We have serious problems with our new house that we bought directly from the developer only three years ago. We had to move to a rented property because it is very dangerous to continue living there. Besides claiming for the defective works, Can we also claim for the rent we are paying against those who are responsible of the problems?

Dear reader,

Firstly thank you for your Email.

We understand that your house is a new built and the construction license must have been requested after 6 May 2000 so the applicable law in this case would be the Construction Planning Law (Ley de Ordenación de la Edificación) also known in Spain as L.O.E.

The LOE in its article No. 17.1 states the responsibilities of all the agents involved in the construction process (developer, project architect, technical architect etc) for defective building works and do not foreseen any other damages i.e.: relocating expenses or emergency accommodations.

Anyway, we understand that if you are not able to live in your house due to the construction defects it would be possible for you to claim for the rent you are paying as per the application of the Spanish Civil Code and for the Court Precedents granted regarding the interpretation of its article No. 1591. Deadlines to claim must be considered.

In this respect, we must point out that the Supreme Court issued a Court Order condemning those responsible for the collapse of the façade of a building to compensate for various items among which was the expense of the accommodations of the neighbours who were affected.

Thus, we understand that despite what is set out by the LOE it can be claimed not only for the damages caused to your property, but also for the expenses and fees of the architects that you will need to hire to determine the responsibility and the cause of the problems, moral compensation, etc.

The information provided on this article is not intended to be legal advice, but merely conveys general information related to legal issues.

White & Baos
Tel: 966 426 185
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