PROPERTY DISPUTES

Property disputes in Spain can arise in many different situations. What starts as a practical issue can sometimes turn into a legal dispute, especially when there is disagreement over responsibility or obligations. Whether the issue involves a purchase, a development, a tenant, or another party connected to the property, resolving it often requires a clear understanding of Spanish property law.

At Gascon Bernabeu, our Spanish property disputes solicitors are part of a well-established property department that handles a wide range of matters. If you are dealing with a property dispute in Spain, there is a strong chance we have already worked with clients in similar situations and can guide you through the process.

Situations that can lead to Spanish property disputes

Property disputes can arise at different stages of owning or managing property in Spain. In some cases, the issue begins during the purchase process. In others, it only becomes clear later, after the property has been completed, rented out, or work has been carried out.

Often, the dispute comes down to disagreements over responsibilities, obligations, or the condition of the property itself. It may involve a developer, vendor, tenant, neighbour, or contractor, depending on the circumstances. Below are some of the situations we typically see:

Off-plan property disputes

Disputes involving off-plan properties are not uncommon. During the downturn in the Spanish property market, many smaller and medium-sized developers did not have the financial strength to complete projects. As a result, a number of developments were left unfinished or remained at the planning stage.

Under Spanish law, developers were required to provide purchasers with a bank guarantee equal to the value of the deposit paid. In practice this did not always happen, particularly where developers were facing cash flow problems or had overstretched themselves financially. Where a development is not completed and the required guarantees were not provided, the recovery of deposits can become a legal matter.

Property purchase disputes

Disputes can also arise during the process of buying a property. These may involve disagreements with an estate agent or vendor, particularly where deposits have been paid and later become the subject of dispute. Issues can also emerge after completion. In some cases, problems connected to the transaction or the condition of the property only become apparent later, which can lead to disagreement between the parties involved.

Developer liability

Problems with new-build properties sometimes only become visible after completion. These issues may relate to defects in construction or aspects of the property that were not apparent at the time of purchase. Where defects arise after completion, it may still be possible to pursue the developer depending on the nature of the problem and the circumstances surrounding the purchase.