How to claim building defects
If you have purchased property in Spain and discovered building defects, it is possible to claim such defects. The Spanish Law, “Ley 38/1999 de 5 de Noviembre, de Ordenación de la Edificación,” regulates these kinds of matters. The following are tips on how to claim building defects.
1. What to do when building defects appear:
It is advisable that you record the date that any defects appear by taking photos, claiming such defects before a public notary, or registering such defects in the community property book.
2. Who can claim?
Any owner can claim building defects, but in practice the chairman of the proprietary community is usually the one to do so.
3. Limitation periods for claiming
The limitation periods for claiming defects are the following: One year for finish defects, three years for uninhabitable defects and ten years for structure and foundation defects.
It is important to know that if building defects appear, it is obligatory to claim them before two years have passed.
4. How do I know who is responsible?
You can identify the promoter, building company, architect and construction clerk of your property by going to the urban planning department of your city hall.
5. How do I claim?
Claims must always be made in writing to the promoter and building company first to exhaust potential cordial remedies. Any lawyer can make the claim for you.
In the case that a cordial remedy fails, it will be necessary to go to court. Your lawyer will inform you of the costs required to initiate a legal action.
6. Will my action be successful?
The rate of favourable solutions for building defects is very high, although it is necessary to study each case separately.
In most cases, courts condemn all the parties that took part in the construction of your property (promoter, building company, architect,and construction clerk).
Buildings initiated after May 2000 have a full insurance policy to cover structure and foundation damages.
Architects and construction clerks also have comprehensive professional insurance policies.
The mentioned insurance policies serve as a solvency guaranty in the case a court sentence results.
Alvaro Porcar Agustí
Porcar Abogados
Miembro de Eurojuris España
Tags: Álvaro Porcar, claim buiding defects, Eurojuris España, lawyer spain, lawyers spain, Porcar Abogados, spanish lawyers
