Some of the most attractive homes on the Costa Blanca South are sold before they are finished. You may be shown a bright show home, a polished brochure and an estimated handover season. But when you buy off-plan in Torrevieja, Orihuela Costa, Pilar de la Horadada or nearby towns, you are buying a contract for a future home—not simply the photographs you see today.
A good development can be an excellent choice. The point is to ask the less glamorous questions before paying a reservation or signing a private contract. These twelve checks will help you understand what you are committing to, what should be put in writing, and when an independent professional should step in.
1. Who is actually selling you the home?
The developer, construction company, sales representative and estate agency may all have different legal roles. Ask for the developer’s full registered company name, tax identification, registered address and the exact legal entity that will receive your money. Verify who owns the land or has authority to sell, and have an independent adviser check the relevant Land Registry documentation.
A familiar marketing name is not necessarily the name on the contract. The Spanish Notariado guide to buying off-plan recommends checking the land, developer and project permissions.
2. Has the project obtained the necessary permissions?
Ask to see the building licence (licencia de obras) or applicable authorization and identify exactly which phase and plot it covers. A licence for a neighbouring phase is not the same as authorization for your block. Have a qualified adviser review the planning position and any conditions that matter to your purchase.
A lovely artist’s impression is not planning evidence. Find out whether promised roads, landscaping or shared facilities are part of the authorised project, a later phase, or merely an illustration.
3. How are your advance payments protected?
This is one of the most important questions in an off-plan purchase. Spanish building legislation sets out obligations for developers taking advance payments during construction, including individual insurance or bank guarantees in the circumstances specified by law and payment through a designated special account. The legislation links the guarantee obligation to the obtaining of the building licence. Never assume that a transfer to an ordinary company bank account is automatically protected.
Before transferring any money, ask your independent lawyer to review the proposed reservation payment, the developer’s guarantee documentation, the beneficiary and property details, payment account, coverage and dates. Keep the signed contract and every payment receipt. Read the consolidated Building Act, additional provision one rather than relying on a sales explanation alone.
4. What exactly are you buying—not just what is pictured?
Request the floor plan, orientation, useful interior area, plot or terrace measurements where relevant, parking and storage allocation, and a written memoria de calidades (specification of materials and finishes). Ask which dimensions are approximate and what changes the developer may make.
Check the kitchen appliances, bathroom fittings, shower screens, fitted wardrobes, air conditioning, shutters, lighting, outside taps, pool equipment and garden finish individually. “Fully equipped” is not a specification. If an item matters, record its model, quality or agreed equivalent in the documentation.
Spanish consumer-information rules require clear information on matters such as plans, useful area, building materials and prices. The official regulations are a useful starting point.
5. Which advertised facilities are included in your phase?
A development may show pools, green space, parking, a gym or commercial units across several phases. Ask what is legally included in your purchase and when each shared facility should be usable. Are pools communal or private? Is a parking space included in the price, separately priced or subject to later allocation?
Request the community arrangements, proposed rules and a realistic estimate of community expenses. Estimates are not a guarantee of future annual charges.
6. Is the delivery date contractual?
“Summer completion” on a brochure is not the same as a contractual handover date. Ask for the agreed delivery deadline, what counts as completion, what happens if construction is delayed and how any extension or refund process works. Your lawyer should examine the wording and its enforceability; do not assume a late delivery automatically produces the compensation you expect.
Also separate building completion from the documents required for lawful occupation. Ask who obtains and supplies the first-occupation licence, declaration or equivalent document applicable to the project.
7. What is the complete purchase cost?
Request a written breakdown of the property price, optional extras, VAT (IVA), applicable stamp duty (AJD) and estimated notary, registry and professional costs. For a qualifying first sale of a new home by a developer, the Spanish Tax Agency states that VAT is generally 10%, while a resale purchase generally falls under property transfer tax (ITP). The exact tax treatment and regional AJD rate should be checked for your transaction and signing date.
The Tax Agency’s new-versus-used property explanation is useful; a sales quote marked “price from” rarely tells the whole financial story.
8. Will your mortgage and currency transfers fit the timetable?
If you are financing part of the purchase, compare the developer’s instalment calendar with your lender’s actual lending process. The final mortgage approval and valuation may not be ready when an early payment is due. Ask what happens if financing fails and whether the contract contains a negotiated financing condition.
International buyers should allow for exchange-rate movements, bank transfer limits, money-laundering documentation and the possibility that the final payment falls on a difficult travel date. Your personal budget needs an emergency reserve—not just the deposit.
9. Who will check the property before completion?
Agree how and when you can inspect the finished home, ideally with an independent surveyor or technical professional. A snagging inspection looks at visible defects and incomplete items: doors, windows, tiles, drainage, air-conditioning operation, electrical points, water pressure and exterior finishes.
Document issues with dated photographs and a written list. Ask how defects will be acknowledged and resolved, including work that remains outstanding at handover. An inspection is useful but not a guarantee that hidden defects can be found.
10. Which building responsibilities apply after handover?
Spain’s Building Act provides different statutory responsibility periods for categories of defects: generally one year for certain finishing defects, three years for defects affecting habitability and ten years for certain structural defects. These are not a blanket promise that everything is covered, and different claims, parties and time limits may apply.
Ask for the building documentation, manuals, warranty contacts and relevant insurance information. The Building Act explains the legal framework. Record faults promptly and seek professional advice where necessary.
11. What will daily life be like around the finished development?
Stand on the plot or visit the surrounding street if access is permitted. Look at road access, neighbouring plots, commercial activity and what is still planned nearby. Check how you will reach groceries, a pharmacy, the beach, schools or transport from the actual front door. A pleasant coastal photograph does not tell you whether the daily journey crosses a busy road.
Ask about future phases and potential disruption, but do not treat marketing statements about the surrounding area as binding plans. For a tailored shortlist, you can start with Ibeka’s property search.
12. Who is advising you independently?
The developer’s sales team may be helpful, but it represents a sale. Choose an independent Spanish-qualified lawyer to check documents and explain obligations before you sign or transfer a deposit. A notary offers an important public-law role and impartial information, but that does not eliminate the value of your own legal advice and technical checks.
At Ibeka Homes, we aim to help buyers ask clearer questions, compare real homes with brochures and stay informed during the process. Any specialised inspections or other paid professional services should be arranged separately, with their scope agreed in advance. Explore I’m Lucky! to understand our buyer-side approach.
Keep this checklist before reserving
- Get the developer’s legal identity and the property or plot reference.
- Ask for building permissions and the exact authorised project phase.
- Have your lawyer verify advance-payment protection before transferring money.
- Obtain the floor plan, memoria de calidades and written list of included extras.
- Confirm the contractual delivery date and first-occupation documentation.
- Request a full cost estimate including taxes and optional items.
- Arrange an independent handover inspection and written defect follow-up.
Three warning signs worth investigating
- Someone asks for a large transfer but will not provide the supporting contract and protection documents.
- The specification describes costly included items only in sales conversations.
- The promised handover date changes depending on whom you ask.
Frequently asked questions
Is an off-plan reservation fee always refundable?
No. Refundability depends on the actual reservation terms, applicable law and circumstances. Do not pay based on a verbal assurance; obtain independent advice on the wording before committing.
Does every off-plan payment automatically have a bank guarantee?
Do not assume so. The statutory rules have specific requirements and timing. Ask for the individual guarantee or insurance documents relevant to your purchase and have your lawyer verify them before payment.
Are new-build properties in Spain always taxed at 10% VAT?
The Tax Agency describes a general 10% VAT rate for qualifying first deliveries of homes by developers, with specific exceptions. AJD and other costs may also apply. Confirm the transaction’s tax treatment rather than assuming every property marketed as “new” is identical.
Can I check defects before collecting the keys?
Ask for a pre-handover inspection arrangement in writing. Record defects, obtain an agreed follow-up process and use an independent technical professional when appropriate.
Should I buy directly from the developer or with buyer-side support?
Compare the same property under the same developer offer. Buyer-side help is valuable when it improves your understanding of documents, location, choices and follow-up—not because anyone promises an automatic price advantage. Speak with Ibeka Homes about what support is available for your specific purchase.
This guide is general information, not individual legal, tax, technical or mortgage advice. Official rules and project documents should be checked for the specific property and signing date.