-SA 4.0: commons.wikimedia.org
