New-build buying checks
Off-plan payments on Costa Blanca South: check how your money is protected
What to request, match and keep when paying for a home before construction is finished.
At a glance
- The statutory obligation to guarantee advances applies from obtaining the building licence. Check that stage explicitly. [1][2]
- Ask for guarantee evidence linked to your purchase, alongside the designated special account. [1]
- Reconcile the contract, amounts, taxes, payment dates and receipts before each stage.
- If the delivery date changes, get legal advice about both the contract and continuing guarantee cover. [1]
Buying off-plan in San Miguel de Salinas, Torrevieja or Orihuela Costa usually means considering payments before the finished home is handed over. A payment schedule tells you when money is due; it does not, by itself, explain how that money is protected. Before committing, ask an independent Spanish lawyer to check the contract, project documents and protection for your particular purchase together.
Start with the building licence and scope of protection
Spain’s Building Act requires promoters receiving construction advances to guarantee repayment from the granting of the building licence, through an authorised insurer’s surety insurance or a credit institution’s guarantee. The protection addresses construction that does not start or finish within the agreed period; the statutory amounts include applicable taxes and legal interest. [1][2]
Do not assume money requested before the licence has the same statutory protection. Have your lawyer establish the licence position and the treatment of any earlier reservation payment before you commit.
Request evidence for your own purchase
At the purchase contract, the promoter must provide evidence of the guarantee, individualised to the amounts to be advanced. Ask your lawyer to match the purchaser, property identification, promoter, issuer, covered amounts and contractual dates. A development brochure or the name of a bank alone is insufficient evidence of what protects your payment. [1]
Official consumer guidance also says advertising for developments taking advances must identify the guaranteeing insurer or bank and the bank holding the special account. Use this as an early question, then obtain the actual purchase documents. [4]
Put the contract and payment schedule side by side
The contract must identify the guarantee issuer and the account for advances. Separately, the Spanish notarial body recommends checking land ownership, building permissions, specifications, the final price including taxes and the payment method before buying off-plan. [1][3]
Make a written schedule showing each amount, its due date or trigger, taxes and whether a reservation is credited against the price. Label estimates and contractual obligations clearly. This is a practical reconciliation exercise, not a recommendation for any standard percentage.
Check the special account and transfer instructions
The law requires advances to go through a special account separated from the promoter’s other funds and used for the housing construction. That account and the repayment guarantee are separate requirements; one does not replace the other. [1]
Before transferring, have the designated account and beneficiary checked against the signed documents. Independently verify any change of bank details using a contact already established with the parties. Do not rely solely on a new email.
Keep proof of every instalment
Keep the signed contract, guarantee document, agreed schedule, invoices or payment requests, transfer confirmations and receipts in one file. Record the property reference, amount and date for each payment, and ask how later instalments are reflected in the guarantee.
Payment evidence matters: the statutory insurance provisions exclude amounts that cannot be proved to have been paid, even if they were scheduled. Retain the documents rather than treating the scheduled total as proof of payment. [1]
Review changes before agreeing to a new handover date
Distinguish an advertised estimate from the delivery obligation in your contract. If an extension is proposed, ask your lawyer to review the written amendment, the new completion and delivery dates, and the duration of the guarantee. Spanish law expressly addresses contractual extensions and guarantee arrangements. [1]
If construction or delivery fails, obtain prompt legal advice about the facts, formal notices and applicable deadlines. Recovery is not an automatic bank transfer. If you have already signed, get advice before withholding a payment or agreeing to revised terms.
Questions about off-plan payments
Is a reservation payment automatically protected?
Do not assume so. The statutory guarantee obligation starts with the building licence; have the reservation terms, recipient, timing and actual cover checked before paying. [1][2]
Is the special bank account enough?
No. The special account and the insurance or bank guarantee serve different purposes. Ask your lawyer to verify both for your purchase. [1]
Does a missed delivery date automatically produce a refund?
No automatic payout should be assumed. The contract, circumstances, guarantee and legal procedure matter. Seek advice promptly about notices, available options and deadlines. [1][2]
Sources and further reading
- BOE — Ley 38/1999 de Ordenación de la Edificación: disposición adicional primera, cantidades anticipadas
- Banco de España, Portal del Cliente Bancario — Avales para compra de viviendas
- Consejo General del Notariado — Estoy pensando en comprarme una vivienda sobre plano. ¿Qué tengo que hacer para que todo sea seguro?
- Ministerio de Derechos Sociales, Consumo y Agenda 2030 — Publicidad de vivienda sobre plano: aval o seguro de cantidades anticipadas
Sources checked on 4 November 2026. General information on the current statutory framework, not individual legal advice or confirmation of any development’s compliance. Use an independent Spanish lawyer for your contract and payments.