Due diligence · Physical condition
A technical inspection can uncover issues before purchase, but it does not make the property “defect-free”.
The physical inspection, the Technical Building Inspection or IEE, and legal due diligence are separate checks. Before signing, it is advisable to know what each professional is reviewing, what falls outside the scope, and which legal regime may apply if a defect emerges after handover.
Three different checks
A private inspection, ITE/IEE and legal review are not the same thing
The fact that a building has administrative documentation or has passed a mandatory inspection does not mean that a specific property has been examined in the buyer's interests.
Private technical inspection
Commissioned by the buyer to assess the visible physical condition and, depending on the agreed scope, the structure, damp, roofs, installations, enclosures, climate control, terraces, common areas or other elements.
Its scope depends on the engagement and the professional.
ITE / IEE for the building
It is an administrative instrument linked to the building's state of repair and, in the case of the national IEE, also to accessibility and energy efficiency. Its specific requirements also depend on regional and municipal regulations.
It is not a “guarantee” for an individual property.
Legal due diligence
It checks ownership, encumbrances, Catastro, the homeowners' association, occupancy, contracts, licences, planning status and other documents. A legal review does not replace an assessment of building defects.
Correct documentation ≠ correct physical condition.
If the physical condition could change your decision, your offer or your renovation budget, the inspection should be carried out before entering into a contractual commitment that does not allow you to respond to its outcome. How to include an inspection condition depends on the contract and should be legally reviewed.
Before reserving or signing
A useful inspection starts by defining its scope
There is no universal technical checklist that applies to every property. A flat in an older building, a detached home, a renovated house and a recent development have different risk profiles.
- Cracks, deformations and other signs warranting a structural assessment.
- Damp, leaks, condensation and signs of recent repairs.
- Roofs, terraces, façades, courtyards and water entry points, where accessible.
- Electrical installations, plumbing, drainage, climate control and hot-water production, according to the contracted scope.
- Windows, shutters, doors, visible insulation and ventilation.
- Condition of the kitchen, bathrooms, wall and floor finishes, fittings and equipment included in the sale.
- Relevant common areas, lift, garage, swimming pool or other shared facilities.
A defect may be behind a finish, beneath flooring, within an installation, or become apparent only during rain, heavy use or certain conditions. Where there are signs of risk, additional testing or a specialist technician may be necessary.
ITE and Building Assessment Report
The building's administrative inspection provides information, but does not replace the buyer's own inspection
The consolidated text of the Land and Urban Rehabilitation Act allows the authorities to require a Building Assessment Report for certain multi-unit residential buildings. At a minimum, the report assesses condition, accessibility and energy efficiency; regional and municipal regulations may impose their own requirements and intervals.
Retention
The IEE identifies the building's state of repair within the applicable administrative framework.
Accessibility
It includes an assessment of the basic conditions for universal accessibility and any possible reasonable adjustments.
Energy efficiency
It incorporates the energy certificate where the legal requirements are met.
The General Council of Notaries notes that, in some autonomous communities, buyers must be provided with proof of, or information about, the Technical Building Inspection where applicable. This is a documentary review, distinct from physically inspecting the property to decide whether to buy it. Institutional source: General Council of Notaries.
Common Civil Code
Not every defect arising after purchase is legally a “hidden defect”
Where the warranty regime under the Common Civil Code applies, Article 1484 refers to hidden defects that render the item unfit for its intended use or diminish that use to such an extent that, had the buyer known of them, they would not have bought it or would have paid less. It excludes obvious or visible defects and provides a specific rule for expert buyers.
It existed at the time of sale
The issue must be connected to the condition of the item sold, not to new damage arising afterwards through use, accident or lack of maintenance.
It was not obvious
The Civil Code excludes obvious defects or those that were visible.
It is material
Not every imperfection is sufficient: the law links the defect to fitness for use or to a sufficiently significant reduction in that use.
It must be proven
In a dispute, the relevant factors include facts, dates, the contract, photographs, communications and expert evidence regarding the cause and age of the defect.
Article 1485 of the Common Civil Code establishes that rule, but also provides for the effect of a contrary stipulation where the seller was unaware of the defect. This is why contractual clauses should not be treated as irrelevant text.
Time limits · High priority
The six months under Article 1490 are not a “six-month guarantee” for every property in España
Under the Common Civil Code regime, the actions in the preceding articles concerning liability for hidden defects expire six months from delivery of the item sold. Article 1486 allows, where applicable, a choice between withdrawing from the contract with reimbursement of expenses or a proportional price reduction; if the seller knew of the defect and failed to disclose it, the rule also provides for damages where termination is chosen.
España has common civil law and special or regional civil law systems. Contractual, consumer or building regulations may also apply. The applicable law, the delivery date and the precise nature of the defect must be identified before determining which action is available and what time limit applies.
Example of why the applicable law matters
Book Six of the Civil Code of Cataluña governs sale and purchase through its own regime of conformity and remedies, with rules and time limits that differ from the traditional warranty regime under the Common Civil Code. Its existence shows why a national guide should not present Article 1490 as a universal answer for every transaction in Spain.
Recent buildings and new-build properties
Construction defects may open another avenue under the Building Regulation Act
The LOE establishes liability towards owners and third-party purchasers for certain material damage to the building. The time limits run from acceptance of the works without reservations, or from the rectification of any reservations, not from the date on which each buyer acquires the property.
One year
The contractor is liable for material damage arising from construction flaws or defects affecting finishing elements.
Three years
Liability for material damage caused by flaws or defects in building elements or installations resulting in failure to meet habitability requirements.
Ten years
Liability for material damage affecting certain structural elements and directly compromising the building's mechanical strength and stability.
Article 18 of the LOE establishes that actions to enforce the liabilities under Article 17 are time-barred two years after the damage occurs, without prejudice to any other contractual actions that may remain available. That limitation period should not be confused with the 1-, 3- and 10-year periods within which the damage covered by Article 17 must become apparent.
If you discover a problem afterwards
Document it first, then determine which legal framework applies
Preserve evidence
Photographs, videos, date of appearance, listings, inventory, contract, messages, previous reports, and any document showing the condition of the property or the seller's statements.
Obtain a technical assessment
Where the cause is technical, a report can help identify the origin, severity, likely age, repairability, and relationship to common or private elements.
Notify without delay
Early communication helps establish the facts and avoid disputes over when the problem became known. The appropriate format depends on the case and legal strategy.
Review the time limit and applicable law
Handover, date of acceptance of the works, contract, seller, applicable civil-law framework, and type of defect can completely change the route for making a claim.
If there is a risk to people or an immediate risk of the damage worsening, the priority is safety and limiting the harm. Documenting the issue does not mean allowing urgent damage to worsen.
Illustrative examples
The label “latent defect” depends on the facts and evidence, not on the name of the problem
The following examples help classify questions; they do not predetermine the legal outcome of a specific case.
| Situation | What needs to be checked | Why a quick conclusion is not enough |
|---|---|---|
| Damp appearing after rainfall | Origin, prior existence, previous repairs, common elements, accessibility of the defect, and prior knowledge. | It may be a latent defect, a community-related issue, subsequent maintenance, or a combination. |
| Clearly visible crack during viewings | What was seen, what was explained, whether a report was requested, and what the documentation stated. | The general Civil Code excludes obvious or visible defects from its regime under Article 1484. |
| Outdated electrical installation | Age, condition, operation, information provided, and whether there is a specific defect or simply expected obsolescence. | A usada property does not legally become “defective” merely because its components are not new. |
| Structural issue in a recently built building | Date of completion acceptance, technical cause, affected element, and dates on which the damage became apparent. | The LOE regime may be relevant, in addition to contractual or other claims. |
| Unlicensed renovation | Planning legality, municipal file, Land Registry/Catastro, and physical condition. | This is primarily a planning/documentary risk; it should not automatically be reduced to a “hidden defect”. |
Common mistakes
Six misconceptions that can cost you time and options
“The ITE is favourable, so I don't need an inspection”
The ITE/IEE has its own purpose and scope; it is not equivalent to a private inspection of the property for the buyer.
“Any repair is a hidden defect”
The general Civil Code regime requires specific characteristics and excludes obvious defects.
“I have a six-month warranty”
Article 1490 governs the expiry of certain claims; it is not a universal commercial warranty and does not override other regimes.
“The mortgage valuation has already reviewed everything”
A valuation serves a valuation purpose. It should not be assumed to replace a thorough technical inspection or legal due diligence.
“The property is old, so there is nothing to claim”
Age affects expectations and evidence, but it does not allow the contract, defect, concealment, and applicable law to be dismissed without analysis.
“I will repair everything first and then make a claim”
Carrying out work without documenting it may make it harder to prove the cause, extent, and prior condition. Urgent works should be carefully documented.
Verified official sources
Legal and institutional basis for this guide
Last verified: 9 August 2026. Regional, municipal and special civil law rules must be checked when relevant to the specific property or contract.
Related RealtorList guides
Separate the property's physical condition from other purchase risks
Professional help depending on the issue
The right professional depends on whether the risk is technical, legal or both
A technical professional can investigate defects and physical condition; a legal professional can interpret the contract, deadlines and remedies. RealtorList allows you to find real-estate professionals by location and services, but a directory listing does not replace verification of professional qualifications for the specific assignment.
Frequently asked questions
Property inspection and hidden defects
The national sources revisadas do not establish a universal private buyer's inspection as a general validity requirement for every property sale. It is a risk-management tool. It should be distinguished from administrative building inspections that may be required by the autonomous community or municipality.
No. The ITE or IEE relates to the building within its administrative framework and scope. They are not equivalent to a comprehensive private inspection of a specific home, nor do they rule out the possibility of hidden defects.
Article 1484 refers to hidden defects that make the property unfit for its intended use or reduce that use so significantly that the buyer would not have purchased it or would have paid less. It excludes obvious or visible defects and contains a specific rule for expert buyers.
Under the general Civil Code regime, Article 1485 establishes that, as a rule, they are, although it provides for the effect of a contrary stipulation where the seller was unaware of the defects. The contract and applicable law should be reviewed before reaching a conclusion on liability.
It should not be stated that way. Article 1490 extinguishes, six months after delivery, the specific actions under the preceding articles on liability for hidden defects in the general Civil Code. Special civil law may apply, and other actions or regimes may also be relevant, including the LOE.
No. The one-, three- and ten-year periods under Article 17 are calculated from acceptance of the works without reservations or from the rectification of any reservations. When reselling a recently built property, part of those periods may have elapsed before the purchase.
Where there is no urgency, it is advisable to document the defect and its cause before altering the evidence. If there is a safety risk or a risk of immediate worsening, preventing damage should take priority, while carefully documenting the actions taken.
No. Legal and technical reviews answer different questions. A lawyer can review the contract, documentation, legal risks and possible remedies; assessing the structure, dampness or installations requires the appropriate technical professional.
Actualidad inmobiliaria
Últimas publicaciones
Información práctica para agentes, agencias, compradores, vendedores e inversores del mercado inmobiliario español.
Capital gain on selling a property in España
Fiscalidad del vendedor · Ganancia patrimonial El impuesto no se calcula simplemente restando el precio de compra al precio de venta. Para determinar la gananci…
Leer más
How to calculate the return on a rental property
Inversión inmobiliaria · España Una buena inversión no empieza por la rentabilidad anunciada: empieza por entender todos los números y todos los riesgos. Compra…
Leer más
Scams and warning signs when buying a home in España
Seguridad inmobiliaria · España Una señal de alerta no demuestra una estafa, pero sí puede justificar detener el pago hasta verificar. Antes de entregar una res…
Leer más
Long-term or holiday rental: how to compare them
Inversión · Alquiler · Estrategia Larga temporada o alquiler turístico: compara primero la viabilidad y después la rentabilidad El alquiler turístico puede gene…
Leer más
Buying a property to invest in España
Inversión inmobiliaria · España Una buena inversión no empieza por la rentabilidad anunciada: empieza por entender todos los números y todos los riesgos. Compra…
Leer más
Buying a second home in España
Segunda residencia · España Una buena segunda vivienda debe funcionar también cuando no estás allí. Comprar una segunda residencia en España implica mucho más q…
Leer más
Tourist rental of residential properties in España
Inversión y alquiler · marco nacional Comprar para alquiler turístico no empieza con la rentabilidad. Empieza confirmando que el uso es viable. En España no exi…
Leer más
Where to buy a home in España: how to choose the right area
Elegir ubicación antes de elegir inmueble La zona adecuada no es la más famosa: es la que encaja con tu uso, presupuesto y forma de vida. España reúne mercados…
Leer más
Documents required to sell a property in España
Checklist documental del vendedor Preparar los documentos antes de encontrar comprador puede evitar retrasos cuando llega el momento de firmar. Para vender una…
Leer más
Withholding of 3% when selling a property as a non-resident
Vendedor no residente · IRNR El 3% que se retiene en la venta no es necesariamente tu impuesto final. Cuando un contribuyente no residente sin establecimiento p…
Leer más