From Crisis to Keys: How One British Couple Safely Bought Off-Plan in Spain

Remember 2008?

For many British expats, “buying off-plan in Spain” became a four-letter word. Thousands lost their life savings when dreams of a sunny Spanish home evaporated with bankrupt developers and stalled projects. It was a nightmare that made everyone wary of buying something that didn’t exist yet.

But fast forward to today, and things have changed dramatically. Much of this transformation is thanks to pioneering law firms like Costaluz Lawyers, who fought tirelessly to hold developers and banks accountable under a little-known law called Law 57/1968. Their groundbreaking work created new legal precedents that now offer solid protection for off-plan buyers, whether it’s for a holiday bolthole or a permanent move.

However, it’s still not a DIY job. Navigating the process safely requires expert guidance, as Surrey retirees David and Claire Henderson discovered when they started their search for a Spanish escape in early 2023.

The Dream, The Doubts & The Deal-Breakers

David and Claire fell head over heels for a new development in Málaga, boasting sea views and an attractive price. But having lived through the 2008 crash, they were cautious. The developer’s glossy brochures were tempting, but the contract’s small print set off alarm bells.

Their initial contract, for example, linked their €90,000 in deposit payments to arbitrary dates, not actual construction progress. There were no clear penalties for delays, and the crucial bank guarantee was vaguely worded. Their retirement plans could have been at serious risk.

That’s when they wisely contacted Costaluz Lawyers, widely regarded as the go-to firm for off-plan property law in Spain.

Expert Legal Intervention: Your Buyer’s Best Friend

Founded in 2006 by María Luisa De Castro, Costaluz Lawyers made history by being the first to sue Spanish banks for failing to protect buyer deposits. They’ve since recovered millions for clients and, more importantly, paved the way for the robust protections available today.

For David and Claire, Costaluz’s complete independence was key. Unlike many advisors in Spain who might have ties to developers or agents, Costaluz works solely in the buyer’s interest – and that makes all the difference when your life savings are on the line.

Here’s how they made it safe:

• Contract Overhaul: The legal team completely rewrote the payment schedule, linking their deposits to clear construction milestones (groundwork, structure, roofing, interiors, and final delivery) instead of arbitrary dates.
• Bank Guarantee Secured: They ensured a verified, iron-clad guarantee with a major Spanish bank, meaning if the developer defaulted, every euro of David and Claire’s deposit was safe.
• Independent Oversight: Costaluz arranged quarterly site inspections with an external architect. No payment was authorised until each construction phase was properly certified.

A Textbook Success Story

• May 2023: Amended contract signed – all legal safeguards in place.
• July 2023: Groundworks completed; first payment authorised.
• November 2023: Structure certified; second payment made.
• March 2024: Roofing and facade completed.
• October 2024: Interiors and communal areas approved.
• March 2025: Keys handed over – on time, and just as promised.

The Costaluz Difference

“The success of this purchase wasn’t just good luck,” explains María Luisa De Castro. “It was strategic legal planning, constant oversight, and an unwavering commitment to protecting our client – not the developer.”

David and Claire bypassed all the classic off-plan headaches: no payment surprises, no delays, and no legal loopholes. Their new beachfront apartment is now their perfect home away from home, a solid investment, and even generating rental income when they’re back in the UK.

The Takeaway for British Expats

Buying off-plan in Spain today is significantly safer than in 2008 – but only if you’re represented by an expert who is completely independent of the seller or agent. Too many buyers still mistakenly accept legal advice from those with a conflict of interest.

With almost two decades of experience, Costaluz Lawyers remains the gold standard. They’ve handled more off-plan disputes, contract revisions, and deposit recoveries than any other independent law firm in Spain.

In David and Claire’s Words:

“We wouldn’t have done this without Costaluz,” says Claire. “Every step of the way, we felt supported and informed. It turned what could’ve been a stressful gamble into one of the best decisions we’ve made.”

Thinking of buying off-plan in Spain?

Take David and Claire’s advice: do it right, do it safely – and make sure Costaluz Lawyers is on your side.

María L. De Castro
General Director
    
web@costaluzlawyers.es
costaluzlawyers.es

Tel.   + 34 956 092 687
Fax   + 34 956 773 741

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