Guide · Buying
Agent or developer: who is responsible for what when buying a new build in Spain?
By Kamila Bukowska, founder of CASA READY · As of October 2026 · approx. 7 min read
From many conversations with buyers I know that ideas about what an estate agent is responsible for, and what has to be settled directly between buyer and developer, often differ. This creates expectations nobody can meet and disappointments that are easy to avoid. This guide brings clarity: who is responsible for what, which rights you have and what additional support CASA READY can offer you if we agree on it clearly and in advance.
The short answer
When you buy a new build, your contractual partner is the developer. The developer owes you the property as described in the contract and the building specification, completion on the agreed date, protection of your deposits and the remedy of defects. The agent is your companion: we select with you, compare, ask the right questions, translate, coordinate and remain your contact after the purchase. The agent is not a party to the contract. On request we offer much more, from dealing with authorities and utility companies to a fully furnished, move-in-ready home, but only by separate agreement. Knowing these roles from the start makes buying safer and more relaxed.
Who is involved in the purchase
Seller and builder. Owes the property as agreed, the completion date, the guarantees and the remedy of defects.
Your companion when buying: selection, comparison, communication on equal terms and a contact after handover too.
Independent and committed only to you: checks contracts, permits and guarantees.
Neutral: notarises the purchase and checks the formalities.
Finances part of the price if you wish, usually only at handover.
Who is responsible for what?
| Topic | Developer | CASA READY | Your lawyer |
|---|---|---|---|
| Price and payment plan | sets and agrees it | puts it in context, compares | checks the contract |
| Reservation and purchase contract | party to the contract | explains the process | checks and negotiates clauses |
| Building specification and finishes | owes them bindingly | asks questions, compares | checks the contract annexes |
| Extras and changes | confirms in writing with price and date | passes on, translates | if needed |
| Bank guarantee for deposits | provides it | asks for it before the first payment | checks it |
| Completion date and delays | responsible | keeps you informed | checks your rights |
| Invoices and VAT | issues them | – | – |
| Handover and snagging list | records and remedies defects | accompanies the handover | in case of dispute |
| Warranty after handover | liable by law | helps with the claim | in case of dispute |
| Electricity, water, internet, registration with the town hall | hands over meters and documents; contracts are the buyer's matter | as an extra service by agreement | – |
For a resale property the private or commercial seller takes the place of the developer; the statutory developer guarantees then do not apply.
What you settle directly with the developer
- Contract, price and datesOnly the developer can bindingly promise or change price, payment plan, finishes or handover date. Anything that is to apply must be in the contract or a written addendum.
- PaymentsYou always pay directly to the developer, into the account named in the contract. An agent never accepts payments of the purchase price.
- ExtrasChanges to layout, kitchen or finishes only apply once the developer confirms them in writing with price and effect on the completion date.
- Defects and after-salesReport defects in writing, with photos and date, to the developer's after-sales service (postventa). This secures your deadlines.
- Invoices and documentsYou receive invoices, bank guarantee, building permit, certificate of occupancy and building documentation from the developer.
What we do for you as your agent
- pre-select properties that match your goal and budget, and give an honest assessment, including advising against
- compare projects, prices, locations and developers
- organise and accompany viewings on site or by video
- collect, translate and follow up your questions to the developer
- check the bank guarantee, dates and documents with you
- put you in touch with an independent lawyer, bank, gestoría and property management
- accompany the handover and remain your contact afterwards
- be a party to the contract or promise prices, dates and finishes
- give legal advice; for this we always recommend an independent lawyer
- supervise construction or be liable for building defects
- accept payments
- handle authorities, utility contracts or furnishing without a separate agreement
These limits protect you: promises made only by an intermediary do not bind the developer. What counts is what the developer signs, and that is exactly what we check with you. Our fee is paid by the developer; you buy through us at the same price as directly. That is precisely why we advise you to use a lawyer who represents only your interests.
More support: gladly, but agreed in advance
Many tasks around the purchase are really the buyer's matter: registration with the town hall and authorities, contracts with electricity, water and internet providers, or furnishing the property. From abroad this is often tedious. We are happy to take it on for you, right up to a fully furnished, move-in-ready home:
Coordination of documents, specialists and appointments with authorities, such as registering property tax and the waste charge with the town hall.
Registering or transferring electricity, water and telecoms, meter readings and direct debits.
Interior concept, budget planning, purchasing, delivery, assembly and final check, prepared for your arrival.
Organising cleaning, maintenance, inspection visits and, on request, holiday letting.
Important: these services are not automatically part of the purchase support. We agree scope, process and costs in writing in advance, separately from the purchase. Anything not agreed remains the buyer's matter. That way both sides always know where they stand.
Your legal safeguards
The developer must secure every deposit plus statutory interest with a bank guarantee or insurance. If the building is not started or not completed, you get your money back (Law 38/1999, Art. 19).
10 years for the structure, 3 years for defects affecting habitability, 1 year for defects in finishes, each from acceptance of the works. Claims lapse two years after the damage appears (Law 38/1999, Art. 17 and 18).
What brochures, sales particulars or the building specification say about construction, location, finishes and communal facilities can be claimed even if it is not in the contract (RD 515/1989, Art. 3.2).
The developer must disclose, among other things, the building permit, handover date, price including VAT and payment terms, and give you copies of the contracts (RD 515/1989).
Six common misunderstandings
The developer owes the date. We keep you informed about progress; your rights in case of delay are set out in your contract.
We are happy to help with wording and translation. But the report must go to the developer in writing so that your deadlines are secured.
Verbal agreements, including with a sales office, are hard to enforce. Have every extra and every promise confirmed in writing by the developer.
Never. Payments go directly to the developer, into the account in the contract, and only once the bank guarantee is in place.
We explain the process and watch the key points. The legal review belongs with an independent lawyer; the cost of around 1% is already included in our buying costs calculation.
These registrations are the buyer's matter. We are happy to take them on as an extra service that we agree explicitly in advance.
Checklist for smooth cooperation
- Have every promise confirmed in writing by the developer
- Receive the bank guarantee or insurance before the first payment
- Pay only into the account in the contract
- Instruct an independent lawyer
- Keep the building specification and advertising material
- Record extras in writing with price and date
- At handover, draw up a snagging list and have it countersigned
- Report later defects in writing with photos to the developer's after-sales service
- Agree extra services such as authorities, utilities or furnishing with us in writing in advance
- Involve us at every step: we translate, follow up and keep an eye on deadlines
Buying in Spain with clear roles
We accompany you from the first comparison to after the key handover and tell you openly who is responsible for what. Our purchase support is free for you, the fee is paid by the developer. Extra services up to a move-in-ready home can be agreed separately on request.
Frequently asked questions
Who is my contractual partner when buying a new build in Spain?
The developer (promotor). You sign the reservation and purchase contract with the developer, pay the developer, and the developer is liable for the date, finishes and defects.
Do I pay an agent's commission if I buy a new build through CASA READY?
No. The fee is paid by the developer. You buy at the same price as directly from the developer.
Who do I report defects to after handover?
In writing to the developer's after-sales service, with photos and date. We help with wording and follow up if needed.
How is my deposit protected on a new build?
The developer must secure every deposit plus statutory interest with a bank guarantee or insurance (Law 38/1999). Only pay once you have the guarantee.
Does the agent take care of electricity, water and authorities?
These registrations are basically the buyer's matter. CASA READY takes them on as an extra service on request, right up to move-in-ready furnishing; scope and costs are agreed in writing in advance.
Do I need a lawyer as well as an agent?
We always recommend one. The lawyer checks contracts and permits and represents only your interests; the agent accompanies the purchase but does not replace legal advice.
Legal basis and sources
- Law 38/1999 on Building Regulation (LOE), Art. 17 to 19 (BOE)
- Royal Decree 515/1989 on consumer information when buying and renting homes (BOE)
- Law 8/2004 on Housing of the Valencian Community (BOE)
As of 14 October 2026. This guide is not legal advice. For your contract we recommend an independent lawyer.