The completion of new-build properties in Spain is a strictly legal and technical process in which the transfer of ownership takes place after all permits (such as the Licencia de Primera Ocupación) have been granted. If you, as the buyer, are unable to be physically present – for example, due to travel restrictions or scheduling conflicts – this process can be handled in a completely legally valid manner via a notarial power of attorney. In this case, a legal party (such as Confianz) will represent you at the notary, inspection and key transfer.
In this article, we will guide you through the 7 crucial steps of secure delivery, with a specific focus on protection for non-resident buyers.
Step 1. The Notarial Power of Attorney: Your legal basis
Without physical presence, a notarial power of attorney (Poder Notarial) necessary to draw up the deed of sale (Escritura) and apply for NIE numbers. This document authorises us to act on your behalf.
There are three ways to make this power of attorney legally valid:
- In Spain: At a Spanish notary. This is usually the quickest and cheapest option (€150 – €180).
- In Belgium/The Netherlands (Bilingual): At a notary who is fluent in Spanish. A bilingual deed is drawn up immediately, which saves on translation costs.
- In Belgium/the Netherlands (Standard): At your own solicitor's office. Please note: this deed must then be provided with a Hague Apostille and be translated by a certified translator, which makes the process more expensive and slower.
Find more information on notarised power of attorney in Spain here.
Step 2. Administrative Completion and Permits
Before you can become the legal owner, the property must exist administratively. This process begins as soon as the architect submits the Certificado Final de Obra (End of Work Certificate).
The administrative handover comprises two critical documents:
- Certificate of conformity (LPO/DRO): The local authority checks whether construction has been carried out in accordance with the permit and issues the Licencia de Primera Ocupación Whether the Declaración Responsable Without this document, you cannot no water or electricity connect and the property may not be let.
- New construction declaration (Obra Nueva): The developer registers the completed building with the Registration Office (Registro de la Propiedad; similar to the service Legal security in Belgium). This will give your property its own finca number and create an individual title deed. The property will also be registered with the land registry, so that a cadastral value can be determined.
Note: Only when the registration in the Land Registry is complete and the developer has taken out the mandatory ten-year insurance (Seguro Decenal), it is safe to sign the final deed of sale.
Step 3. Inspection and the Snagging List‘
The provisional handover is the moment when the physical condition of the property is checked. If you are not present, your estate agent or an independent expert will carry out this inspection, often via a live video link.
The objective is to draw up a Snagging List: a list of defects or imperfections.
- Major defects: Issues that prevent habitability. In this case, the execution of the deed is postponed.
- Minor finishing touches: Cosmetic defects (paintwork, scratches). The developer is obliged to repair these. Legally speaking, the deed may proceed, provided that clear agreements regarding the repair period are set out in writing.
Step 4. Signing the deed of sale (Escritura)
Once the property has been approved administratively and physically, your authorised representative will sign the notarial deed of sale.
The payment procedure:
In Spain, it is customary for the final payment not to be made to the solicitor by bank transfer, but by means of a Spanish bank cheque (Cheque Bancario) that is physically handed over during the signing. Confianz manages the funds via a third-party account and arranges for these cheques to be issued.
After signing, your representative will receive:
- The keys.
- The Libro del Edificio (The building book): A USB stick or folder containing all technical plans, manuals and warranty certificates.
Step 5. Connection to utilities
After signing the deed, you are officially the owner. Please take into account a processing time of approximately 10 to 15 working days before water and electricity are actually connected and the meters are installed.
Payment of invoices:
- Costa Blanca: Many utility companies accept a Belgian or Dutch IBAN for direct debit (SEPA).
- Other regions (e.g. Almería): Utilities companies often require a Spanish bank account (ES-IBAN). It is advisable to check this in advance to avoid disconnection.
Step 6. Statutory Warranty Periods (LOE)
According to Spanish building regulations (Ley de Ordenación de la Edificación – LOE), you as the buyer are protected against defects. These time limits are mandatory.
Overview of Guarantees in Spain
| Type of defect | Warranty period | Examples |
| Finishing | 1 Year | Loose tiles, paintwork, doors that do not close properly. |
| Habitability | 3 years | Problems with hygiene, damp, sound insulation, electricity, installations. |
| Structural | 10 Years | Faulty foundations, support beams, risk of collapse (Seguro Decenal). |
Important: As soon as a defect becomes apparent, you have two years the time to enforce this legally. However, report any defects immediately in writing to the supervisor to secure the burden of proof.
An example. You purchase a newly built flat on 15 May 2026. You are unable to attend the signing of the deed. You do not arrive at your flat for the first time until 20 September 2027. You notice that the boiler is not working properly. You report this immediately to the developer. In this case, the warranty period is three years. The problem therefore falls within the warranty period. You also have two years to enforce any claim in court, namely until 20 September 2029.
Read more about visible and hidden defects in property in Spain.
Step 7. Association of Co-owners (VME)
When purchasing in a complex or urbanisation, you automatically become a member of the Comunidad de Propietarios. The articles of association and internal rules of procedure are often determined during the first general meeting.
Why is this document crucial?
The regulations determine whether holiday rentals are permitted. Since recent legislative changes, owners' associations can prohibit holiday rentals. Please verify this before purchasing.
Read more about the importance of co-owners' association in Spain.
Frequently asked questions (FAQ)
Can I refuse to sign the deed in the event of minor defects?
No, from a legal point of view, minor finishing touches (such as a scratch on a door or paintwork) are not valid reasons for refusing or postponing the notarial transfer. However, the developer is obliged to repair these issues within a reasonable period of time after the deed has been signed.
What happens if the developer goes bankrupt during construction?
If you purchase a new build, the developer is legally obliged to insure your advance payments via a bank guarantee (Aval BancarioIf the property is not completed, you can use this guarantee to reclaim your advance payments plus statutory interest.
How long will it take before I can actually move into my house after the deed has been signed?
Once the deed has been signed, you are the owner and you have the keys. However, due to the administrative processing time for connecting water and electricity meters, you should allow approximately 2–4 weeks before the property is fully functional and habitable.
In times of corona, it is more common for buyers to be unable to attend the completion of their new-build property. This article will therefore explain to you the different steps of the delivery of a new build property in Spain. This with special reference to the case where you are not on site yourself.
Here you will find the complete buying process of new construction in five steps. Are you considering investing in Spain? If so, feel free to get in touch.
