Purchasing an off-plan property in Spain—especially in high-demand areas like Alicante, Torrevieja, or Jávea—can be financially advantageous. However, this type of investment involves specific legal risks. If you are a foreign buyer, it is essential to understand the applicable regulations and perform a full legal due diligence before signing any document or paying a deposit.
At CC Lawyers, we offer specialised legal assistance to international clients to ensure every step of the process complies with Spanish law and protects your interests.
Legal framework applicable to off-plan purchases
The purchase of off-plan property in Spain is regulated mainly by:
- Law 38/1999 on Building Regulation (Ley de Ordenación de la Edificación)
- Law 20/2015 on guarantees protecting advance payments
These laws require developers to meet strict obligations, including providing financial guarantees and ensuring the quality and safety of the construction. Nonetheless, it is the buyer’s responsibility to verify compliance through qualified legal counsel.
Key aspects to verify before signing
Building licence and developer’s status
Confirm that the developer is duly registered with the Mercantile Registry and that the construction has a valid building licence (licencia de obra) issued by the local authorities in the municipality of Alicante or surrounding areas.
Bank guarantee (aval bancario) or insurance
Any amounts paid in advance before the property is delivered must be covered by an individual bank guarantee or insurance policy. This guarantee must be issued in your name and must cover the full amount paid, plus interest, in case the property is not completed or the licence is not granted.
Technical specifications and delivery terms
Request and examine the technical specifications (memoria de calidades), expected completion date, and contractual penalties in the event of delays. The developer must also clarify whether the property will be delivered with a first occupancy licence (licencia de primera ocupación).
Purchase agreement and payment structure
Before signing any reservation or private purchase agreement, your lawyer should review all clauses. This includes:
- Total price and VAT application (10% IVA)
- Payment milestones and deadlines
- Penalties for non-compliance
- Conditions for refund of deposits
- Obligations regarding the final notarial deed
Land Registry information
It is essential to verify the legal status of the plot in the Land Registry (Registro de la Propiedad), ensuring there are no encumbrances or debts that could affect the future registration of your ownership.
Why legal advice is essential for off-plan purchases
Although some buyers rely solely on the developer or real estate agent, independent legal advice is the only way to ensure the transaction is secure. At CC Lawyers, we act exclusively on behalf of the buyer. We can:
- Represent you with a power of attorney
- Request and review all legal documents
- Ensure the guarantees and licences are in order
- Accompany you before the notary or act on your behalf
Our team is fluent in English, French, and Spanish, and has extensive experience assisting foreign buyers in Alicante and the Costa Blanca.
Get legal certainty before you buy
Buying off-plan in Spain can be a secure and profitable decision—provided every legal aspect is checked and properly documented. Contact our law firm in Alicante today to receive personalised advice before making any commitment.
We offer an initial consultation free of charge, in your language, and tailored to your specific case.
Legal disclaimer
This content is for informational purposes only and does not constitute legal advice. For personalised assistance, please contact a qualified lawyer.