Right to Housing Law: information before buying

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.

What it regulates and who it affects

Ley 12/2023, por el derecho a la vivienda (Spanish Right to Housing Law) establishes a national housing framework and contains rules on information in purchase and rental transactions. It affects different participants under each provision, in coordination with regional powers. This factsheet focuses on information and the home’s condition, without replacing analysis of contracts or specific tenancy measures.

What you need to know

• Article 31 provides for information you can request before formalising a purchase or rental and paying amounts on account. Request documents in a format you can retain; a verbal explanation is difficult to cross-check later.

• The information must allow identification of the home, its characteristics and certain legal and financial circumstances. Check that plans, the described floor area and the spaces shown correspond, and record differences requiring clarification.

• The law does not create an identical construction guarantee for every home or replace the Civil Code’s liability for defects or responsibility under the LOE. Claiming for a defect requires identifying the facts, applicable rules and relevant dates.

• Measures linked to zonas de mercado residencial tensionado (designated pressured residential market areas) require verification of the declaration, coverage and validity period. They do not apply automatically throughout Spain and cannot be inferred simply from a city’s high prices.

• The legislation has been subject to constitutional rulings and amendments. Consult the annotations on current applicability before using an article, particularly on matters of territorial competence. An old summary may present a provision as applicable when it no longer is.

• Property maintenance and use coexist with planning rules and shared building ownership rules. A maintenance duty does not mean every occupier must meet the cost of all damage; the relationship, cause and affected component matter.

Application to a home

During a viewing, an enclosed space is presented as a bedroom, but the plans describe it as a terrace. Before paying a holding deposit, request documents supporting the layout and use offered. Marketing information, a tax receipt or a photograph do not replace that check. An inspection can flag physical differences; planning and contractual conditions must be cross-checked against the corresponding documents. The aim is to let you decide using the known facts, rather than discovering the discrepancy after taking on obligations.

Pre-contract information and a technical inspection serve complementary purposes. A document can accurately describe the home without establishing that a shower drains properly; a visit can check a drain without resolving whether an extension has the necessary authorisation. Request both kinds of information where relevant. If a question remains unanswered, record what is missing and the possible consequences for your decision.

Documents to cross-check

Keep the advertisement, supplied plans, Land Registry identification, information on charges and floor areas, energy performance certificate and written answers to your questions. Identify the date of each version of the advertisement, particularly if layouts or specifications change. Match information to the exact property; documents for another home in the development may not describe the one you intend to buy.

Key deadlines and figures

Do not confuse the moment an issue appears with the deadline for bringing a legal action. Keep the documents establishing each milestone and use the table only for the situation it describes. Where a row refers to a contract or decision, consult that document: there is no universal figure that can replace it.

What to do if it affects you

1. Identify the transaction and applicable law. Record the municipality, contract date, handover date and the parties’ status. Distinguish a purchase, a letting, maintenance work and a damages claim. This classification avoids applying a time limit from a different situation and allows you to seek legal advice with specific facts.
2. Build a verifiable case file. Keep the original documents and make working copies. Organise photographs by date and room, retain complete messages and connect every payment to its purpose. If a document is missing, record your request for it; missing information must not be filled with assumptions about what happened.
3. Describe the problem and its extent. Explain what you observed, where and since when, separately from what you believe caused it. Record any parts that could not be inspected and whether people or property are affected. Where there is a risk, prioritise protection and document the necessary measures before continuing the financial dispute.
4. Communicate with a traceable record. Address your letter to the relevant person or organisation and retain evidence of its content, dispatch and receipt or attempted delivery. Identify the home, issue and attached documents. Request a specific response and distinguish asking for information, claiming damages and proposing negotiation: they may have different effects.
5. Check the time limits with advice. Maintain a chronology of communications and actions, without assuming that a call, visit or promise to repair something extends the deadline. If court proceedings are being considered, seek advice on the prior negotiation requirement, its exceptions and effects on prescripción (limitation) or caducidad (expiry of an action). An administrative procedure does not automatically replace that step.
6. Define a solution that can be checked. If repairs or a settlement are offered, specify the work, access, documents, acceptance and subsequent verification. Keep evidence of the previous condition and records of any intervention. Before signing a waiver, final settlement or acceptance without reservations, review its scope so you do not close issues that remain unresolved.

How an expert can help

An expert can provide a technical basis where the problem requires checking differences between descriptions and observations, construction condition or the property’s technical documents. The report must identify what was inspected, which documents were used and any limitations. Its conclusions must distinguish observations, sufficiently established causes and unresolved questions. A legal disagreement cannot be resolved simply by adding photographs, and an expert opinion does not replace the authorisation required for regulated certificates or designs.

Verify Home Inspector can consider an inspection or expert assessment within its specialism and the agreed scope. To discuss availability and work, you can request a quote. Before commissioning, clarify whether you need measurements, a financial assessment, a further visit or preparation for confirming the report in court, as these are different tasks and must not be assumed to be automatically included. See also the frequently asked questions on this topic to distinguish what the report contributes and what documents you should provide.

Official text

Ley 12/2023, de 24 de mayo, por el derecho a la vivienda

Read the applicable text and annotations on amendments, current applicability and transitional provisions. A consolidated version makes the legislation easier to consult, but a summary does not reproduce every situation it covers or determine the outcome of an individual case by itself.