Finding the one

New build or resale, honestly compared

Two different buying routes, set side by side with their contracts, timing, protections and trade-offs.

7 min readLast reviewed August 2026

A couple relaxing on the terrace of a modern Costa del Sol home

Compare the whole route, not the brochure finish

Resale

A home you can inspect now, bought through an arras contract after independent checks.

  • Tax: regional ITP, 7% on the Costa del Sol
  • Timing: commonly 30–90 days from arras to notary
  • Condition: inspect what exists and commission a survey when the home calls for one
  • Negotiation: an individual seller may move, but the home and market decide

New build or off-plan

A developer contract with staged payments, completion at the occupation licence and statutory protection.

  • Tax: 10% IVA plus regional AJD
  • Timing: off-plan delivery can sit 1–3 years ahead
  • Condition: snag before completion and keep the warranty trail
  • Negotiation: list pricing is common, with incentives varying by release

The off-plan payment trail

Every payment should remain attached to its own protection until the home can lawfully complete.

  1. Approve the developer contract

    Your lawyer checks the land, planning, delivery promise, specifications and cancellation terms before the staged schedule begins.

    Before the first substantial payment

  2. Match each payment to a guarantee

    Keep an individual bank guarantee or insurance certificate for every amount paid under Ley 38/1999 as amended by Ley 20/2015.

    At every payment stage

  3. Inspect and snag

    Record finishes and defects before completion while the developer can address them against the agreed specification.

    Before the notary

  4. Complete at the LPO

    The licence of first occupation is the completion threshold that supports lawful occupation and utilities.

    At lawful handover

The handover term that matters

LPO

The licence of first occupation, central to lawful occupation, utilities and many letting checks.

Questions to settle before choosing the route

Should I buy a new build or a resale, and which is cheaper?

A resale pays regional ITP, while a standard new build pays 10% IVA plus the costa's AJD rate. Resale can complete sooner and may offer more room to negotiate; off-plan gives staged delivery and statutory guarantees. Compare the full route, not the brochure price alone.

What happens to my money if an off-plan developer fails?

Every stage payment should have its own bank guarantee or insurance under Ley 38/1999 as amended by Ley 20/2015. If the agreed delivery fails, that protection is designed to return the secured amount with interest. Never accept a promise that the guarantee will appear later.

Do I need a survey like I would at home?

Spain does not make the familiar northern-European survey a standard part of every resale. That does not make one unnecessary. For an older, altered or hillside home, an independent building survey can answer questions the legal file cannot.

When you are ready

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Use this guide to know what to ask and what to expect. Your own lawyer will confirm the details for your home, and we can introduce you to one we trust.