Post-handover guarantees: three-year, ten-year and finishes

One of new build's most concrete advantages over resale is the legal guarantees protecting buyers for years after handover. Law 38/1999 establishes three guarantee levels with different durations, coverage and responsible parties. They are not optional — they are legally mandatory. But for them to protect you, you need to know them, document defects and claim within deadlines.

The three guarantees

Finishes guarantee — 1 year

Covers: completion and finishing defects (paint shrinkage cracks, carpentry misalignments, loose tiles, scratches, dripping taps, faulty switches). Responsible: the constructor. Deadline: 1 year from deed date.

Habitability guarantee — 3 years

Covers: defects affecting habitability (damp/leaks through facade, roof or foundations; insulation problems; installation faults in electrics, plumbing, HVAC; ventilation issues; accessibility non-compliance). Responsible: constructor (execution) and, if design-related, the architect. Deadline: 3 years from works reception date.

Structural (decennial) guarantee — 10 years

Covers: structural element defects compromising stability, mechanical resistance or building safety (foundation settlement, structural cracks/deformations in columns, beams, floor slabs). Responsible: all building agents (developer, constructor, architect, works directors). Liability is joint if the cause cannot be attributed. Deadline: 10 years from works reception. Decennial insurance: the developer must take out mandatory insurance before deeding. If the developer has disappeared, the insurance remains valid — claim directly from the insurer.

How to document and claim

1. Document: photo with date, exact location, description, timeline.
2. Notify the developer in writing: email first, burofax if no response within 15 days. The burofax has legal standing — proves you claimed within the guarantee period.
3. Demand repair: the developer/constructor sends workers to assess and fix. If insufficient or recurring, communicate again in writing.
4. If no response: consult a property lawyer (€50-150 initial advice). For structural defects: contact the decennial insurance company directly.

Deadlines: do not let them lapse

Guarantee deadlines are expiry-based. Within each guarantee period, there is a 2-year statute of limitations from defect discovery to initiate legal action. Practical rule: document and report every defect as soon as discovered, within the guarantee period.

Mistakes that can lose you the guarantee

• Not communicating in writing: phone calls leave no proof.
• Modifying structure or installations: the developer can argue the defect results from your modification.
• Not claiming within the deadline.
• Not keeping documentation: preserve quality spec, contract, deeds, works certificate, decennial insurance policy and all correspondence.

Developer guarantee vs manufacturer guarantee

Appliances (oven, hob, dishwasher, aerothermal) have their own manufacturer guarantee (usually 2 years). This is independent from the developer's. If the aerothermal fails in year 2: the 1-year finishes guarantee has expired, but the manufacturer's 2-year and (if affecting habitability) the 3-year guarantee still apply. Keep all appliance invoices and manuals.

Frequently asked questions

Do guarantees cover hidden defects?

Yes. Hidden defects (not visible at handover) are covered if discovered within the relevant guarantee period. Damp appearing in the second winter is a typical example — covered by the 3-year guarantee.

What if the developer has disappeared?

For decennial: claim from the decennial insurance. For 3-year or finishes: claim from the constructor (if still active) or other agents (architect, works director). A lawyer can identify against whom to direct the action.

Are communal areas covered?

Yes. The same three guarantees apply. Claims are made by the owners' community (through the president or administrator), not individual owners.

Can I hire a surveyor to assess a defect?

Yes, and it is recommended for serious defects. A surveyor's technical report (€300-1 000) carries legal weight and can be decisive in proving the developer/constructor's responsibility.

Do guarantees transfer if I sell?

Yes. Guarantees attach to the property, not the original buyer. If you sell in year 3, the new buyer inherits the remaining decennial (7 years) and residual 3-year guarantee. An added value of new build vs resale.

If you have a new-build home and need advice, explore our properties or contact us for a consultation.