Andalusian Law To Provide More Protection For New Property Buyers

Builders will not be able to change the quality of materials used or the layout of a new house or flat without the prior consent of the buyer.

"The developer who sold us the house told us that the quality would be excellent and that there would be a double wall between each flat. Now when my neighbour watches the football, I can hear the match in my living room because the walls are paper thin".

This is one typical example of the thousands of complaints about new housing received at Consumers' Information Offices. Soon though, thanks to the new Quality Housing Law announced recently by the Junta de Andalucía, this type of complaint could end up in court with the law on the buyer's side. The new regulations will oblige builders and developers to stick religiously to their plans as far as the layout and the quality of the new property are concerned, and these should be clearly specified in detail before the first payment is made.

Pending approval by the Andalusian parliament, the new law makes it clear that any change to the plans or the quality of materials used for a new construction must not be made without the prior consent of the buyer. In the future a home buyer who takes a developer or constructor to court is more likely to win the case if the finished product differs from the description on the original contract. If marble floors were promised in all the rooms, then they must be marble, and the distribution must coincide exactly with the plans shown on purchase.

Technical changes

At present developers are protected by a clause which allows them to change the layout of a property for technical reasons. The new law will oblige them to seek the buyer's consent before any modification is made. In future plans for new homes must also include information regarding the land on which the construction is to take place, detailing geotechnical, physical and environmental conditions and the planning category.

Failure to comply with the new regulations will also meet with stricter penalties. Fines will range between 6,000 and 150,000 euros and will be imposed per property rather than per offence committed. Therefore in the case of problems with a block of 90 flats, the developer could face 90 fines, rather than just one. The Junta de Andalucía also plans to oblige all local councils to reserve 30 per cent of land newly classed as for residential use for subsidised housing.

The future law

Aims: To establish quality requirements for all production and guidelines for quality definition.


Quality requirements: Greater structural safety and stability and improved access for people with reduced mobility.

Ways to improve quality in a development: Definition of geotechnical, physical and environmental conditions of the land and planning category before sale along with a detailed list of the quality of materials to be used.

Penalties: Fines range from 6,000 to 150,000 euros imposed per affected property.