Off-plan, completed projects, developer contract, taxes, guarantees and legal due diligence
Buying a new-build property in Spain is a popular strategy among foreign buyers. New residential complexes attract buyers with modern layouts, energy efficiency, terraces, swimming pools, parking, storage rooms, lifts, security, views, infrastructure and the possibility of buying during construction with staged payments.
But a new-build in Spain is not simply “a new apartment from a developer”. The buyer must understand the stage of the project, whether there is a building permit, whether advance payments are protected, what exactly is included in the price, when the keys will be handed over, which taxes must be paid, whether a mortgage is possible, which guarantees apply after completion and which risks exist if construction is delayed.
In 2026, interest in new-builds in Spain remains high, but quality supply is limited, prices are rising, and construction timelines and permit procedures may differ by region. Therefore, the buyer needs not only to choose a beautiful project, but also to check the legal, financial and technical side of the purchase.
The main conclusion: buying a new-build property in Spain can be convenient and promising, but it becomes safe only after checking the developer, licences, contract, bank guarantees, taxes, deadlines and handover conditions.
Key Takeaways on Buying a New-Build Property in Spain
A new-build property in Spain may be a completed property, a property in the final stage of construction or an off-plan purchase, where the project is still being built or has just entered the market.
The earlier the project stage, the greater the potential choice of layouts, views and prices, but the higher the dependence on construction deadlines, permits, the developer and market conditions. The closer the property is to completion, the lower the waiting risk, but the choice is usually smaller and the price may be higher.
When buying new residential property, the buyer usually pays IVA. In mainland Spain, the standard IVA rate for residential property is 10%. AJD — stamp duty on documented legal acts — also usually applies, and its rate depends on the autonomous community. This means that the purchase budget for a new-build must almost always be higher than the advertised property price.
If the buyer pays money to the developer before construction is completed, advance payments must be protected by a bank guarantee or insurance mechanism. This is one of the key safety elements when buying off-plan.
The buyer must check not only the apartment, but the whole project: land plot, developer’s right to build, building permit, contract, payment schedule, bank guarantees, quality specifications, deadlines, penalties, first occupancy licence, comunidad expenses and rental possibility.
What Counts as a New-Build Property in Spain?
In everyday language, a new-build is new housing sold by a developer. But for taxes and legal due diligence, it is important to understand whether the transaction is the first transfer of the property.
Usually, a new-build is a property transferred for the first time to the buyer by the developer after construction. It may be:
an apartment in a new residential complex;
seaside apartments;
a townhouse;
a villa in a new project;
a house under construction;
an off-plan property;
a completed but unsold apartment from the developer;
a parking space and storage room transferred together with the home.
If the property has already been transferred to the first buyer and is then resold, it may already be part of the resale market, even if the building is new by age. The tax regime will be different.
Therefore, before buying, it is necessary to clarify whether this is a first transfer from the developer or the resale of a new property by a private owner.
Off-Plan: Buying During Construction
Off-plan means buying property at the project or construction stage, before the property is completed and keys are handed over.
The buyer chooses an apartment or house based on plans, renders, models, specifications and the contract. Usually, they pay a reservation, then sign a private contract with the developer and pay part of the price according to a schedule. The balance is paid at the notarial transfer after construction is completed.
Advantages of off-plan
greater choice of layouts;
possibility to choose floor, view, orientation and property type;
price at an early stage may be more attractive;
payments may be staged;
the property is new and energy efficient;
mortgage and relocation can be planned in advance;
parking, storage room, swimming pool and common areas are often included.
Disadvantages of off-plan
you need to wait for construction completion;
delays are possible;
the developer must be checked;
bank guarantees are important;
the project may change in details;
the mortgage is formalised closer to completion;
the market may change during construction;
the contract must be read carefully.
Buying off-plan suits buyers who are ready to wait and want a new property, but it requires especially strict legal due diligence.
Completed New-Build Property
A completed new-build is a property whose construction has been completed or is almost completed. In this case, the buyer can see the real property, check quality, layout, view, common areas and handover timing.
Advantages of a completed new-build
lower delay risk;
the property can be inspected;
construction quality is clearer;
views and surroundings are easier to assess;
mortgage can be arranged faster;
keys can be received sooner;
comunidad expenses are clearer;
there is less uncertainty.
Disadvantages
the price may be higher than at an early stage;
the best units may already be limited;
layout is already fixed;
the buyer cannot significantly influence finishes;
some units may remain unsold for objective reasons;
it is necessary to check why the property was not sold earlier.
A completed new-build may be a good option for a buyer who values speed, predictability and the possibility of seeing the property before the transaction.
New-Build or Resale: Which Should You Choose?
New-build and resale property are different strategies.
A new-build is suitable if the buyer values:
new condition;
energy efficiency;
modern layout;
terrace;
parking;
storage room;
swimming pool;
lift;
complex with infrastructure;
minimal renovation;
developer guarantees;
possibility of staged payment.
Resale property is suitable if the buyer values:
established location;
central districts;
possibility to live in or rent out immediately;
wider choice;
understanding the real building;
renovation potential;
often more flexible negotiation;
faster transaction.
A new-build is not always better than resale. It simply solves different tasks. In strong cities, new-builds are often located not in the historic centre, but in new districts or suburbs. Therefore, the buyer must compare not only the property quality, but also location, transport, liquidity and future demand.
Main Stages of Buying a New-Build Property
The process of buying a new-build usually goes through several stages.
Choosing the project
The buyer chooses the region, developer, residential complex, property type, budget, construction stage and purchase goal.
Reservation
The buyer may pay a small reservation to secure a specific unit. The reservation terms must be read carefully: whether the payment is refundable, for how long the property is removed from sale and what happens in case of withdrawal.
Legal due diligence
The lawyer checks the developer, land plot, building permit, contract, bank guarantees, taxes, deadlines, payment schedule and project risks.
Private contract with the developer
After the check, a contrato privado de compraventa or another contract is signed. It fixes the price, property, deadlines, payments, guarantees, specifications and handover terms.
Staged payments
The buyer pays according to the schedule. Every advance payment must be protected according to the applicable rules.
Construction completion
The developer completes the property, obtains the required documents, prepares the handover and notifies the buyer.
Property inspection
The buyer or representative inspects the property, records defects and checks compliance with the specifications.
Notarial transaction
The escritura pública de compraventa is signed, the balance is paid, the mortgage is formalised if there is one, and the keys are handed over.
Taxes and registration
After the notary, taxes are paid and the property is registered in the buyer’s name in the Registro de la Propiedad.
Transfer of services
The buyer connects electricity, water, internet, insurance, comunidad and tax support.
Reservation in a New-Build Project
Reservation is the first payment that the buyer often makes when choosing a new-build property.
It may be called reserva, booking deposit or señal. Its purpose is to temporarily secure the property for the buyer and remove it from sale for a certain period.
Before paying a reservation, it is necessary to check:
who receives the money;
whether the reservation is refundable;
for how long the property is reserved;
whether the price is fixed;
whether the specific property is fixed;
whether parking and storage room are stated;
withdrawal conditions;
what happens if legal due diligence is negative;
when the main contract is signed;
whether the reservation is credited towards the price;
which account the money is transferred to;
whether IVA applies to the reservation payment.
Money should not be transferred to a developer or agency without a clear document. Even a small reservation should be documented in writing.
Contract with the Developer
The main document when buying a new-build is the contract with the developer.
It may be called contrato privado de compraventa, contrato de compraventa de vivienda en construcción, contrato de reserva or another name, depending on the stage and transaction structure.
The contract must check:
developer details;
developer’s right to sell;
property description;
apartment or villa number;
floor;
area;
terrace;
parking;
storage room;
common areas;
price;
IVA;
AJD;
payment schedule;
bank guarantees;
completion deadline;
delay conditions;
quality specifications;
plans;
project changes;
key handover;
first occupancy licence;
defects;
guarantees;
penalties;
termination conditions;
mortgage;
assignment of the contract to a third party;
taxes and expenses;
applicable law.
The developer’s contract is often drafted in the developer’s favour. It must be checked before signing, not after making large payments.
Bank Guarantees
A bank guarantee or insurance of advance payments is one of the key buyer protections when buying off-plan.
If the buyer pays money to the developer before construction is completed, these amounts must be protected. The guarantee should cover the payments made, taxes and legal interest if construction does not start or the property is not completed within the established deadline.
Before paying, it is necessary to check:
whether an individual guarantee is issued;
which bank or insurance company provides it;
which amounts are covered;
whether it covers IVA;
whether it covers interest;
validity period;
which property it is issued for;
whether buyer details match;
whether contract details match;
which account must receive the payment;
whether refund can be claimed in case of delay;
what the procedure for claiming from the guarantor is.
The buyer should not be satisfied with a general promise that “the guarantee will be issued”. A specific document must be seen and it must be clear which payments it covers.
Why You Should Not Pay Without a Guarantee
Paying the developer without a bank guarantee increases the buyer’s risk.
If the project is delayed, does not start, is stopped or the developer faces financial problems, it will be more difficult for the buyer to recover the money.
It is especially dangerous to:
pay to an ordinary account without confirmation;
pay before checking the building permit;
pay without a contract;
pay without an individual guarantee;
pay in cash;
pay to a third-party account;
pay through a non-transparent structure;
pay before checking the developer.
When buying off-plan, the rule is simple: first check the contract and guarantee, then make the payment.
Checking the Developer
Before buying, the developer itself must be checked.
It is important to understand:
who the developer is;
whether they have experience;
which projects they have already built;
whether there are court disputes;
whether there are financial problems;
who owns the land;
whether there is project financing;
which bank is involved;
who the construction contractor is;
the architect’s reputation;
who sells the property;
whether real permits exist;
completion deadlines of previous projects;
how the developer resolves defects.
A well-known brand does not cancel legal due diligence. Even large projects must be analysed through documents.
Checking the Land
When buying a new-build, it is important to check whether the developer has the right to build on the specific plot.
The lawyer should check:
land ownership;
Registro de la Propiedad;
Catastro;
urbanismo;
land use;
permitted construction;
absence of seizures;
absence of mortgages or understanding of their removal;
project documentation;
división horizontal, if applicable;
obra nueva;
building restrictions;
easements;
road access;
utility connections.
If the land or project has problems, this may affect the entire complex and handover timing.
Building Permit
Licencia de obra, or building permit, is a key project document.
Before buying, it is necessary to check:
whether the licence has been issued;
which municipality issued it;
which project it covers;
which plot it covers;
whether the contract matches the project;
whether the validity period has expired;
whether there are conditions or restrictions;
whether construction started legally;
whether the property can be sold at this stage;
whether there are risks of project changes.
Buying at a stage where the licence has not yet been obtained is possible, but the risk is higher. In this case, the contract must clearly protect the buyer and provide for refund if the licence is not obtained.
First Occupancy Licence
Licencia de primera ocupación, licencia de primera utilización or an equivalent document confirms that the completed property complies with permits and can be used for residential purposes.
This document is important for:
legal residence;
utility connections;
mortgage;
property registration;
key handover;
rental;
future sale;
confirmation that construction matches the project.
The buyer must understand whether the property handover will take place after obtaining the first occupancy licence or before it. Without this document, problems may arise with water, electricity, registration and use of the property.
In some regions, procedures and document names may differ, so the rules of the specific municipality must be checked.
IVA When Buying a New-Build
When buying new residential property in Spain, the buyer usually pays IVA. In mainland Spain, the standard IVA rate for housing is 10%.
IVA usually applies to the property price and is paid to the developer.
If the buyer pays in stages, IVA is usually charged on the corresponding payments.
For example:
property price — €400,000;
IVA 10% — €40,000;
total price and IVA payment — €440,000, excluding AJD and transaction costs.
It is important to check whether the advertised price is shown with or without IVA. New-build prices are often shown without taxes, and the buyer must add IVA separately.
AJD When Buying a New-Build
In addition to IVA, AJD — Actos Jurídicos Documentados — usually applies when buying a new-build.
AJD depends on the autonomous community. The rate differs between regions.
Example:
property price — €400,000;
AJD 1.5% — €6,000.
In this case, IVA and AJD alone may amount to €46,000 above the property price.
Buyers often remember IVA but forget AJD. This is a mistake because AJD can be a significant amount, especially for expensive property.
Canary Islands
The Canary Islands have a special tax system. Instead of IVA, IGIC applies.
This is important for buyers in Tenerife, Gran Canaria, Lanzarote, Fuerteventura and other islands.
If the buyer is considering a new-build in Costa Adeje, Los Cristianos, Playa de las Américas, the south of Gran Canaria or other areas of the Canary Islands, the tax calculation must be made separately.
Rules from mainland Spain must not be automatically applied to the Canary Islands.
Costs When Buying a New-Build
The buyer of a new-build must consider not only the property price.
The budget should include:
property price;
IVA or IGIC in the Canary Islands;
AJD, if applicable;
notary;
ownership registration;
lawyer;
gestor;
translations;
power of attorney, if buying remotely;
bank expenses;
valuation, if there is a mortgage;
insurance;
furniture;
appliances;
lighting;
curtains;
kitchen, if not included;
terrace furniture;
internet;
utility connections;
initial comunidad payments;
reserve for defects and adjustments.
A new-build may require less renovation, but often requires significant furnishing and equipment expenses.
What Is Included in the New-Build Price?
One of the most common mistakes is not clarifying what exactly is included in the price.
Specifications may differ from project to project.
It is necessary to check:
whether the kitchen is included;
whether appliances are included;
whether wardrobes are included;
whether lighting is included;
whether air conditioning is included;
whether the heating system is included;
whether terrace furniture is included;
whether parking is included;
whether a storage room is included;
whether taxes are included;
whether furniture is included;
whether utility connections are included;
whether additional finishing packages exist.
Advertising images often show interiors with furniture and decor that are not included in the price. The buyer must look not only at renders, but also at the quality specifications.
Memoria de Calidades
Memoria de calidades is the quality specification of the property. It describes materials, equipment, finishes, systems and project characteristics.
It may specify:
floor type;
windows;
doors;
kitchen;
sanitary ware;
taps;
air conditioning;
heating;
insulation;
façade;
lift;
common areas;
swimming pool;
parking;
energy efficiency;
security systems;
intercom;
brands or equivalents.
The buyer should carefully check the memoria de calidades. If the developer reserves the right to replace materials with “equivalent” ones, it is important to understand which replacements are acceptable and how quality is controlled.
Plans and Area
When buying a new-build, the buyer often relies on plans.
It is necessary to check:
usable area;
built area;
common areas;
terrace area;
garden area;
parking area;
storage room area;
orientation;
view;
floor;
location within the complex;
distance to the lift;
noise;
neighbouring properties;
future construction nearby.
It is important to understand the difference between superficie útil and superficie construida. Usable area is not the same as built area, which includes walls and a share of common elements.
If the buyer compares projects, the same type of area must be compared.
Construction Deadlines
Completion date is one of the key contract points.
It is necessary to check:
planned completion date;
key handover date;
permitted delay;
what counts as force majeure;
consequences of delay;
when the buyer can terminate the contract;
which amounts are refunded;
who pays interest;
notification procedure;
when the bank guarantee is activated.
Construction delays are possible. They may be related to permits, contractors, supplies, weather, financing, municipal procedures or project changes.
The buyer should have a realistic plan and not base critical life decisions only on an optimistic completion date.
What to Do If Construction Is Delayed
If construction is delayed, the contract must be reviewed.
The buyer must understand:
whether the delay is permitted under the contract;
whether the developer notified the buyer;
what the new handover date is;
whether there is a right to terminate;
whether payments can be refunded;
whether interest can be claimed;
whether the bank guarantee can be activated;
whether a formal notice must be sent;
the developer’s response deadlines;
which documents are needed.
It is not advisable to act emotionally. In case of delay, first obtain legal analysis of the contract, guarantees and actual project situation.
Mortgage for a New-Build Property
A mortgage for a new-build depends on the project stage.
If the property is completed, the mortgage is arranged closer to the notarial transaction: the bank values the property, checks the buyer and prepares the loan.
If the property is bought off-plan, the mortgage is usually arranged closer to completion. At an early stage, the bank may give a preliminary analysis, but final approval will depend on the buyer’s financial profile and property valuation at the time of handover.
The buyer needs to consider:
the bank may not approve the mortgage in the future;
rates may change;
valuation may be below the price;
the buyer’s income may change;
bank conditions may change;
the property must be completed and legally formalised;
developer documents are needed.
If the purchase depends on a mortgage, this should be reflected in the developer contract as far as possible.
Developer’s Bank Mortgage
Sometimes the developer has an agreement with the bank financing the project. The buyer may be offered a mortgage through that bank.
Advantages
the bank already knows the project;
the process may be faster;
valuation may be easier;
some documents are already with the bank;
conditions may be prepared in advance.
Disadvantages
conditions are not always the best on the market;
the buyer may not fit the bank’s profile;
offers should be compared with other banks;
linked products may apply;
the full cost of the loan must be reviewed.
The buyer is not obliged to automatically take the mortgage from the developer’s bank. It is better to compare several offers.
Property Inspection
Before the notarial transaction or key handover, the property must be inspected.
The inspection should include checking:
area;
layout;
windows;
doors;
flooring;
walls;
ceilings;
plumbing;
electrics;
air conditioning;
heating;
kitchen;
appliances, if included;
terrace;
railings;
view;
parking;
storage room;
common areas;
swimming pool;
lift;
access;
sound insulation;
damp;
cracks;
compliance with memoria de calidades.
All defects must be recorded in writing and preferably with photographs. It is necessary to understand which defects are corrected before the notary and which after key handover.
Defects After Key Handover
Defects are possible in new-builds even with good developers.
They may be:
cosmetic;
functional;
technical;
related to finishes;
related to engineering systems;
related to damp;
related to common areas;
structural.
The buyer must report defects in writing and within the established deadlines.
It is important to keep:
inspection report;
photographs;
correspondence;
requests to the developer;
responses;
correction deadlines;
expert reports;
guarantee documents.
If defects are serious, a technical expert and lawyer should be involved.
New-Build Guarantees
In Spain, new-builds have guarantees for different types of defects. In general terms, the guarantee system may cover finishing defects, defects in building elements and more serious structural problems for different periods.
The buyer must understand:
which guarantees apply;
when the term starts;
what is covered;
what is not covered;
how to file a claim;
to whom the notice must be sent;
which evidence is needed;
response deadlines;
when a technical report is needed.
A guarantee does not mean that the developer will automatically fix everything quickly and without dispute. Therefore, defects must be recorded correctly.
Comunidad in a New-Build Complex
After the complex is delivered, the comunidad — owners’ community — is created or activated.
The comunidad is responsible for common areas:
swimming pool;
garden;
lifts;
garage;
security;
lighting;
cleaning;
administrator;
building insurance;
repairs;
technical maintenance;
reserve fund.
Before buying, a forecast of comunidad expenses should be requested. But the actual amount may be clarified after completion and launch of the complex.
If the complex has a swimming pool, gardens, gym, security, concierge and large common areas, comunidad may be high. This matters for ownership budget and rental yield.
Can You Rent Out a New-Build Property?
A new-build can be rented out if permitted by law, municipal rules, complex documents and the conditions of the specific property.
Before buying for rental, it is necessary to check:
long-term rental;
mid-term rental;
tourist rental;
regional rules;
municipal restrictions;
comunidad rules;
complex statutes;
possibility of registration;
property requirements;
taxes;
management;
expenses;
real demand.
It is especially important to check tourist rental. A new seaside complex does not automatically mean the right to rent the property to tourists.
If the buyer expects rental income, this must be analysed before purchase.
New-Build Property for Investment
A new-build may be interesting for an investor, but yield must be calculated correctly.
Advantages of a new-build for investment
less renovation in the first years;
modern layout;
energy efficiency;
swimming pool and common areas;
parking;
terrace;
attractive to tenants;
easier to position the property;
potential value growth before completion.
Disadvantages
entry price may be high;
purchase taxes are significant;
waiting time until completion;
income does not start immediately;
comunidad may be higher;
rental model may be restricted;
mortgage is arranged closer to handover;
market may change.
Yield must be calculated from the full cost: price, IVA, AJD, notary, registration, lawyer, furniture, appliances, comunidad, IBI, insurance, management, taxes and vacancies.
Buying a New-Build for Living
For living, a new-build can be very convenient.
Advantages
new condition;
modern engineering systems;
parking;
lift;
terrace;
energy efficiency;
common areas;
security;
less renovation;
comfortable layout.
But the buyer must assess not only the property, but also the district.
It is important to check:
transport;
schools;
healthcare;
shops;
noise;
future construction;
neighbouring plots;
district density;
infrastructure;
safety;
access to the sea;
year-round life.
Some new-builds are located in developing districts. This may offer growth potential, but in the first years infrastructure may be incomplete.
Buying a New-Build by the Sea
New-builds by the sea are especially popular among foreign buyers.
But they must be checked carefully.
It is important to assess:
distance to the sea;
real view;
future construction in front of the property;
beach access;
noise from the tourist area;
seasonality;
comunidad;
rental possibility;
complex rules;
maintenance expenses;
corrosion due to the marine climate;
insurance;
parking;
liquidity.
In advertising, “near the sea” may mean different things. It is necessary to check the exact distance, terrain, roads, future projects and real surroundings.
Buying a New-Build in the City
A new-build in the city may be interesting for living and long-term rental.
Important factors are:
transport;
metro or tram;
universities;
offices;
district;
schools;
supermarkets;
parks;
healthcare;
noise;
parking;
energy efficiency;
liquidity;
rental demand.
In large cities, new-builds are often more expensive than resale properties and may be located in new districts. It is necessary to understand how developed the district already is and whether it will be liquid in several years.
Buying a New-Build as a Foreigner
A foreigner can buy a new-build in Spain, but must prepare documents.
Usually, the following are needed:
passport;
NIE;
proof of address;
proof of tax residence;
documents proving origin of funds;
bank statements;
income documents;
power of attorney, if buying remotely;
Spanish account or clear payment route;
mortgage documents, if needed.
The bank and developer may request documents under compliance rules. Therefore, the buyer should prepare proof of origin of funds in advance, especially if payments come from another country.
Buying a New-Build Remotely
A new-build can be bought remotely.
For this, the buyer may issue a power of attorney to a lawyer or representative. The representative can sign documents, obtain an NIE, support payments, interact with the developer and sign the notarial transaction.
Remote purchase is especially common with off-plan projects, when the buyer cannot travel for every stage.
But remote purchase requires control:
project due diligence;
contract check;
payment control;
guarantee check;
regular construction reports;
property inspection;
defect control;
notarial signing;
ownership registration.
Buying remotely is possible, but only with an independent representative who protects the buyer’s interests.
Main Risks When Buying a New-Build
The main risks are:
purchase without a bank guarantee;
construction delay;
absence of building permit;
project change;
weak developer;
payments to the wrong account;
unclear contract;
absence of refund condition;
incomplete quality specifications;
unrealistic expectations based on renders;
incomplete property equipment;
high comunidad;
absence of first occupancy licence;
defects after completion;
mortgage difficulties;
impossibility of tourist rental;
increase in taxes and expenses;
low liquidity of the district;
future construction blocking the view.
All these risks can be reduced if the project is checked before signing the contract and making payments.
Main Buyer Mistakes
The most common mistake is buying a new-build based on renders without legal due diligence.
The second mistake is paying a reservation or first instalment without analysing the contract.
The third mistake is not checking the bank guarantee.
The fourth mistake is not clarifying whether IVA and AJD are included.
The fifth mistake is not reading the memoria de calidades.
The sixth mistake is not checking deadlines and consequences of delay.
The seventh mistake is relying on a mortgage without preliminary analysis.
The eighth mistake is not considering furniture, appliances and equipment.
The ninth mistake is not checking rental possibility.
The tenth mistake is not inspecting the property before key handover.
The main principle: a new-build is safe not because it is new, but because it has been legally and financially checked.
What to Check Before Buying a New-Build
Before buying, it is necessary to check:
developer;
right to the land;
Registro de la Propiedad;
Catastro;
urbanismo;
building permit;
project;
contract;
payment schedule;
bank guarantees;
insurance of advance payments;
IVA;
AJD;
completion deadline;
delay conditions;
termination conditions;
memoria de calidades;
plans;
area;
parking;
storage room;
common areas;
comunidad;
first occupancy licence;
mortgage possibility;
rental possibility;
taxes after purchase;
furniture costs;
district liquidity;
future construction nearby.
This checklist does not replace a lawyer, but it shows how comprehensive the due diligence must be.
How to Safely Buy a New-Build Property in Spain
A safe sequence looks like this.
First, define the purchase goal: living, holidays, rental, investment or relocation.
Then choose the region and project type.
After that, check the developer and construction stage.
Then request project documents.
Next, carry out legal due diligence.
After that, check the contract and bank guarantees.
Then pay the reservation only under clear terms.
Then sign the main contract.
After that, monitor payments and construction.
Closer to completion, prepare the mortgage if needed.
After completion, inspect the property.
Check the first occupancy licence.
Sign the notarial escritura.
Pay taxes.
Register ownership.
Transfer utilities and comunidad.
Set up insurance, tax support and property management.
Buying a new-build should not be an emotional choice based on renders, but a controlled legal and financial process.
FAQ
What is a new-build property in Spain?
A new-build is a new property, usually sold by a developer as a first transfer. It may be a completed property or an off-plan purchase during construction.
What taxes does the buyer of a new-build pay?
When buying new residential property in mainland Spain, the buyer usually pays 10% IVA and AJD, whose rate depends on the autonomous community. The Canary Islands have a separate tax system.
What is off-plan?
Off-plan means buying a property before construction is completed. The buyer chooses based on plans, renders and specifications, pays according to a schedule and receives the keys after project completion.
Is a bank guarantee needed when buying off-plan?
Yes, the buyer’s advance payments must be protected by a bank guarantee or insurance. This is one of the key safety documents.
What is licencia de primera ocupación?
It is the first occupancy licence or equivalent municipal document confirming that the property complies with permits and is suitable for residential use.
Can you get a mortgage for a new-build?
Yes, but if the property is under construction, final mortgage approval usually happens closer to completion. The bank will assess the buyer’s financial profile and the completed property.
What is included in the new-build price?
It depends on the project. It is necessary to check whether kitchen, appliances, air conditioning, wardrobes, parking, storage room, furniture, lighting and taxes are included. Advertising renders do not always show what is included.
What should you do if construction is delayed?
The contract, completion deadline, permitted delay, right of termination, bank guarantee and refund procedure must be checked. It is better to act through a lawyer.
Can a new-build be rented to tourists?
Not always. Regional rules, municipal restrictions, comunidad rules, licence and registration requirements must be checked.
What is the main mistake when buying a new-build?
The main mistake is paying a reservation or first instalment without checking the developer, building permit, contract, bank guarantees, taxes and property handover conditions.
Rusol Prime — Expert in Buying New-Build Property in Spain
Rusol Prime helps foreign buyers safely buy new-build property in Spain: choose a project, check the developer, documents, licences, bank guarantees, contract, taxes, deadlines, mortgage, property inspection and ownership registration.
We analyse not only the price and renders, but also the legal clarity of the project, right to the land, building permit, memoria de calidades, IVA, AJD, payment schedule, bank guarantees, first occupancy licence, comunidad, rental possibility and future liquidity.
Get a personal consultation with Rusol Prime — we will check a new-build property in Spain before reservation payment, identify risks and help you safely buy a property for living, holidays, rental, investment or capital preservation.
