Introduction
Burofax to developer: 3 templates by case type is one of the most recurrent enquiries in new build property in Spain. This guide summarises the procedure, deadlines and critical points to give you initial orientation. The content is informative; for your specific case, a personalised review is recommended.
Main steps
- Initial documentation: contract, specifications, plans, communications.
- Registry checks: ownership, encumbrances, licences.
- Legal analysis: identification of rights and duties.
- Action plan: out-of-court, mediation or court.
- Follow-up and enforcement: implementing the settlement or judgment.
Applicable legal framework
The matter is governed by the combination of Spanish Act 38/1999 (LOE), Civil Code (arts. 1124, 1101, 1454, 1469-1471, 1902, 1905), Consumer Protection Act RDLeg 1/2007 and Act 38/1999 AD 1 (Act 20/2015 wording) on payments on account. In Andalucía, additionally, LISTA 7/2021 and municipal ordinances.
Critical deadlines
- Finishing warranty: 1 year from delivery.
- Habitability warranty: 3 years from delivery.
- Decennial warranty: 10 years from works acceptance.
- Claim limitation: 2 years from damage manifestation.
- Nullity of unfair clauses: imprescriptible.
Specifics for Costa del Sol and Andalucía
On Costa del Sol (Málaga, Marbella, Estepona, Fuengirola, Benalmádena, Mijas, Manilva, Casares, Nerja, Torremolinos) the high concentration of development and international buyers generates operational specifics: bilingual documentation, remote powers of attorney, coordination with bilingual notaries. In Andalucía capitals (Seville, Granada, Córdoba, Cádiz, Almería, Huelva, Jaén) operations are more standard but court caseload varies.
How we help
If you want a personalised review of your case, write to us on WhatsApp with the basic documentation. The first consultation is free and within 24 hours you get a preliminary diagnosis. Fixed fees from the start. WhatsApp appointment.
FAQ
How long does a claim take?
Variable. Out-of-court (burofax + negotiation): 2-6 months if developer cooperates. Court first instance: 10-18 months.
How much does it cost?
Fixed fees from the first consultation. Variable by complexity. Free initial review.
Do I have to come to the office?
No. Online from Málaga: video call, WhatsApp and email. Local procurador when in-person presence is required.
Do you attend in English?
Yes. Fully bilingual ES/EN for foreign clients on Costa del Sol.