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Last Updated: November 8, 2026
Quick Summary
The legal process for new builds in Spain has seven steps: confirm whether you are buying off-plan or land to build, run legal checks on the land and developer, sign a reservation agreement and private contract, budget for taxes and fees, and complete before a notary with registration at the Land Registry. Off-plan purchases usually take 2 to 3 years from contract to completion.
- Confirm first whether you are buying off-plan or land to build, since the checks differ.
- Request a nota simple from the Land Registry to confirm the owner and any charges.
- Verify the building licence covers your specific unit and phase before paying anything.
- Ask whether advance payments are protected by a bank guarantee or insurance, and confirm the issuer.
- Off-plan purchases usually take 2 to 3 years from contract signing to completion.
Table of Contents
- Step 1: Confirm What You Are Buying Before You Sign Anything
- Legal Checks Before Buying a New Build in Spain
- Reservation Agreement, Private Contract and Bank Guarantee for Off-Plan Property Spain
- New-Build Property Taxes and Fees Spain: What to Budget at Each Stage
- How Long It Takes to Buy a New Build in Spain and Completing Your Purchase
- Your Next Step: Book a Document Review Before You Pay a Deposit
- Frequently Asked Questions
Step 1: Confirm What You Are Buying Before You Sign Anything
Buying a new build in Spain usually means one of two things. You either buy an off-plan property from a developer who is still building it, or you buy a plot of land and build your own home. The legal process for new builds in Spain depends heavily on which route you take, so confirm this first.
Off-plan purchases typically take 2 to 3 years from the initial contract to completion, according to Idealista guide on buying new-build homes in Spain. During that time, buyers make staged payments to the developer as construction progresses. Your protection depends on the contract and the guarantees attached to it.
Off-plan purchase versus buying land to build
An off-plan purchase means you buy a unit the developer has not finished. The developer controls the project, the timeline and the build quality.
Buying land to build works differently. You own the plot and then commission the house. You carry more responsibility for planning, licensing and contractors.
- Off-plan: you pay in stages, the developer builds, you receive keys at handover
- Land and self-build: you buy the plot, obtain permits, then hire builders
- Resale of a finished home: no construction risk, but check the building’s legal status
Watch out: a verbal promise about finishes or completion dates means nothing until it appears in the written contract.
Legal Checks Before Buying a New Build in Spain
Before any money changes hands, you need to check the legal status of the property, the land and the developer. An independent Spanish lawyer can run these checks for you, and it is generally advisable to use one who acts only for you, not the developer.
For a broader view of the local market and what to check, you can also read our guide to new builds in Spain.
The document checklist, stage by stage
Due diligence is often easiest to manage as a chronological document request rather than a single meeting. Ask for each item in writing, note who supplies it and verify it before the next payment falls due.
Stage 1, Before the reservation agreement
- Nota simple from the Registro de la Propiedad: confirms the registered owner, the description of the plot, any mortgages, embargos or other charges, and any rights of way. Requested by your lawyer; verify it is recent, because registry entries change.
- Developer’s company details: the escritura de constitución and the CIF, so your lawyer can confirm the company is registered and has power to sell. Supplied by the developer; verify against the Commercial Registry.
- Title to the land: the developer must own the plot or hold a valid right to build on it. Supplied by the developer; verify against the nota simple.
Stage 2, Before the private contract
- Planning certificate (certificado de urbanismo) from the local council: states the zoning classification of the plot and whether the planned use is permitted. Requested by your lawyer from the ayuntamiento; verify it matches the project being sold.
- Building licence (licencia de obra): issued by the local council for the specific project. Ask for the licence number and the approved project it refers to; verify the licence covers the unit and phase you are buying, not a different block.
- Approved project and memory (proyecto de ejecución): the technical description of what will be built. Supplied by the developer; verify finishes, surfaces and unit numbers match the contract.
Stage 3, Before each staged payment
- Bank guarantee or insurance certificate covering advance payments, with the issuing bank or insurer named. Supplied by the developer; verify the certificate is issued in your name and covers the amount paid to date.
- Construction progress evidence: architect’s certificate or equivalent confirming the stage reached. Supplied by the developer; verify it corresponds to the payment milestone in the contract.
Off-plan versus land to build: the checks diverge
For an off-plan purchase, the checks above focus on the developer and the project: the company, the licence, the guarantee and the approved plans.
- Confirm the developer owns the land or has a valid right to build on it
- Check the registry for mortgages or debts on the plot
- Verify the planning permission and building licence match the project
Watch out: a licence for a different phase or a different unit number is not a licence for yours, and a nota simple older than a few weeks may not reflect a charge registered since it was issued.
The article sets out the documents to request at each stage, which a reader can scan in this table.
| Stage | Document | Verify |
|---|---|---|
| Before reservation | Nota simple | Owner, charges, rights of way |
| Before reservation | Developer company details | Registered, power to sell |
| Before private contract | Planning certificate | Zoning matches project |
| Before private contract | Building licence | Covers your unit and phase |
| Before private contract | Approved project | Finishes match contract |
| Before each payment | Bank guarantee or insurance | Issued in your name |
| Before each payment | Construction progress evidence | Matches payment milestone |
Reservation Agreement, Private Contract and Bank Guarantee for Off-Plan Property Spain
Most off-plan purchases start with a reservation agreement. This document holds the property while you complete checks, and it usually requires a small deposit.
Once checks are complete, a private contract, called the contrato privado, sets out the price, payment schedule, completion date and penalties for delay.
For a practical checklist of what to verify before paying a deposit, see Off-Plan in Marbella: 7 Checks Before You Pay a Deposit.
New-Build Property Taxes and Fees Spain: What to Budget at Each Stage
Taxes and fees add to the purchase price, so budget for them from the start. Costs differ between off-plan purchases and resales, and they arrive at different stages. The table below sets out the sequence most buyers encounter; confirm the exact rates with your lawyer, because they depend on the region and the type of purchase.
Stage-by-stage cost map
Stage 1, Reservation
- Reservation deposit: a small sum to hold the unit, usually offset against the purchase price if you proceed. Paid to the developer or the estate agency; confirm in writing whether it is refundable and on what terms.
- No tax is normally due at this stage.
Stage 2, Private contract and staged payments
- IVA (VAT) on the amounts paid to the developer as construction progresses, collected by the developer; confirm the applicable rate with your lawyer.
- AJD (stamp duty) may apply to the documented purchase depending on the autonomous community; confirm the applicable rate with your lawyer.
- Bank guarantee or insurance costs: normally borne by the developer, but confirm the certificate is issued at no cost to you.
Stage 3, Completion before the notary
- Remaining IVA on the balance of the price.
- Notary fees for the escritura pública.
- Land Registry registration fees for registering the deed.
Stage 4, After completion
- Local property tax (IBI) for the period from completion, plus any community fees from the date you take possession.
Off-plan versus resale: what changes
For an off-plan purchase from a developer, IVA and, where applicable, AJD apply. For a resale of an existing home, transfer tax (ITP) replaces IVA and AJD, and the rate depends on the autonomous community.
- Budget IVA and AJD separately from the purchase price
- Treat notary, registry and lawyer fees as distinct lines
- Confirm regional rates with your lawyer before signing
For a direct comparison of costs for new builds and resales, see New Build vs Resale in Spain: Taxes and Costs Compared.
Watch out: tax rates can change, so confirm the figures with your lawyer at the time of signing.
How Long It Takes to Buy a New Build in Spain and Completing Your Purchase
The full process usually runs 2 to 3 years for off-plan homes, measured from the contract signing to completion, according to Lawants guide on buying property under construction in Spain. Land and self-build projects take longer, depending on planning and construction.
Completion happens when the property is finished and the developer hands it over. Before you accept the keys, arrange an independent inspection to check for defects. Then sign the escritura pública, the public deed, before a notary.
- Arrange an independent snagging inspection before handover
- Sign the public deed before a notary
- Register the title at the Land Registry
If you want a fuller walkthrough of the buying steps for luxury new builds, read How to Buy a New Luxury Apartment in Estepona.
Your Next Step: Book a Document Review Before You Pay a Deposit
Before you commit money, have your documents reviewed. At New Developments Marbella, we provide direct access to developers and detailed floor plans, so you can compare properties with confidence.
Contact us to arrange a document review, and bring the reservation agreement and any developer paperwork you have received. For more buying guidance, explore our buying guides.
Frequently Asked Questions
What is the legal process for buying a new-build property in Spain?
The process usually starts with a reservation agreement and a deposit, followed by a private purchase contract, staged payments during construction, and a public deed signed before a notary at completion. Before paying, an independent Spanish lawyer should check the developer’s land ownership, the planning permission and building licence, and the guarantees offered. Ask for these documents in writing, and do not transfer large sums until the protections for advance payments are confirmed.
What documents should a developer provide when selling a new-build property?
A developer should be able to show the land title and Land Registry entry, the planning permission and building licence, the approved architectural plans, and the bank or insurance guarantee covering your advance payments. You should also expect the energy certificate, the building’s completion documentation and, at handover, the first occupation licence. Verify each document independently rather than relying on copies supplied by the developer’s sales team.
What is the difference between a reservation agreement and a private purchase contract?
A reservation agreement secures a specific unit for a short period, usually in exchange for a modest deposit, and sets the price and key conditions. A private purchase contract is the binding agreement that sets out payment schedules, delivery dates, penalties and guarantees. Because the reservation can be less detailed, many buyers face risk at this stage, so have a lawyer review it before you pay the deposit.
How long does it take to buy a new build in Spain?
Buying a property under construction often spans several years from the initial contract to completion, with staged payments made to the developer as the building progresses. Legal checks and contract review before signing can add several weeks. Delays in construction are common, so build a realistic timeline and confirm the contractual completion date and penalties for late delivery.
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