New-build property handover in Spain: what should you check before collecting the keys?

When taking possession of a new-build Spanish home, three things should be checked separately: the documents, the property's actual technical condition, and the process for resolving defects found. Collecting the keys does not replace any of these checks. Request a pre-handover inspection, prepare a photographic snagging list, and establish in writing who will arrange the repairs.

This guide focuses on the handover of new homes purchased from a developer on the Costa del Sol. You can find the earlier stages in our complete guide to buying property in Spain.

Three events to treat separately

The buyer's condition inspection, completion before a notary, and formal acceptance of the construction work are different events.

During the buyer inspection, you compare the actual property with the contract and technical specification. The purpose is to identify differences before moving in and furnishing the home.

Agree the financial, legal and practical conditions of notarial completion and possession with your lawyer and the developer. Clarify in advance the sequence for paying the remaining purchase price and receiving the documents and keys.

By contrast, recepción de la obra under Spanish building law is the acceptance of the works between the contractor and the developer. It also matters for statutory liability periods. Ask for the acceptance record, its date, and evidence that any reservations were resolved. Source: Ley 38/1999, Article 6.

If you are still preparing your purchase, our Costa del Sol buying guide explains the full process.

Which documents should you request for handover?

Create a shared digital folder with your lawyer and technical inspector in advance. The identifiers for the home, parking space and storage room in the documents should match the units purchased in the contract.

In particular, request and have the following checked:

• •Contract, floor plan and technical specification: these allow you to check the layout, finishes and agreed modifications.
• •Documents permitting use or occupation: your lawyer should establish which licences or equivalent documents apply to the property and whether they are in order.
• •Insurance and guarantees: retain the documentation, contact details and claims procedure.
• •Libro del Edificio: for an apartment building, the building book may pass to the owners' association; clarify how you can access it.
• •Operating and maintenance manuals: request the documents for the home's equipment and systems.
• •Utility connections and community documents: clarify the status of services, community rules and who bears each cost.

Andalusian consumer rules expressly identify documents needed for use, insurance, building documentation and information about utility connections among the documents connected with a first sale. Source: Decreto 218/2005, Article 9.

For the energy documentation, also request the certificate for the completed building. The certificate prepared from the design and the certificate for the building as actually completed are separate documents; verify the final rating from the latter. Source: Real Decreto 390/2021, Article 9. The guide to energy certificates for Spanish new-build homes explains how to check both main indicators, the Andalusian register and utility-cost estimates separately.

On-site checklist: what should you test?

Arrange an inspection during which the systems can be tested. If electricity or water is unavailable, record the missing tests separately: 'not testable' does not mean defect-free.

Bring the floor plan, technical specification and list of agreed modifications. For more complex defects, consider appointing an independent local technical inspector.

A visual inspection is useful, but it does not replace professional examination of concealed structures or building services. A good paint finish, for example, cannot establish whether waterproofing is adequate.

How do you prepare a useful snagging list?

Give every defect a reference number. Record its exact location, the observed issue, the photo identifier and the action requested. Include separate fields for the person responsible for the repair and the promised completion date.

Illustrative example: 'H–03, living-room terrace door: the door does not secure correctly when the lock is operated. Photo: H03–1; video: H03–2. Requested action: adjustment and repeat operational test.' This is not a real client case, but an example of a possible entry.

Describe what you observe rather than guessing the cause. 'Water appears at the foot of the adjacent wall when the shower is used' is more precise than stating, without evidence, that 'the waterproofing is defective'.

Send the list to the developer in writing and request acknowledgement and a repair schedule. Recheck the affected area after repair and retain the close-out records. Andalusian consumer guidance recommends first notifying the developer or contractor; if the matter is not resolved, a formal complaint can be made. Source: Consumo Responde, defects in new homes and complaints.

If there is a safety issue, serious water ingress or a material contractual difference, agree the next step with a technical specialist and lawyer. The consequences of withholding part of the price unilaterally or refusing handover must be clarified beforehand.

What do the 1, 3 and 10-year periods mean?

Spanish building law assigns different liability periods to different types of damage:

This is not a ten-year guarantee covering every problem. Classification depends on the cause and consequence of the defect.

The law links the start date to acceptance of the construction work without reservations, or to resolution of those reservations; do not automatically count from your own key handover. Limitation for bringing a claim is a separate issue: Article 18 generally provides a two-year period from when the damage occurs, without prejudice to any remaining contractual claims. Source: Ley 38/1999, Articles 17–18.

As a practical step, request the documents supporting the start date and record any defect as soon as it is identified. Ask a Spanish lawyer to calculate the deadline applicable to the particular case.

How should you organise handover from abroad?

Decide in advance who will carry out the legal review, who will conduct the technical inspection, and who will recheck repairs. A representative's attendance is useful when their task and authority to make decisions are precisely recorded.

For a remote handover, request room-by-room photographs, videos of operational tests and an itemised report. Require anything that could not be checked to be identified separately. Your lawyer should prepare the power of attorney for the specific tasks to be performed.

Before moving in, clarify utility contracts, meter readings, the community contact and when community charges begin. To plan further expenses, use our guide to Spanish property costs and taxes, then verify the actual figures against your own development documents. The utility activation guide separately explains pre-move-in checks for the CUPS, electrical certificate, electricity contract and water supply.

What should you bring to key handover?

Keep the contract and technical specification, the outcome of the document review, the photographic snagging list and the aftercare contact details to hand. Request copies of signed documents and keep any open items on a separate list.

This guide provides general information. A technical specialist should assess the specific condition of the property, while an independent Spanish lawyer should assess the legal conditions of handover and any claim.

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