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A checklist for purchasing a not-yet-completed Spanish property
1. Is my lawyer independent? A simple conflict check with your abogado, or Spanish lawyer, should be the first step. Ask whether your lawyer, or anyone else in their firm, has ever represented or received property-buying clients from the sales agency, promoter, developer, or the developer’s financier for the development you are considering. Independence, and the ability to represent your interests vigorously, are essential. Any doubts at the outset can undermine the trust needed when purchasing a valuable asset.
2. Request a translated contract and written explanation Ask for a translation of the Private Purchase Contract, or PPC, in your first language, together with a written explanation of its key terms. Pay particular attention to terms relating to planning permission and the developer’s authority to build the development or property. Ask your abogado to conduct detailed due diligence on both the developer and the development to confirm their current financial standing. It is also useful to keep copies of all marketing materials you receive about the property, as they may help evidence what was represented at the time of purchase.
3. Check whether the PPC terms can be negotiated Ask whether any PPC terms can be negotiated, including stage payments, completion dates, specific finishes, tiles, bathroom suites, and kitchen configuration.
Your abogado should also consider what mechanism applies if construction costs increase significantly between signing the PPC and final completion, and under what circumstances, if any, the developer may ask you to pay more.
Prior to taking delivery of your new property you need to consider retaining a professional (such as a Surveyor) to compile a report – a “snagging” list – of those issues that for one reason or another have not been correctly completed. It’s wise to ensure that any final payment is subject to the completion of a reasonable amount of snagging work – rectifying the errors highlighted by the Surveyor.
4. Make sure your deposit and stage payments are protected. Spanish law requires deposits and stage payments to be formally guaranteed by the recipient, often through a financing bank or insurance provider. Ask your abogado to obtain the original bank guarantees bearing the developer’s and/or bank’s signatures. Your abogado should also confirm in writing when each bank guarantee expires and whether it must be renewed before final, licensed completion.
A bank guarantee may need to be renewed if it expires before completion or before further or final stage payments are made. At completion, the developer will need to obtain a habitation licence, also known as a licence of first occupation, under the guidance of the architect. Bank guarantees that expire before this licence is granted may offer little practical protection.
5. Confirm the property details. Double-check that the plot or apartment number stated in the PPC is correct.
6. Check whether the deposit is refundable. Ask your abogado to confirm whether the deposit payable under the PPC is refundable. If it is, ask in which events or circumstances it will be repaid, including if the property does not receive full building or pre-completion licences. If the deposit is refundable, confirm what rate of interest will be payable.
7. Record the full package in the PPC Ensure that all specific deals offered by the sales agent are set out clearly in the PPC. These may include additional equipment or benefits beyond the standard specification, such as garage spaces, storerooms (trasteros), or gym or sports club membership.
8. Confirm who receives your funds Check who will receive your reservation funds and PPC deposit. If the recipient is the sales agent, ask your abogado to obtain confirmation from the developer that the funds have been received by, or are under the control of, the developer.
9. Keep the signed original documents. After signing the PPC, confirm that your abogado has the original copy bearing the developer’s original signature and can show it to you.
10. Keep copies of all key documents. Take photocopies or scans of all important documents and keep them readily available.
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If you would like to discuss the process of buying property on the Costa del Sol, we would be delighted to assist you. Our experienced Marbella Property Lawyers Associates Network, comprises professionals focused on the western Costa del Sol property market, from Málaga to Tarifa. Their services include property search, mortgages, legal and tax advice, visas, surveying, insurance, and currency brokerage.
Please note that our posts are for general interest only. There is no substitute for proper advice tailored to your specific circumstances from a qualified abogado experienced in Spanish law. Nothing in this article should be treated as legal, tax, or financial advice, and it should not be relied upon as such. Neither the writer nor the publisher accepts responsibility for liabilities arising from reliance on the information provided. All details have been reasonably fact-checked, and all efforts have been made to ensure accuracy as at the date of publication.
My details: Mark FR Wilkins, mobile: +34 600 343 917 email: mark@therightsgroup.com
© Mark FR Wilkins 2026. All rights reserved.
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