Expert guidance on selling property spain legal from Tomas Ballestero Lawyers — with over 20 years of experience helping foreign nationals navigate the Spanish legal system from our office in Jávea, Costa Blanca.
Buying property off-plan in Spain (compra sobre plano) attracts foreign buyers seeking lower prices and customisable finishes. However, this type of purchase carries specific legal risks that require specialist legal assistance.
Main Risks of Off-Plan Purchases
- Developer insolvency: The most serious risk, potentially causing total loss of payments made
- Delivery delays: Often months or years without adequate compensation
- Non-conformity: The delivered property does not match plans or specifications
- Construction defects: Structural or finishing defects discovered after delivery
- No occupation licence: The developer cannot obtain the licencia de primera ocupacion
The Mandatory Bank Guarantee
Spanish law (Ley 38/1999 and Ley 20/2015) requires the developer to guarantee all payments made by the buyer through a bank guarantee or insurance policy. This guarantee must cover the return of all amounts paid if the property is not delivered. Your lawyer must verify this guarantee exists and covers all payments.
Contract Review Is Essential
Off-plan contracts, drafted by the developer, are naturally favourable to the seller. An independent lawyer must review and negotiate every clause to protect the buyer’s interests — particularly delivery deadlines, delay penalties, and termination conditions.
Pre-Purchase Checks
Before signing anything, your lawyer should verify the developer’s solvency, the existence of building permits, the urban planning compliance of the land, required licences, and the project’s progress.
Buy Off-Plan Safely
Our firm in Javea has been protecting foreign off-plan buyers for over 30 years.
Contact us: +34 965 792 946 · [email protected] · Conveyancing lawyer Spain
Our team has handled numerous off-plan purchases across the Costa Blanca region and understands the specific risks and opportunities associated with different developments. We provide practical, informed advice that helps you make confident decisions about your investment.
Our team has handled numerous off-plan purchases across the Costa Blanca and understands the specific risks and opportunities associated with different developments. We provide practical, informed advice to help you make confident investment decisions.
Need professional property legal advice in Spain? Contact our Property Lawyers for expert legal assistance on the Costa Blanca.
Why You Need a Property Lawyer in Costa Blanca
Purchasing property in Spain involves a complex legal process that differs significantly from buying property in the UK or other European countries. Having an independent lawyer who represents your interests exclusively is essential to ensure a safe and successful transaction.
Our firm conducts thorough due diligence on every property transaction, including verification at the Land Registry, checking for outstanding debts or charges, reviewing planning permissions, and ensuring all building licences are in order. We guide you through every step from the initial reservation contract to the signing at the notary.
Protecting Your Investment
We review all contractual documentation, negotiate terms on your behalf, and ensure that deposits are properly protected. Our team also assists with the arrangement of NIE numbers, bank account opening, and connection of utilities. With over 30 years of experience in Costa Blanca, we have the local knowledge needed to protect your investment.
