Snagging a new-build on the Costa del Sol: the 2026 handover inspection checklist

Snagging a new-build on the Costa del Sol: the 2026 handover inspection checklist

The one document that decides whether a defect is the developer’s problem or yours is the signed handover acta.

Snagging is the inspection a buyer carries out before signing the public deed (escritura) on a new-build property in Spain. It is the moment to catch every scratch, misaligned tile, leaking trap and missing seal before the keys change hands, because after the notary signs you off, your leverage drops sharply. Spanish law gives you three liability windows after handover (one, three and ten years), but each covers a different class of defect, and proving a fault existed at delivery is far easier when you documented it on day one. The two-year prescription clock (Article 18 of the LOE) starts when the damage appears, not when the liability window ends, so acting promptly matters.

What is a snagging inspection and when does it happen?

A snagging inspection is a room-by-room audit of a newly completed property, carried out before the buyer signs the escritura publica at the notary. The developer hands over the property for inspection, the buyer (or their surveyor) lists every visible defect on a snagging list (lista de vicios), and the developer is expected to fix them before completion or agree a written timetable for repair. Under Article 6 of the Ley de Ordenación de la Edificación (LOE), the formal handover (recepción) is recorded in a signed acta by both the developer and the buyer, and the liability clocks start running from that date. If the buyer accepts the property with reservations, the reservations must be listed in the acta; without them, the developer can argue that every defect appearing later was wear and tear, not a build fault.

The practical sequence on the Costa del Sol is straightforward. The developer’s commercial team notifies the buyer that the property is ready, typically two to four weeks before the notary appointment. The buyer visits the property with a checklist (or hires a perito edificador), documents every defect with photographs and written descriptions, and submits the snagging list to the developer. The developer then either fixes the items before the escritura or agrees a written repair schedule, often 30 to 90 days post-completion. Buyers purchasing off-plan through the bank-guarantee route described in our off-plan buying mechanics guide should already have a lawyer involved at this stage; the snagging visit is the last chance to use the withheld final payment as leverage.

What are the three legal liability windows under the LOE?

The LOE (Ley 38/1999, Article 17) establishes three liability periods that run from the formal receipt of the work. Each covers a distinct class of defect, and the distinction matters because a cracked tile and a cracked foundation follow completely different timelines and procedures.

Liability window	What it covers	Who is liable
1 year	Defects in finishing and appearance (elementos de terminación o acabado): paintwork, tiling, doors, fittings, surface cracks, sanitaryware	The contractor (constructor) directly
3 years	Defects in construction elements or installations that breach habitability requirements: waterproofing, plumbing, electrical wiring, insulation, ventilation, noise protection	All building agents, jointly and severally
10 years	Structural defects in foundation, supports, beams, floor slabs, load-bearing walls that compromise mechanical resistance and stability	All building agents, jointly and severally; the developer always liable

The developer (promotor) responds solidariamente, jointly and severally, with every other agent in the building process, according to Article 17.3. This is the single most important legal protection for the buyer: it means the buyer pursues the developer for any defect, regardless of which subcontractor, architect or engineer caused it. The developer then recovers internally from the responsible party. The buyer never has to identify or chase a subcontractor directly.

A separate prescription period governs the right to claim. Article 18 of the LOE sets a two-year prescription for actions to demand liability for material damage caused by defects or faults, counted from the date the damage appears. A two-year period also applies to the repetition action (the right of one agent to recover from another after paying). The practical implication is that a buyer who discovers a defect in year two of the three-year habitability window must file within two years of the discovery, not within the remaining year of the liability window itself.

The LOE also requires, for residential buildings, that the developer carries insurance. Article 19 sets three guarantee tiers: a seguro de daños materiales or seguro de caución covering the one-year finishing defects (minimum capital 5 per cent of the construction cost, or a 5 per cent retention by the promotor), a guarantee covering the three-year habitability defects (minimum 30 per cent), and a seguro decenal covering the ten-year structural liability (minimum 100 per cent of the construction cost). These are statutory requirements, not optional marketing promises, and the buyer should ask for the policy documents at handover. The seguro decenal is examined in detail in our seguro decenal guide.

What should a snagging checklist cover, room by room?

A thorough snagging inspection takes two to three hours on a typical two- or three-bedroom apartment. The checklist below is the practical version, organised by area. It is not exhaustive, but it catches the defects that account for the majority of post-handover disputes on the Costa del Sol.

Area	What to check
Living areas and bedrooms	Paint finish (no runs, no colour mismatches), skirting boards flush and sealed, door frames square, doors close flush and latch, window seals, window locks, glass defects, floor tiles level (no lippage), grout lines uniform, wall sockets fixed and flush, light switches functional
Kitchen	Worktop scratches and joints, sink seal, tap water flow (hot and cold), dishwasher and oven level, cabinet doors aligned, drawer runners smooth, extractor fan working, hob ignition, waste disposal connected, plumbing under sink dry
Bathrooms	Tile grout complete, shower tray slope and drainage, screen seal, towel rails fixed, wc flush and fill, basin waste, mirror secure, extractor fan, waterproofing evidence (no damp patches on adjacent walls)
Terrace and exterior	Floor tiles level and grouted, railing secure, drainage channels clear, planters waterproofed, outdoor tap, light fitting, no cracks in rendered walls
Utilities and systems	Boiler firing, thermostats working, AC units cooling and draining, electrical panel labelled and complete, water meter reading, electric meter reading, gas connection certified
Structure	No cracks above doorways or window heads (subsidence indicators), no damp patches on ceilings or walls, no water stains near plumbing runs, floor levels (use a spirit level on a tile joint)

The defects that cause the most disputes are not the obvious ones. A scratched worktop is visible and easy to list. The faults that cost real money are the ones a layperson misses: a shower tray that slopes the wrong way and floods the terrace, an AC drain that empties into a wall cavity, a boiler flue that does not meet the current Código Técnico de la Edificación standard. A professional snagging surveyor (perito edificador or aparejador) earns their fee on these items, particularly on high-value properties where the developer’s after-sales team is trained to say “that is within tolerance”. Buyers of branded residences like EPIC Marbella by Fendi Casa and Design Hills by Dolce and Gabbana should expect premium finish standards and should hold the developer to the specification in the contract, not the tolerance bands in the building code.

What is the difference between snags and hidden defects?

A snag is a visible defect or incomplete item spotted at handover. A hidden defect (vicio oculto) is a fault not visible at handover that surfaces later: a leaking pipe inside a wall, a poorly compacted substrate that causes tiles to lift, a missing damp-proof membrane. The distinction matters because the LOE’s liability windows apply to both, but the practical burden of proof differs. For a snag on the lista de vicios, the defect is documented and dated. For a hidden defect discovered months later, the buyer must prove it existed at handover and was not caused by their own use.

Article 17.9 of the LOE explicitly preserves the buyer’s separate rights against the seller under articles 1484 and following of the Spanish Civil Code for hidden defects. The notary, as the Consejo General del Notariado notes in its property purchase guidance, warns the seller at the signing of the escritura that they remain responsible for hidden defects not visible at handover. The specific deadlines and procedures for claiming under the Civil Code differ from the LOE periods, and a buyer who suspects a hidden defect should consult an independent lawyer promptly; waiting can weaken the causal link between the defect and the construction.

What documents must the developer provide at handover?

Before the buyer signs the escritura, the developer must provide a set of documents that confirm the building is legal, habitable and insured. The Colegio de Registradores, in its guide for property buyers in Spain, lists the checks a buyer should complete before the notary appointment. For a new-build on the Costa del Sol, the critical documents are:

1. Certificado final de obra (CFO): the architect’s and technical architect’s (aparejador) certificate confirming the building was completed according to the licensed project.
2. Occupation authorisation: in Andalusia, the LISTA (Ley 7/2021, Article 138.1.d) replaced the old separate licencia de primera ocupación for qualifying works with a declaracion responsable backed by the certificado final de obra. The promoter files the sworn declaration and the utilities contract the definitive supply on production of that title. The town hall reserves the right to inspect afterwards and order restablecimiento de la legalidad (Article 157) if the declaration is false or the work does not conform. The old-style municipal licence still applies where the town hall requires substantive prior review.
3. Libro del edificio (building book): the manual documenting the construction details, materials, installations, maintenance schedule and the LOE insurance policies (seguro decenal and seguro de caución), as required by Article 7 of the LOE.
4. Energy performance certificate (certificado de eficiencia energética): required for all new-builds, issued by a qualified technician.
5. Cédula de habitabilidad or equivalent: the municipal habitability certificate confirming the property meets minimum living standards, where the municipality still requires it alongside the LISTA declaracion responsable.

A buyer who skips these checks is taking a risk that our common mistakes buying in Spain guide catalogues: accepting keys without the occupation authorisation, signing the escritura without reviewing the building book, and discovering months later that the property lacks the legal status to connect water or electricity. The full cost of buying on the Costa del Sol includes the notary, registry and tax costs, but the handover documents are the developer’s obligation, not the buyer’s cost. The building-control mechanics behind these documents are explained in our obra nueva process guide.

What happens if the developer refuses to fix the snags?

The buyer’s strongest leverage is the withheld final payment. On a typical Costa del Sol off-plan schedule, 40 per cent of the price is paid at the escritura. If the developer has not resolved the snagging list, the buyer can accept the property with reservations (recepción con reservas under Article 6 of the LOE), listing the outstanding defects in the acta, and condition the final payment on a written repair timetable. Most developers agree, because the alternative is a delayed completion that costs them more than the repairs.

If the developer refuses after the escritura, the buyer’s recourse is the LOE liability windows. For finishing defects within the one-year window, the claim is against the contractor through the developer, and the seguro de caución or bank guarantee should cover the cost. For habitability or structural defects, the claim runs against the developer and all agents solidarily, and the seguro decenal covers structural claims within ten years. The practical step in every case is the same: document the defect with photographs and a written notice to the developer within the liability window, and instruct an independent lawyer to file the formal claim (reclamación) within the two-year prescription period of Article 18 if the developer does not respond within a reasonable period (typically 30 days).

This guide is general information, not legal or tax advice. Rules change and individual circumstances differ. Verify current requirements with an independent lawyer (abogado) or tax advisor (gestor/asesor fiscal) before acting.