Do I Need a Contract for Building Work in Spain? What Expats Need to Know

A verbal agreement with a builder in Spain is worth nothing

Not legally, not practically, and not when things go wrong. Yet the majority of expats who end up in disputes with builders on the Costa del Sol have one thing in common: they started work without a written contract. Sometimes because the builder said it wasn't necessary. Sometimes because everything seemed fine and they didn't want to seem difficult. Sometimes because they simply didn't know they needed one.

You need one. Every time, for every job above a few hundred euros. Here is what it should contain and why.

Is a written contract legally required in Spain?

For most residential building work, Spanish law does not require a formal written contract, but that is not the same as saying you don't need one. What the law does provide, under the Ley de Ordenación de la Edificación (LOE) and general contract law, is a framework of rights and obligations that apply whether or not anything was put in writing. The problem is that without a written record, proving what was agreed becomes your word against theirs, in a country where you may not speak the language fluently and where the courts move slowly.

For larger projects involving structural work, a registered architect or aparejador will typically produce formal documentation as part of their professional obligation. For smaller jobs, a bathroom renovation, a new terrace, a kitchen refit, nothing is automatic. You have to ask for it, and you have to make sure it covers the right things.

What a building contract in Spain should include

There is no single official template, but any contract worth signing should cover these points clearly:

• Full details of both parties - your name and address, the builder's full company name, registered address, and NIF (tax identification number). If they won't put their NIF on a contract, that tells you something.
• A detailed description of the work - not "bathroom renovation" but exactly what is being done, what materials are being used, what brands or specifications where relevant, and what is explicitly not included.
• The total price - stated clearly, with IVA either included or shown separately at the correct rate. Any ambiguity here will be exploited later.
• The payment schedule - deposit amount, milestone payments tied to specific stages of work, and the final payment on completion. Never agree to pay in full before the job is finished.
• Start date and completion date - with a clause stating what happens if the builder overruns significantly. This does not need to be punitive but it needs to exist.
• What happens if costs increase - any variation to the agreed price must be agreed in writing by both parties before the additional work proceeds. This clause alone will save you a great deal of grief.
• Insurance details - confirmation that the builder holds valid liability insurance (seguro de responsabilidad civil) with the policy number included.
• Dispute resolution - how disagreements will be handled. Many contracts reference mediation via the local consumer office (OMIC) before any legal action.

Does the contract need to be in Spanish?

No - a contract written in English is legally valid in Spain, provided both parties sign it. That said, if a dispute ends up in a Spanish court, you will need a certified translation. For anything above a modest sum, having the contract in both languages side by side is worth the small cost of a translator.

Do not rely on a builder's own bilingual template without reading it carefully. Have someone independent check it if you are not confident in the Spanish sections. What the English version says and what the Spanish version says are not always the same thing.

What about work done on a community property?

If your property is part of a comunidad de propietarios, a community of owners, which covers most apartments and many urbanisations on the Costa del Sol, certain types of work will require approval from the community before you can legally proceed, regardless of what any contract says.

Structural changes, alterations to shared elements such as facades or terraces, and anything that affects neighbouring properties all typically need community approval first. Starting work without it can result in being ordered to undo it at your own expense. There is a full guide to community of owners rules in The SpainTrades Guide.

WhatsApp counts - but it has limits

In Spain, WhatsApp conversations are admissible as evidence in legal proceedings. If your builder sends you a message confirming a price, a timeline, or a specific detail about the job, screenshot it and keep it. Courts have upheld WhatsApp exchanges as binding agreements.

That said, a WhatsApp thread is not a substitute for a proper contract. It is a patchwork of messages that requires interpretation. A contract is a single document that both parties have read and signed. Use WhatsApp to confirm details and keep a record, but start with a contract.

What if the builder refuses to sign a contract?

Walk away. This is not negotiable. A professional builder who does good work has no reason to avoid a written agreement. The only reason to resist putting things in writing is if they are planning to do something they would rather not have in writing.

Some builders will tell you contracts aren't done here, or that it's not the Spanish way, or that it will slow things down. None of that is true. Registered, professional builders working with expat clients on the Costa del Sol sign contracts regularly. It is entirely normal to ask.

Getting help with a contract

For smaller jobs you can draft a straightforward agreement yourself, the checklist above covers the essentials. For anything significant, a full renovation, an extension, or structural work, it is worth spending a few hundred euros on a Spanish lawyer or gestor to review or draft the contract before you sign. That cost is negligible against the potential cost of a dispute.

Your local Colegio de Abogados (bar association) can refer you to a local lawyer, and many offer a free initial consultation. Some expat communities on the Costa del Sol also have recommended legal contacts, worth asking around before you need one urgently.

Before you get to the contract stage

A contract protects you once a builder is hired. But the best protection is hiring the right builder in the first place. SpainTrades lists vetted tradespeople across Málaga and the Costa del Sol, registered, insured, and reviewed by expat clients after real jobs. Starting with someone you can already check up on makes the contract conversation a formality rather than a fight.

Find a tradesperson you can trust at www.spaintrades.es