If delivery is delayed, collect the contract, payment records, agreed delivery date and bank guarantee or insurance policy. The next decision is whether to seek delivery, agree an extension or pursue termination and repayment. A claim against the developer and a claim under a guarantee are different: the applicable date-based regime, coverage and requirements matter.
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Before paying an advance
Identify the developer, the property and any additional units included in the purchase, the building licence, the timetable and the payment account. Keep the advertising, plans and specification of finishes, together with any agreed changes. The documents should establish what will be delivered, when and which payments cover the reservation, purchase price, tax or third-party services.
Under its applicable regime, the first additional provision of the Building Regulation Act (Ley de Ordenación de la Edificación, LOE) requires guarantees for repayment of advance payments from the grant of the building licence and a special account. Ask for guarantee documentation identifying your transaction and check the issuer, amounts and period covered. A bank logo in the advertising does not prove that every payment is protected.
Distinguish proposed dates from agreed extensions
Read the delivery date, grounds for extending it, preconditions and termination clauses. Record whether the developer proposed a new date and whether you accepted it. An extension can change rights, deadlines or guarantees; review its consequences before treating it as an administrative formality.
Ask in writing about the progress of the works, outstanding documents and the specific reason for delay. The consequences do not depend only on the number of days elapsed: the contract, seriousness, circumstances and applicable law all matter. If you wish to proceed with the purchase, document the new handover conditions and continued guarantee coverage.
Delivery, termination and damages are different remedies
A legal review should identify the outcome you want. You may need delivery to take place, termination and repayment to be assessed, or compensation for proven losses. These options cannot always be combined, and not every delay permits withdrawal on any terms. A general cancellation notice may have consequences that should be understood before sending it.
If you have paid for alternative accommodation, storage, financing or other costs caused by the delay, distinguish actual expenses from estimates. Keep the contracts, invoices and proof of payment and explain how the expense relates to the breach. Protection for repayment of advances and interest under a guarantee does not automatically mean that every additional damages claim is covered.
Claims under a guarantee have their own requirements
Under the current regime in the LOE’s first additional provision, surety insurance and bank guarantees provide for a verifiable demand to the developer for repayment and failure to repay within thirty days, subject to the statutory exception where a prior demand is impossible. A claim to the guarantor should be supported by the contract, guarantee and proof of the sums actually paid.
For a bank guarantee, the provision also includes a specific expiry rule where two years pass from the guaranteed breach without the demand to the developer to terminate and repay the sums on the statutory terms. Do not treat this as a universal time limit for every action, insurance policy or older advance payment. Payment dates and transitional rules need examination; Law 57/1968 should not be presented as the sole current regime for every development.
The finished property differs from what you bought
A visit before signing the deed can reveal defects, discrepancies in measurements or finishes, or outstanding documents. Record each issue and the proposed remedy. Acceptance of the works between developer and contractor, handover to the buyer and execution of the purchase deed are different events: their dates should not be substituted for one another.
A minor defect does not establish, without further analysis, that you can refuse to sign without consequences. Equally, signing a handover document does not mean every unexamined issue must be accepted as correct. Where there are material discrepancies, obtain a review of the contract and technical evidence before completion. The guide to defects after buying explains the possible legal routes.
Documents needed to review the transaction
- Reservation agreement, contract, amendments, plans, specification and retained advertising.
- Evidence of every transfer or payment, including date, recipient and purpose.
- Bank guarantee, individual insurance policy or other coverage documents supplied.
- The agreed delivery date, changes and acceptance or rejection of extensions.
- Communications about construction, the licence, completion, handover or repayment.
- Evidence of expenses and losses, kept separate from estimates.
Prepare a table with one row per payment and a separate timeline of contractual milestones. Where a housing cooperative is involved, identify the membership documents, contributions and notified decisions as well. Those documents help establish the legal relationship and who may be liable. Receiving a transfer does not, on its own, establish a bank’s obligation to repay it.
Worked example: an extension after paying €30,000
A buyer has paid €30,000 and is offered a six-month extension with a new delivery date. Before accepting, she compares the proposed terms with the contract, confirms the guarantee and keeps proof of payment. She also records the rent she must continue paying while she waits.
The next step could be to negotiate terms for continuing or assess repayment through the appropriate route. It is not safe to promise automatic recovery of all rental costs or enforcement of a bank guarantee using only a screenshot. The decision depends on the breach, guarantee regime and available evidence.
Choose purchase review or a claim
Before signing or accepting changes, consider legal support for the purchase. If you need to claim under a guarantee, the guarantor-claim service details are available in Spanish. A contractual dispute must have its own defined scope, including any required prior negotiation and its exceptions.
Tell us if signing, a formal demand or another deadline is approaching. The initial assessment is free. Before an engagement, the firm confirms the professional, availability, scope, quote and external costs, distinguishing document review, negotiation, litigation and technical work.
Frequently asked questions
Must the bank receiving the payments always refund them?
That cannot be assumed without examining the applicable regime, payments, account and legal basis for liability. Check whether a guarantee or insurance exists and which obligations attach to each party.
Is signing an extension just a formality?
No. It can affect the completion date and guarantee. Compare the proposed version and establish which rights, terms and claims remain available.
Are a bank guarantee and surety insurance the same?
Both can secure advance payments, but their documents and requirements need separate examination. The same claim deadline cannot automatically be applied to every case.
Official sources and scope
Official legislation linked below is in Spanish.
- Building Regulation Act (LOE): first additional provision (advance payments, guarantees, demands and time limits).
- Spanish Civil Code: article 1091 (contractual obligations), article 1124 (performance or termination) and article 1255 (agreements and amendments).
- Organic Law 1/2025: article 5 (prior requirement and exceptions), article 7 (effects on deadlines) and article 10 (evidence of negotiation).
General legal information, adapted from the Spanish guide whose stated editorial and source review is dated 28 October 2026. The contract, dates, applicable law and case documents determine the next step.