Hidden defects are serious, non-visible defects in a Spanish property that already existed before the sale and which the seller failed to disclose — such as damp, leaking pipes, concrete decay or an unauthorised extension. As a buyer in Spain, you are entitled to legal protection under the redress for latent defects under the Spanish Civil Code (Article 1484 et seq.). You may then, within six months of the purchase, either rescind the contract or claim a price reduction.
For Belgians and Dutch people buying a second home on the Costa Blanca, this is a topic you’d be better off knowing about before you buy rather than after. In this guide from Invest in Spain We explain what constitutes a hidden defect in legal terms, what rights you have, and — most importantly — how you can prevent them altogether with the right preparation.
What exactly are hidden defects?
A defect is “hidden” if it meets three conditions: it was not visible during a normal inspection, it already existed at the time of sale, and it is so serious that you would not have bought the property (or not at the same price) had you known about it. A small crack in a paving stone does not count; a foundation with concrete rot or an illegally built swimming pool does.
Common hidden defects in Spanish properties include damp problems and mould behind wall coverings, outdated or leaking pipes, faulty electrical installations, and concrete decay (known in older coastal flats as aluminosis), and buildings that do not have the correct planning permission. The latter ties in directly with our guide on Recognise illegal building in Spain.
Your rights as a buyer: redress for hidden defects
The Spanish Civil Code (Civil Code, Articles 1484 to 1490) requires the seller to be liable for hidden defects. If you discover such a defect after the purchase, you have two options:
- Action for rescission: You may cancel the sale and receive a refund of the purchase price.
- Acción quanti minoris: You will retain the property but are demanding a price reduction, as determined by an expert.
Please note the deadline: in principle, you only have six months after delivery to assert your rights. Furthermore, you must be able to prove that the defect already existed before the sale and that it was genuinely hidden. That is why gathering evidence — photographs, an expert’s report, witness statements — is essential. Anyone who, without proper legal review is in a much weaker legal position.
New-build properties: additional guarantees through the LOE
If you are buying a new-build property or a home that is less than ten years old, the following also applies: Building Regulations Act (LOE). This building regulations act provides for three warranty periods: one year for defects in finish, three years for issues affecting habitability (such as damp and insulation) and ten years for structural defects that affect the stability of the building. For those who off-plan If you buy one, this offers important protection; read more about this in our guide to the dangers of off-plan property buying in Spain.
How to avoid hidden defects
Prevention is always better than litigation — a court case in Spain costs time, money and nerves. Three measures can protect you in advance:
- A structural survey (technical report): have an independent architect or technical architect Inspect the property before you sign.
- The Note Simple: Check that the registered property matches the actual property and that there are no encumbrances on it.
- A thorough legal due diligence: provide proof of ownership, planning permission and a certificate of fitness for habitation (certificate of occupancy) check.
When drawing up your budget, don’t forget the additional costs — the survey, notary fees and taxes together amount to between 10% and 15% of the purchase price. You can find out how to budget for this correctly in our guide on buyer's costs in Spain.
What should you do if you do discover a fault?
If you discover a serious defect after the transfer, act quickly. Document everything with photographs and the date, have an expert draw up a report showing that the defect already existed, and formally notify the seller (via burofax) fails to comply within the six-month period. Contact a Spanish solicitor immediately. An experienced gestor and a lawyer are familiar with local procedures and know how to build a strong case for you.
How we can help you
At Invest in Spain, we prefer to prevent problems rather than sort them out afterwards. Our team of local experts, led by property expert and CEO Kenzo Fayot, arranges the technical inspection, checks permits and title deeds, and supports you right up to the final signature at the solicitor’s office. Whether you’re looking for a flat in Torrevieja, a villa on the northern Costa Blanca or a profitable investment, you can buy with complete peace of mind. Are you starting your search? Then read our comprehensive guide buying property in Spain.
Frequently asked questions about hidden defects
How long do I have to make a claim for a hidden defect?
In the case of hidden defects (hidden vices) a period of six months from the date of handover of the property applies. For new-build properties, longer time limits of one, three and ten years apply under the LOE, depending on the type of defect.
What if the seller deliberately concealed the defect?
If you can prove that the seller was aware of the defect and concealed it (bad faith), you may claim damages in addition to rescission or a price reduction. Evidence is crucial in this regard.
Does a structural survey provide me with full protection?
A property survey significantly reduces the risk, but does not cover every hidden defect. However, when combined with a Nota Simple and a legal check, you are in a very strong position.
Does this protection also apply to overseas buyers?
Yes. The protection provided by the Spanish Civil Code applies to any buyer of Spanish property, regardless of your nationality or place of residence.
Would you like to shop safely, without any unpleasant surprises? Please get in touch with our team and we’ll take care of both the inspection and the legal checks that protect you.
