Buying off-plan property in Spain

What is Off-Plan (Sobre Plano) in Spain?

Buying off-plan means purchasing a property before it is built — paying stage payments to a developer as construction progresses, with the final payment and title deed at completion.

Bank Guarantee: The Most Critical Protection

The most important legal protection for off-plan buyers in Spain is the bank guarantee (aval bancario). Developers are legally required to protect all pre-delivery payments with a bank guarantee or insurance policy. If the developer fails to complete or goes into administration, you are entitled to claim back all stage payments plus 6% annual interest.

Your lawyer must verify that a valid guarantee is provided for every stage payment you make. Never pay a stage payment without receiving the corresponding guarantee certificate.

What to Check in the Developer's Contract

Developer contracts protect the developer. Your lawyer reviews them to ensure:

  • Completion date and penalty clauses: Is there a firm completion date? What penalties apply if the developer is late?
  • Specifications and materials: Are finishes and fittings clearly described? Vague descriptions allow cheaper substitutions.
  • Plot size and built area: Discrepancies between contracted and actual size are common.
  • Community fees: What are the projected community fees? Any restrictions on use?
  • IVA and AJD: Confirm VAT (10%) and stamp duty (1.2% in Andalucía) are clearly stated.

Taxes for New Build Properties

New builds from developers are subject to IVA (VAT) at 10% of the purchase price plus AJD stamp duty at 1.2% in Andalucía. On a €400,000 apartment: €40,000 VAT + €4,800 AJD. Budget approximately 12–14% in total additional costs.

Completing an Off-Plan Purchase

Before signing the title deed, your lawyer verifies: (1) the licencia de primera ocupación has been granted; (2) all stage payments are accounted for; (3) the property matches contracted specifications; (4) the property is correctly described in the Land Registry. Do not sign without the first occupation licence.

Frequently Asked Questions

If bank guarantees were provided, you can claim back all stage payments plus 6% annual interest from the guaranteeing bank. Without valid guarantees, recovery becomes much more difficult. Having a lawyer verify guarantees for each payment is critical.
It depends on contract terms and delay length. Under Spanish law, buyers can generally terminate and recover payments if the developer fails to deliver within a reasonable time beyond the agreed date. Your lawyer advises on whether the delay gives grounds for termination.
Absolutely yes — ideally with a professional snagging inspector. Note any defects in writing before completing. For major defects, your lawyer can advise whether they justify delaying completion. Signing without reservations makes defect claims significantly harder afterwards.