Buying off-plan has advantages, but also risks that don't exist with second-hand. We explain how to protect your purchase.
Buying & selling · Updated October 2026 · 6 min read
Buying new build or off-plan lets you customise the home and pay in instalments, but you hand over money for something that doesn't yet exist. These are the key points to protect yourself.
This is the most important: by law, the developer must guarantee, via a bank guarantee or insurance, all the amounts you pay on account. If the home is not delivered, you recover your money. Verify that the guarantee exists and covers every payment.
They must form part of the contract. That way, if the delivered home doesn't match what was promised, you can claim.
Agree a delivery date and the consequences of delay. Delays are common in new builds.
New builds are taxed with VAT (10%) + Stamp Duty (1.5%) instead of Transfer Tax. See it in our guide on taxes when buying.
We review the whole process within our conveyancing service.
If the advance payments are correctly guaranteed or insured, you recover your money plus interest. That's why it's essential to verify the guarantee before paying.
10% VAT plus 1.5% Stamp Duty in Catalonia, instead of the Transfer Tax on second-hand.
The developer must guarantee all advance payments and is liable for defects under the ten-year (structure), three-year (habitability) and one-year (finishes) warranties. Review the guarantee before paying.
Yes. If it exceeds the agreed deadline you can demand performance with compensation or, depending on the contract, rescind and recover what you advanced plus interest via the guarantee.
The developer's solvency, the specifications, the plans, the payment guarantee, late-delivery penalties and the mortgage subrogation terms. We review it with you.
We review the contract, the guarantee and the quality specifications so you buy off-plan safely.
