If I notice defects when I get the keys to my new-build home, what should I do?

Question

José Manuel Alburquerque · Accepted Answer

Note them in writing, with photos, in the key handover record, or in a separate document for which you keep an acknowledgement of receipt. Sign the record with reservations and ask for a deadline for the repairs. Do not simply refuse to sign the deed or to pay, because you could end up being the one in breach of contract. Also ask for the date of the handover of the works, because the one-year guarantee period for finishes runs from that date and may already be running. At the handover Inspect the home carefully before signing for the handover of the keys. If you can, do so with a building surveyor (an “arquitecto técnico”), who will spot defects that you might miss. Note each defect in the handover record or in a separate document and attach photos. Sign with the words “con reservas” (with reservations) next to the list. Ask the developer to tell you in writing within what period it will repair them. In Catalonia, for purchases signed from 2022 onwards, the law requires you to notify the seller of the defects without undue delay and to describe them. If you delay, you do not lose the right, but you are liable for any loss caused by the delay. What not to do Do not simply refuse to sign the deed or to pay if the contract requires you to do so on a given date. You could end up being the one in breach of contract. Depending on what was agreed, that could cost you the deposit you paid when you signed it or a compensation payment. If you want to withhold part of the payment until the repairs are done, take advice first. The amount withheld must be proportionate to the cost of the repairs and must be notified in writing. It is a different matter if the “cédula de habitabilidad” —the certificate of habitability— or the first occupation licence (“licencia de primera ocupación”) is missing. That may justify not signing, but here too it is advisable to take advice first. The periods that start to run The builder is liable for finishing defects for one year, together with the developer. That year does not run from the handover of the keys but from the handover of the works, which may have been quite a while earlier. The handover of the works is the act by which the builder handed over the building to the developer. Ask for the date of the handover certificate. In Catalonia, for purchases signed from 2022 onwards, the developer is also liable as seller for defects that appear within three years of the home being handed over. You can require it to repair them, give you a price reduction or pay you compensation. Ask for the details of the ten-year structural defects insurance (the “seguro decenal”), which covers structural damage for ten years. Also ask for the building's record book (the “Libro del Edificio”), which brings together the documentation on the works.