Who actually protects the client when building abroad?

Most people assume that when they build or renovate a property abroad, someone is responsible for protecting their interests.

It’s a reasonable assumption — and usually a wrong one.

Across many overseas property projects, problems don’t arise because the work is poor.
They arise because no single professional is tasked with protecting the client’s overall position.

Understanding why requires a small shift in perspective.

How people assume it works

Many overseas buyers and owners assume that:

the architect will flag risks that affect them
the contractor will highlight issues before they escalate
someone will step in if assumptions are wrong
the system itself offers protection

In reality, overseas building systems are rarely set up this way.

This is particularly true where buyers assume proposed works are minor, only to discover later that they trigger wider obligations - something we explore in more detail in why "minor works" abroad often aren't minor → Article 2

How it actually works in practice

In most countries, responsibility is deliberately fragmented.

Each role has a defined remit:

Designers are responsible for technical and regulatory compliance
Contractors are responsible for delivering what is agreed
Authorities are responsible for enforcing the rules

What’s missing is a role responsible for asking:

Is this the right scope for the client?
Are assumptions being made too early?
Does the client actually understand what they are committing to?

Those questions often sit outside any formal appointment.

This becomes particularly problematic when buyers assume that proposed works are “minor”. What feels small or obvious at an early stage can quietly trigger additional permissions, professional appointments or regulatory obligations once the project is examined properly — a pattern explored in more detail in Why “minor works” abroad often aren’t minor.

Why this catches overseas clients out

When you build in your home country, you carry a lot of unspoken knowledge:

how planning typically works
which works are genuinely “minor”
where professionals usually step in
what can be relied upon informally

When you build abroad, those assumptions don’t translate.

The rules may differ.
The terminology may differ.
The professional boundaries almost certainly differ.

But the bigger issue is structural:

no one is paid to challenge the client’s assumptions unless the client asks for it.

Many overseas buyers assume this kind of challenge is built into the system, when in reality it depends entirely on how professionals are appointed and where their responsibilities end. This is why understanding what independent advice actually means (and what it doesn’t) is so important before decisions are made.

Does this vary by country?

Yes — the details vary significantly.

Planning thresholds, professional titles, liability structures and approval routes differ from Spain to France to Italy to Portugal.

But the underlying gap is consistent.

Across most systems:

professionals protect their defined role
compliance is prioritised over advocacy
the client is expected to manage their own risk

That expectation is rarely made explicit.

Where problems typically appear

Issues usually surface:

after a purchase is completed
once design work is underway
when costs are already committed
when changing direction becomes expensive

At that point, no one has done anything “wrong”.
The problem is that the wrong questions were never asked early enough.

What clarity actually looks like

Clarity doesn’t mean removing all risk.

It means understanding:

which rules apply
which decisions are irreversible
where responsibility genuinely sits
when it’s sensible to proceed — and when it isn’t

That clarity has to be created deliberately.
It doesn’t appear by default.

Where Habitar fits

Habitar exists to sit outside the delivery system.

We are not designers, contractors or statutory authorities.
We don’t manage construction or approvals.

Our role is to help overseas buyers and owners understand how the system works in practice — and where risk sits before decisions become difficult to reverse.

Sometimes that leads to moving forward with confidence.
Sometimes it leads to pausing.

Both are successful outcomes.

It is important to understand when renovating or building abroad what independent advice actually means → Article 5

Get clarity before you commit

Independent project clarity review → More Info & Book