The risks of buying properties under construction or off-plan in Spain

18 de April de 2023

At BB Abogados, we understand that buying properties under construction or off-plan in Spain can be an attractive opportunity to invest in real estate. However, this option also carries its risks. In this article, we will explore the potential issues that may arise in the process and how you, as a buyer, can protect yourself from them with the help of our law firm.

Lack of guarantees and financial risk

Banks and insurers in construction financing

When purchasing a property under construction or off-plan, you may have to make advance payments before the construction is complete. These payments can be risky if the construction company fails to fulfill its obligations. To minimize this risk, it is important to verify that the construction company has agreements with banks and insurers that guarantee the refund of advance payments in case of non-compliance.

Legal protection in cases of insolvency

If the construction company becomes insolvent before delivering the property, it is essential to know your rights and legal options. At BB Abogados, we can help you assess the situation and seek solutions, such as claiming the refund of advance payments or suing the company for breach of contract.

Delays in property delivery

Economic consequences of delays

Delays in the delivery of properties under construction or off-plan can have significant economic consequences for buyers, such as the payment of additional rent while waiting for the delivery. Moreover, delays may affect the value of the property, which could result in losses for the buyer.

Legal claims for breach of deadlines

If the construction company fails to comply with the delivery deadlines established in the contract, it is important to know your legal options. At BB Abogados, we can advise you on how to file a claim for breach of contract and demand compensation for the damages caused.

Changes in the project and deviations in quality

Modifications to the design or materials

It is common for construction companies to make changes to the original design or use materials different from those specified in the contract. These changes can affect the quality and value of the property, which could harm the buyer.

Legal protection against unauthorized changes

To protect yourself against unauthorized changes in the project, it is essential to carefully review and negotiate the contract before signing it. At BB Abogados, we can help you review the contract and ensure that your interests are protected.

Issues with licenses and permits

Importance of verifying documentation

Before signing a contract to purchase a property under construction or off-plan, it is essential to verify that the construction company has all the necessary licences and permits to carry out the work. At BB Abogados, we can help you review and evaluate the necessary documentation to ensure that the construction company complies with all regulations and legal requirements.

Consequences of lack of permits

If the construction company does not have the necessary licenses and permits for the construction, this may lead to the suspension of the work and economic losses for buyers. At BB Abogados, we can help you assess the available legal options to demand a solution and protect your rights as a buyer.

Potential issues with the community of property owners

Disagreements in the administration of the community

Once the construction is completed and the properties are delivered, disagreements may arise with the community of property owners regarding the administration and maintenance of the common areas. This can generate conflicts and economic damages for buyers.

Measures to prevent conflicts

To prevent conflicts with the community of property owners, it is important to establish clear agreements and rules from the beginning. At BB Abogados, we can advise you on how to establish a good relationship with the community of property owners and how to prevent and effectively resolve conflicts.

Legal advice and support in the purchase of properties under construction

The importance of having a specialized lawyer

At BB Abogados, we understand that buying a property under construction or off-plan can be a complex and risky process. That is why it is essential to have a team of lawyers specialized in real estate and construction law who can guide you through the process and protect your interests.

Practical tips for a safe purchase, provided by our team of experts

In addition to providing legal advice, at BB Abogados, we can provide practical and useful tips to ensure a safe and successful purchase of a property under construction or off-plan in Spain. From reviewing the contract to verifying the documentation and preventing conflicts with the community of property owners, our team of experts is here to help you.

The purchase of properties under construction or off-plan in Spain can be a profitable investment, but it also carries significant risks. At BB Abogados, we can help you protect yourself from these risks and ensure a safe and successful investment in the Spanish real estate market. Contact us for more information on how we can help you.