What to do if a defect appears before handing over the property

What to do as soon as you spot the defect

If a defect appears before handing over the property, the first step is not to decide whether it “is hardly noticeable” or “might go unnoticed”. The right approach is to act methodically and make a record of it. In a sale and purchase, your best defence is transparency: document it, communicate it and agree a sensible way forward before the keys are handed over.

The logic is straightforward. If the damage affects a private element, it is best to identify it clearly so that buyer and seller know exactly what is being handed over and in what condition. If it affects a communal element, the intervention may depend on the owners’ association or the building administrator, because the home is not isolated from the building. The Horizontal Property Act reminds each owner that they must keep their flat or premises in good condition and respect the general installations and communal areas, avoiding damage or defects.

Follow these steps:

1. Take photographs and videos of the defect from several angles.

2. Note the date and the moment you detected it.

3. If you already have quotations or repairs underway, keep invoices, messages and emails.

4. Distinguish whether the damage is to the flat or to a communal element of the building.

5. Notify the buyer as soon as possible and, where appropriate, the administrator or chair of the community.

How to tell the buyer without creating distrust

The communication should be direct, brief and verifiable. There is no need to dramatise or play it down. What helps is explaining what has happened, how far it extends and what you propose to do. If the repair has not yet been carried out, clearly state whether you will cover it before handover, whether you prefer to agree it with the buyer, or whether both parties agree another solution.

This is especially important because, under the Horizontal Property Act, the owner must allow repairs required for the use of the property and facilitate access when necessary to carry them out. In addition, among the administrator’s duties is attending to the upkeep and maintenance of the property, arranging urgent repairs and reporting back to the chair or the owners.

If the defect affects a communal element — for example, a downpipe, roof, façade or general installation — do not assume you must sort it out on your own. The prudent step is to notify the administrator so they can assess the appropriate action and ensure there is a record within the community.

What is worth agreeing in writing before handover

When the defect does not prevent the sale, the most practical option is usually to reach a clear written agreement. You can do this in an annex, in an email accepted by both parties or in a specific clause in the sale and purchase document, always with as much precision as possible.

What matters is that the following is defined:

1. What defect has been identified.

2. Who will cover the repair.

3. Within what timeframe it will be completed.

4. Whether the repair will be done before or after handover.

5. What happens if the final cost or extent changes.

At this point it is best to avoid vague agreements such as “we’ll sort it out later” or “we’ll see at the signing”. Those messages solve nothing if there are later disputes about the final condition of the property.

If you prefer to compensate the buyer with a reduction or with a temporary retention until the repair is completed, set out the mechanism clearly in writing. The key is that the solution is objective and traceable, not verbal or improvised.

Common mistakes worth avoiding

There are three mistakes that often make handover much more complicated:

- **Hiding the defect** in the hope it will not be discovered.

- **Rushing the repair without documentary proof**, so you cannot later show what was done.

- **Leaving the solution until the day of signing**, when logistical pressure is already high and there is less room to negotiate.

It is also a mistake to confuse a problem in the property with one involving the community. The Horizontal Property Act states that owners must contribute to general expenses and that, when homes or premises are transferred, the transferor must declare whether they are up to date with payments and provide a certificate regarding the state of debts with the community. That point may be relevant at handover, because the transaction should not move forward leaving documentary loose ends unreviewed.

Another common mistake is not coordinating the handover of meters, keys, remotes and access items if the fault has affected habitability or a communal area. Anything that is not inventoried ends up creating unnecessary arguments.

When to ask for help to close the handover

If the defect is minor, it may be resolved with a simple agreement. But if there is disagreement about the cause, the cost or the urgency, it is wise to rely on a professional assessment and make a record before signing. At UBICASA you can request initial guidance at /valoracion-vivienda-madrid if you need a reference point on the general condition of the property, or contact us directly at /contacto if the case requires a more detailed review of the handover.

The online valuation is indicative, not an official valuation, and provides a range with a PDF report; if you wish, you can request an optional visit. That does not replace individual technical judgement when the defect may affect the completion of the sale and purchase.

Practical summary

If a defect appears before handing over the property, do this:

1. Document the damage with photos, video and date.

2. Clarify whether it affects the flat or a communal element.

3. Inform the buyer as soon as possible.

4. Consult the administrator if the community is involved.

5. Agree in writing who repairs it, when and how.

6. Do not hide the problem or leave it until the end.

The best handover is one that arrives with the information in order and no surprises. When you act transparently, you reduce the risk of conflict and make for a cleaner sale and purchase.