The Law 57/1968, Art 4 clearly states that :
Expedida la Cédula de Habitabilidad por la Delegación Provincial del Ministerio de la Vivienda y acreditada por el promotor la entrega de la vivienda al comprador,…..
As I have posted before lawyers advise the following:
A standard contract should include the following:
· The obligation of the developer to refund any all payments paid in advance, plus 6% annual interest, in case the developer does not commence the works of the proposede property on schedule as per the contract signed with the consumer, does not complete the construction of the proposed property on time, or the licence allowing occupation of the property is not granted.
· Reference to the type of guarantee and indication of the guarantor (bank or insurance company).
· Reference to the bank where advanced payments are to be paid in, and account number.
· On signing of the contract (coincident with payment of funds), the developer will be obliged to hand over the relevant guarantee documentation: insurance policy or bank guarantee.
Hope the above helps.