Your Consumer Rights for Home Services in Spain: What Expats Need to Know

Consumer Rights for Home Services in Spain

Spanish consumer protection law is strong — but only if you know your rights. Here's what every expat in Tenerife should know about warranties, complaints, and legal recourse for home services.

Warranty Periods

Under Spanish law (Ley de Ordenación de la Edificación):

Your Rights Before Work Begins

1. Right to a written quote (presupuesto) — must include:
   • Detailed description of work
   • Materials and brands to be used
   • Total price (including IVA/IGIC)
   • Estimated timeline
   • Payment terms
2. Right to compare — you're never obligated to accept the first quote
3. Right to a contract — for work over €500, insist on a written contract

Your Rights During Work

1. Right to supervise — you can inspect work at any time
2. Right to approve changes — any deviation from the agreed plan needs your written consent
3. Price protection — the final cost cannot exceed the quote by more than 10% without your approval
4. Right to stop work — if the tradesperson is not following the agreed plan

Your Rights After Work

1. Right to a receipt/invoice (factura) — essential for warranty claims
2. Right to warranty — as per the periods above
3. Right to complain — if work is defective
4. Right to compensation — for damages caused by poor workmanship

How to File a Complaint

Step 1: Complain directly to the tradesperson Put your complaint in writing (email or burofax) giving them a reasonable deadline to fix the issue.

Step 2: File with Oficina de Consumo If the tradesperson doesn't respond, file a complaint with your local consumer office:

• Tenerife Consumer Office: Calle Leoncio Rodriguez, Santa Cruz de Tenerife
• Phone: 012 (from within Canary Islands)
• You can also file online through the Gobierno de Canarias website

Step 3: Arbitration (Arbitraje de Consumo) Free mediation service provided by the government. Both parties must agree to participate.

Step 4: Legal action For claims under €2,000, you can use the juicio verbal (small claims court) without a lawyer. For larger amounts, you'll need a lawyer (abogado) and court representative (procurador).

Important: IGIC vs. IVA

In the Canary Islands, the tax on services is IGIC (Impuesto General Indirecto Canario) at 7%, NOT the mainland Spanish IVA (21%). If a tradesperson charges you IVA instead of IGIC, they may not be properly registered in the Canary Islands.

Tips to Protect Yourself

1. Always get a factura — not just a receipt (recibo)
2. Pay by bank transfer — creates a paper trail
3. Take photos before, during, and after work
4. Keep all documentation — quotes, contracts, invoices, communications
5. Use verified tradespeople — platforms like TruTrade verify registration and insurance