# Marbella Pre-Purchase Building Survey: Arquitecto Técnico, ITE, ROC — When to Commission Each

Spain does not have a UK-style RICS HomeBuyer Survey. There is no single bundled "house survey" you order off the shelf; instead, the inspection layer is fragmented across four distinct technical professionals and three statutory certificates, each with a different scope, fee, and timing. UK and Irish buyers in particular routinely assume their lawyer will commission "the survey" — the lawyer will not, because no such bundled product exists. The buyer must mobilise the technical inspection layer separately, and skipping it is the most expensive omission in the Marbella resale playbook.

## Direct answer

For a non-resident buying a Marbella resale in 2026 the practical pre-purchase technical inspection stack is: **arquitecto técnico structural and habitability survey** (€600-€2,000, the closest equivalent to a UK HomeBuyer Survey, commissioned by the buyer in the arras-to-notary window), **ITE (Inspección Técnica de Edificios)** mandatory for buildings 50+ years old under Andalucía Ley 7/2002 and required to renew every 10 years (€300-€800, usually completed by the seller), **ROC (Real Decreto 178/2021) energy performance certificate** mandatory for any sale (€150-€500, seller's responsibility), and for off-plan or new-build the **seguro decenal** (10-year structural insurance) certificate from the developer's underwriter under Ley 38/1999. Each addresses a different risk: arquitecto técnico = hidden structural defects, ITE = age-driven structural decay, ROC = energy performance compliance, seguro decenal = developer recourse on new construction. The buyer pays for the arquitecto técnico; the seller is statutorily responsible for ITE (when applicable) and ROC. **Skipping the arquitecto técnico is the single largest preventable post-completion cost in Marbella resale.**

## The four-tier inspection stack

| Inspection | Authority | Scope | Cost | Who pays | Timing |
|---|---|---|---|---|---|
| Arquitecto técnico (structural & habitability) | Colegio Oficial de Aparejadores y Arquitectos Técnicos | Structural integrity, hidden defects, surface verification, services | €600-€2,000 | Buyer | Arras-to-notary window |
| ITE — Inspección Técnica de Edificios | Ayuntamiento (per Andalucía Ley 7/2002) | Mandatory for 50+ year buildings; structural and safety | €300-€800 | Seller (statutory) | Recurring every 10 years |
| ROC — Certificado de Eficiencia Energética | Ministerio para la Transición Ecológica via Real Decreto 390/2021 | Energy performance rating A-G, mandatory for sale | €150-€500 | Seller (statutory) | Pre-listing; valid 10 years |
| Cédula de habitabilidad | Junta de Andalucía / Ayuntamiento | Confirms habitability for utility connection and rental | €60-€200 | Seller / buyer if expired | Pre-utility-transfer |
| Seguro decenal (new-build only) | Developer's insurance under LOE | 10-year structural defect coverage | Already paid by developer | N/A | Issued at occupancy licence |

The arquitecto técnico is the most important and least-commissioned. ITE and ROC are typically already in place if the seller is competent, but verification is mandatory.

## The four-tier deep dive

### Arquitecto técnico — the buyer's defensive inspection

The Spanish equivalent of a UK building surveyor or US home inspector. Arquitectos técnicos (also called aparejadores) are licensed building professionals registered with the Colegio Oficial de Aparejadores. Their pre-purchase inspection covers: structural elements (foundations, load-bearing walls, columns, slabs), envelope (roof, walls, waterproofing, thermal bridges), services (electrical, plumbing, HVAC, drainage, swimming pool plant), built area verification (against deed and Catastro — see our [cadastral verification guide](/article-marbella-cadastral-verification-en)), and a written report with risk-rated findings.

Sweet spot: any Marbella resale, mandatory above €1M. Cost: €600 for an apartment under 200m²; €1,000-€1,500 for a typical villa 300-600m²; €1,500-€2,000+ for large estates or complex multi-building plots. Timeline: 5-10 working days from instruction to written report.

What it CANNOT find: hidden defects behind walls without invasive testing (some arquitectos offer thermal-imaging upgrade for €200-€400; worth it on suspect properties), illegal works that have been "tidied" cosmetically. The visible-and-accessible scope is the legal limit.

### ITE — Inspección Técnica de Edificios (50+ year mandatory)

Under Andalucía Ley 7/2002 de Ordenación Urbanística (LOUA), buildings reaching 50 years of age must undergo an ITE — a periodic structural and safety inspection — and renew every 10 years thereafter. The ITE is filed with the Ayuntamiento de Marbella and recorded against the property.

Practical impact in Marbella: most resale stock is post-1980, so ITE applies primarily to the older Casco Antiguo properties, some pre-1976 villa stock in El Rodeo, La Carolina, and the older Las Brisas plots. For affected properties, request the ITE certificate from the seller before signing arras. If absent or expired, the seller must commission and remedy any failures BEFORE completion, or you accept the remediation cost.

Cost to seller: €300-€800 for the inspection itself; remediation cost (if defects found) can range €0 to €100,000+ depending on severity. Buyer's exposure: zero if you catch the missing ITE in due diligence, full remediation if you don't.

### ROC / CEE — Certificado de Eficiencia Energética (mandatory for sale)

Under Real Decreto 390/2021 (replacing RD 235/2013), every property sold in Spain must carry a current Certificado de Eficiencia Energética (CEE) — an energy performance rating from A (best) to G (worst) — issued by a qualified energy assessor. Validity: 10 years. Penalty for sale without CEE: €300-€600 fine on the seller; the sale itself can proceed but the seller carries the regulatory exposure.

In Marbella practice the CEE is delivered by the seller and attached to the listing. Verify it exists, is current, and corresponds to the actual property (not a generic estate-wide certificate). The rating itself is informational — most older Marbella villas score E-G; this affects rental marketability under tightening EU rental energy rules but is rarely a deal-breaker.

### Cédula de habitabilidad and licencia de primera ocupación

The cédula de habitabilidad confirms the property is fit for residential use and is required to connect or transfer utility supplies. New-build properties receive a licencia de primera ocupación at completion (functionally equivalent). Older properties may have lapsed cédulas; re-certification costs €60-€200 and takes 4-8 weeks.

Verify the cédula exists, is current, and matches the actual built area. A villa with a cédula for 400m² but actual built area of 600m² has unlicensed extensions — see our [property due diligence checklist](/article-marbella-property-due-diligence-checklist-en) point 7 (urbanismo) for the regularisation pathway.

## Where buyers commonly trip up

**Assuming the lawyer commissions the survey.** They do not. Spanish lawyers run legal due diligence (title, debts, urbanismo, contracts) but do not commission technical inspections. The buyer must instruct the arquitecto técnico independently.

**Skipping the arquitecto técnico because "the property looks fine".** Visible cosmetics and structural integrity are loosely correlated in Marbella. Villas built in the late-1990s construction wave used variable-quality reinforced concrete; ground subsidence is common in plots above old water courses; pool structures crack along the deck-to-coping joint. The €1,500 inspection finds these; the visual walkthrough does not.

**Trusting the seller's old technical reports.** Anything older than 12 months should be re-commissioned. Owners often produce a 3-year-old structural report that flagged minor issues "to be addressed" — and were not. The arquitecto's responsibility runs only to current-condition findings.

**Ignoring the swimming-pool plant.** Pool plant rooms are the most expensive failure point in Marbella resale: failed filtration plant + corroded plumbing + failed heating elements typically runs €15,000-€40,000 to remediate. Ask the arquitecto specifically to inspect pool plant.

**Forgetting the seguro decenal on new-build resales.** If you buy a 6-year-old new-build, the original developer's seguro decenal still has 4 years to run on structural defects under LOE Art 17. The seller must transfer the seguro decenal certificate to you at completion. Without it, the warranty is unenforceable.

**Skipping the basement / sótano inspection.** Marbella's water table is high in coastal zones; basement waterproofing failures are common. Insist the arquitecto runs moisture meters in basements and sub-grade rooms.

## When to call Muse

The day arras is signed (not the day before notary). The arquitecto técnico typically needs 5-10 working days to inspect and produce the report; build this into the arras-to-notary window with explicit cláusula resolutoria allowing withdrawal if material defects are found.

## FAQ

**Is the arquitecto técnico's report legally binding on the seller?**
No — the report is the buyer's diligence document. It does not create legal obligations on the seller. However, it can be used as evidence in negotiation (price reduction, repairs pre-completion) and as evidence in subsequent litigation if material undisclosed defects are later confirmed. See our [property survey types guide](/article-marbella-property-survey-types-en) for the broader inspection product menu.

**What if the seller refuses to allow the arquitecto técnico inspection?**
Refusal is a red flag. The arras contract should explicitly grant inspection access as a condition of completion; a seller blocking access is signalling concealment. Walk away or insist on completion withholding pending inspection.

**Can I sue for hidden defects discovered after completion?**
Possibly — under Civil Code Art 1484-1499 (saneamiento por vicios ocultos), the seller is liable for hidden defects that pre-existed the sale and that the buyer could not have detected through normal inspection. The action expires 6 months after completion (very short). Independently, structural defects fall under LOE Art 17's 10-year warranty against the original builder. Both pathways are slow and expensive; prevention via arquitecto técnico is dramatically cheaper.

**Do I need an arquitecto técnico for a brand-new off-plan property?**
Yes — for the snagging report at handover. The 1-year LOE Art 17 cosmetic warranty runs from delivery; documenting all snagging items in writing within the first 30-60 days of occupancy preserves the warranty. Browse listings in our [property database](/properties) to start the file.

**How do I find a qualified arquitecto técnico in Marbella?**
Search the Colegio Oficial de Aparejadores y Arquitectos Técnicos de Málaga (coaatma.es) for registered professionals. Verify professional liability insurance, request references, ask for a sample report from a similar-tier property. Two preferred providers covered in the [Marbella property buying complete guide](/marbella-property-buying-complete-guide-2026).

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**Commissioning a pre-purchase technical inspection on a Marbella deal?** Muse Marbella coordinates the arquitecto técnico introduction, ITE/ROC verification, and arras-window inspection scheduling so the report lands before notary. Founder Max Bykov reviews every brief personally. Read the broader inspection product menu in our [property survey types guide](/article-marbella-property-survey-types-en).