Claim construction defects in Spain. Real Estate Litigation. Aesthetic damages. Structural deficiencies. Building work. Habitability problems. Expert legal advice.

Identifying defects or flaws in a new or recently purchased property is more common than one might initially think. If you need to claim construction defects or flaws in Spain, you will be facing a significant challenge. Defects can vary in severity and type, affecting both the aesthetics and the functionality and/or safety of the property. Common issues include:

Foundation Problems: Cracks or subsidence that compromise structural stability.

Roof Deficiencies: Leaks, drips, and issues with insulation.

Electrical or Plumbing Defects: Faulty installations that can impact safety and daily use.

Water and Damp Issues: Damage to walls, floors, or ceilings due to inadequate waterproofing.

Defective Insulation: Problems affecting energy efficiency and comfort in the property, etc.

It is crucial to address these defects promptly to avoid further damage and protect your investment.

Legal Framework and Warranty Periods for Construction Defects

Since the enactment of Law 38/1999 on the Regulation of Building (LOE), construction defects and flaws are governed by a specific framework that sets out different warranty periods according to the type of defect:

• Finish Issues: 1 year warranty.
• Habitability Deficiencies: 3 years warranty.
• Structural Defects: 10 years warranty.

These warranty periods start from the completion of the works and the receipt of the property.

Procedure to Claim Construction Defects in Spain.

• Defect Assessment: It is essential to carry out a detailed inspection to identify and document the defects present in the property. It is advisable to engage an expert to assess the extent and severity of the issues.
• Notification to the Builder: The builder or developer should be informed of the defects and requested to carry out the necessary repairs. This communication should be in writing to have a formal record of the claim.
• Expert Report: If an agreement cannot be reached with the promoter, it may be necessary to hire an expert to prepare a technical report on the defects and their extent and/or scope.
• Court Claim: If the builder does not adequately respond to the claim, you may initiate legal proceedings.

Responsibility of Different Construction Agents

The LOE requires the developer to have a policy of insurance, known as the ten-year insurance. The aim of this policy is to cover potential structural problems (10-year warranty period). If you have issues with your property or community, such as wall stability problems, cracks, dampness, etc., you can claim against various construction agents. Even if the developer or builder has disappeared and has no assets, you could claim against the architect, designer, project manager, technical architect, insurance company (ten-year insurance), etc.

At White-Baos Lawyers, we have extensive experience to claim construction defects against developers, builders, etc. If you need to pursue legal action for these reasons, do not hesitate to contact us.