Public petition n°4243

Petitioner: Alejandro Marx

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This petition calls for legislation requiring property developers to appoint and pay for an accredited independent expert to inspect and verify the progress of construction works at each stage of the project. Payment of each instalment by the buyer would only be authorised once the expert has confirmed that the corresponding stage of construction has been completed. This would establish a framework that better protects buyers purchasing off-plan properties (VEFA).

Under VEFA contracts, buyers are required to make staged payments before the construction of their property is completed. Since the crisis in the construction sector, this system has led to serious difficulties for many households. Families have taken on substantial debt to purchase a home, only to find themselves without the property they paid for following the bankruptcy, in some cases allegedly abusive bankruptcy, of developers who failed to complete the works. In some cases, instalments paid in advance were later found to be unlawful, with the irregularity already existing at the time the notarial deed was signed. In such situations, the completion guarantee does not cover these payments, as it is not designed to protect against fraud. Buyers are therefore required to pay the same instalments a second time. As a result, completing these housing projects often becomes financially impossible, as construction costs have increased significantly beyond the amounts originally envisaged in the contract. Buyers must persuade banks to grant them additional loans to complete the development while continuing to pay rent for alternative accommodation. Even when buyers ultimately receive a completed property, its quality may fall short of the standards promised in the contract. For many households, the uncertainty, financial strain and prolonged delays can also force them to postpone important life plans, including starting a family. New legislation would help restore confidence in off-plan property purchases (VEFA) and contribute to the recovery of the construction sector.