- The Ley de Ordenación de la Edificación (LOE) sets three mandatory warranties on every new build.
- 1 year on finishes and aesthetics. 3 years on habitability (insulation, damp, services). 10 years on structural defects.
- The warranty period starts from the date the developer receives the certificate of completion (final de obra).
- Developers must carry insurance to back the 10-year structural warranty.
- These warranties are in addition to any developer or contractor specific guarantees.
New build warranties in Spain are defined by law and apply to every new build apartment regardless of who the developer is. This is one of the better consumer protection regimes in Europe and is a significant advantage of buying new rather than resale. This page explains the three LOE warranty periods, what each one covers, how to make a claim, and how they interact with the insurance the developer must carry.
What is the LOE?
The Ley de Ordenación de la Edificación is the Spanish law that regulates the construction sector and defines mandatory quality warranties on new builds. It has applied to all new construction in Spain since it came into force in 2000 and has been updated several times. The three warranty periods (1 year, 3 years, 10 years) are the most visible consumer protection feature of the law.
What do the three warranty periods cover?
1 year warranty (garantía anual)
Covers defects in finishes, aesthetics and minor work. Examples: paint peeling, tile crack, door alignment issues, cabinet defects, light fittings not working correctly, floor scratches, bathroom sealant problems. The 1 year period starts from the date the developer receives the certificate of completion (final de obra), not from the date you move in. In practice the move-in date is usually within a few weeks of the certificate.
3 year warranty (garantía trienal)
Covers defects that affect the habitability of the property: insulation performance, damp issues, installation defects (heating, cooling, plumbing, electrics), window seals, water ingress through the facade. Anything that makes the property uncomfortable or unfit for everyday living is generally covered under this warranty.
10 year warranty (garantía decenal)
Covers structural defects that affect the stability or safety of the building: foundations, load-bearing walls, roof structure, pillars, beams, anything that could cause the building to fail. This is the most important warranty and is backed by mandatory insurance under the LOE.
Who is responsible for each warranty?
The LOE spreads responsibility across several parties in the construction chain: the developer (promotor), the architect, the technical architect (aparejador), and the contractor (constructor). For practical purposes, as a buyer, you make your warranty claim against the developer, who then manages the internal allocation of responsibility with the other parties. You do not need to untangle who did what on site; that is the developer’s job.
Is the 10 year warranty insured?
Yes, by law. The LOE requires every new build developer to take out a Seguro Decenal de Daños (10-year structural damage insurance) before the building is handed over. If a structural defect appears within 10 years and the developer is no longer in business, the insurance pays the repair cost directly. This is why structural defects are covered even if the developer has gone bust.
The 1 year and 3 year warranties are not backed by mandatory insurance in the same way, which means they depend on the developer being in business to honour them. Choose your developer carefully; a reputable and financially stable developer is materially more protective on the shorter warranties.
How do you make a warranty claim?
The steps:
- Document the defect with photographs, dates and a written description.
- Notify the developer in writing (email is sufficient but a recorded delivery letter is stronger). Reference the LOE and the specific warranty period.
- Give the developer a reasonable time to inspect and repair (typically 30 to 60 days for minor issues).
- If the developer does not respond or refuses to repair, your independent lawyer escalates through formal notification (burofax) and if necessary to court or arbitration.
- For structural issues where the developer is no longer in business, claim directly against the Seguro Decenal insurer.
Are there any exclusions?
Yes. The LOE warranties do not cover:
- Damage caused by buyer misuse or modifications (knocking down a wall, overloading the electrical system, etc).
- Normal wear and tear over time.
- Damage from force majeure (earthquakes, severe weather events beyond design parameters, etc).
- Defects in items not fixed to the building (removable furniture, appliances under their own warranty).
- Consequential losses (e.g. lost rental income during repair) in most cases.
Your private purchase contract may add specific exclusions on top of the LOE minimums. Read carefully and have your lawyer flag anything unusual.
How do LOE warranties interact with developer-specific guarantees?
Many developers offer additional warranties beyond the LOE minimums: extended kitchen appliance warranties, brand-specific guarantees on bathroom fittings, 5-year workmanship guarantees on specific trades, etc. These are additional to the LOE warranties, not substitutes. The LOE is the floor; developer guarantees are on top.
Citations for the LOE itself are available through the BOE text of Ley 38/1999 de Ordenación de la Edificación.
Related reading
- How buying off-plan in Spain actually works
- Bank guarantee protection under Ley 20/2015
- Off-plan payment plans
- Total buying costs
- Contact Marcelo
Informational page. Not legal advice. Always have your independent Spanish lawyer verify warranty terms in your specific private purchase contract.
Frequently Asked Questions
What warranties come with a new build apartment in Spain?
Three mandatory LOE warranties: 1 year on finishes and aesthetics, 3 years on habitability (insulation, damp, services), and 10 years on structural defects. The 10-year structural warranty is backed by mandatory insurance so it pays out even if the developer is no longer in business.
What is the LOE?
Ley 38/1999 de Ordenación de la Edificación, the Spanish law that regulates the construction sector and defines mandatory quality warranties on every new build. It has applied to all Spanish new construction since 2000 and is the legal basis for the 1/3/10 year warranty structure.
Does the 10 year warranty cover roof leaks?
Depends on the cause. Structural roof defects affecting the stability of the building are covered under the 10 year structural warranty. Finishes and waterproofing issues that affect habitability without compromising structure fall under the 3 year habitability warranty. Your lawyer or a building surveyor can help identify which applies in a specific case.
When does the warranty period start?
From the date the developer receives the certificate of completion (final de obra) from the local council. This is usually shortly before handover to buyers. The LOE clock starts on that date, not on the date you move in.
Is the 10 year warranty insured?
Yes. The LOE requires every developer to take out Seguro Decenal de Daños (10 year structural damage insurance) before handover. This means structural defects are covered even if the developer has gone out of business. The insurance policy name and insurer appear on your purchase documentation.
Are the 1 and 3 year warranties insured?
Not by mandatory insurance in the same way. They depend on the developer being in business to honour them. This is why choosing a reputable and financially stable developer matters: on shorter warranties you rely on the developer itself, not an independent insurer.
How do I make a warranty claim?
Document the defect with photographs and dates. Notify the developer in writing (email plus burofax if the issue is significant) referencing the LOE and the specific warranty period. Give them a reasonable period to inspect and repair. If the developer does not respond, your lawyer escalates to formal notification or court.
Who is responsible for defects under the LOE?
Responsibility is shared across the developer, architect, technical architect and contractor depending on the nature of the defect. As a buyer you make your claim against the developer. The developer then manages the internal allocation of responsibility. You do not need to untangle who did what on site.
What does the warranty not cover?
Buyer misuse or modifications, normal wear and tear, force majeure damage (major earthquakes, extreme weather beyond design parameters), items not fixed to the building (removable furniture, appliances under their own warranty), and in most cases consequential losses like lost rental income during repair.
Does the LOE warranty transfer to a new owner if I sell?
Yes. The LOE warranties apply to the property itself, not to the individual buyer, so if you sell during the warranty period the remaining warranty period passes to the new owner. The 10 year structural insurance likewise remains in force for the full original 10 year term regardless of ownership changes.
Does the LOE cover appliances included in the purchase?
Not directly. Built-in kitchen appliances fall under their own manufacturer warranties (typically 1 to 2 years). The LOE covers the building structure, finishes and fixed installations. Your purchase documentation should list which appliances are included and their warranty terms.
What if the developer refuses to honour the warranty?
Your independent lawyer sends a formal notification (burofax) demanding repair or payment within a stated period. If the developer still refuses, the next step is court or arbitration. The LOE is strong consumer protection law and Spanish courts reliably enforce it in favour of homeowners with valid claims.
Are LOE warranties better than UK new build warranties?
Different structure. UK new builds typically have NHBC or similar 10 year warranties that combine structural and habitability protection. The Spanish LOE separates them into 1/3/10 year bands with insurance backing on the 10 year period. In practice both regimes give buyers substantial protection; the Spanish regime is arguably clearer on what is covered when.
Does Nylva Homes carry LOE warranties?
Yes, by law. Every new build sold by Take Point Invest (the Nylva Homes developer) is covered by the mandatory LOE 1/3/10 year warranties plus the Seguro Decenal structural insurance. Your independent lawyer verifies the insurance policy is in place before notary completion.
Can I buy extended warranty coverage beyond the LOE?
Yes, some insurers offer extended warranty products for new builds, typically for an additional annual premium. Whether they are worth buying depends on the developer’s track record and your risk tolerance. Most buyers rely on the LOE baseline without buying extra; the structural protection is already strong.