New-build guarantees: acceptance, damage and advance payments

Last reviewed: 10 October 2026. This summary is for information only and is not legal advice; the only legally valid text is the one published in the official gazette.

For a new build, separate three matters: which home was contracted, whether it was constructed correctly and what protection exists if damage appears or the development is not delivered. A snagging list is not a bank guarantee, and the memoria de calidades (specification of finishes and materials) does not replace the design. This topic brings together the legislation needed to organise those differences from the first payments through to maintenance.

To use this topic, start by identifying your position: owner, buyer, tenant or community representative. Then specify the problem and dates that may matter. The same property can be subject to different rules without all providing the same remedy. Maintenance, information, contracts and liability for damage must be analysed together, rather than as a single procedure.

If receiving a flat in Alicante with issues, prepare the visit and handover documents, but also request the acceptance of the construction works. The date you receive the keys may be later. Identify finish defects, problems affecting use and matters requiring specialist assessment separately. Keep numbering and dates when checking snagging works to retain the connection between the original defect and the actions taken.

Laws on this topic

Ley de Ordenación de la Edificación: guarantees and responsible parties

The Ley de Ordenación de la Edificación (LOE, Spanish Building Law) distinguishes finish, habitability and structural damage, with different periods. It also separates participants’ liability from limitation periods for actions. Acceptance of the works and the damage date must be established. Read the factsheet on this law.

LOE: guarantees for advance payments on new builds

Advance payments during construction require a guarantee and special account under the applicable rules. Verify the documents for your home and each payment. This protection differs from ten-year insurance and claims for defects. Read the factsheet on this law.

Código Técnico de la Edificación: requirements for homes

The Código Técnico de la Edificación (CTE, Spanish Building Code) allows checks of safety and habitability performance. Select the version, scope and verification method. It is not a civil guarantee and does not require every older home to be modernised on sale. Read the factsheet on this law.

Valencian LOFCE: building quality and documentation

The Valencian building quality law (LOFCE) addresses quality during construction and building use. It helps organise documents and participants’ obligations. Coordinate it with the LOE and applicable technical requirements. Read the factsheet on this law.

Preparing your enquiry and organising action

1. Connect documents and facts. Prepare a brief chronology of relevant contracts, handovers, communications and interventions. If a community is involved, identify the affected element and existing resolutions. If a date is missing, say so expressly and explain which document should provide it; do not replace it with the date of your earliest retained message.

2. Distinguish technical and legal matters. A visit can describe damp, a measurement or incomplete work. Standing to claim, the claim procedure and the effects of a signature require reviewing legislation and documents. Prepare both matters to avoid losing time searching for evidence after choosing the action.

3. Request verifiable answers. When requesting information or action, specify the home, component and outstanding question. Asking for a missing document or a solution to an identified issue is more useful than asserting everything is wrong. Keep complete responses, including reservations or conditions accompanying a proposal.

4. Review how the matter closes. A repair, payment or certificate delivery does not necessarily resolve every open question. Check which obligations have been fulfilled and which actions remain outstanding. If an agreement is proposed, distinguish technical acceptance, financial compensation and legal waiver before signing general acceptance.

Do not use a visit, telephone enquiry or waiting for a response as a substitute for checking deadlines. Where there is a dispute, the strategy must address evidence, preservation of the property and procedure. Urgent measures to prevent damage may be needed before that strategy is finalised; documenting them lets you explain afterwards why action was taken and what was preserved.

The factsheets help locate legislation and its main aspects. To resolve a specific situation, the contract, territorial rules, works date and legislative changes may also matter. Consult the official text and retain copies of the documents used, particularly if a party bases its response on an older version of the legislation.

Useful links

Consult the frequently asked questions on this topic to prepare your questions about inspection and expert assessment. These glossary concepts help interpret documents: Specification of finishes and materials, Works acceptance record, Building logbook, Guarantee period. Each definition explains the concept; it does not replace checking its application to the document or damage you are examining.