16 Nov If you purchased a property and have appeared flaws, you can claim them
Throughout this year 2017, the news of the rebound in the real estate market have been confirmed, which is expected to increase in the coming years overcoming the long crisis that the sector has suffered.
Therefore, with the new completions of new constructions new flaws, finish deficiencies and element construction defects will be produced again, which those affected have the right to claim.
In Spain, Law 38/1999 on Building Regulation (hereinafter LOE) establishes the rights of homeowners – regardless of who is the first or subsequent owner – and the responsibilities of the builders and other agents involved in the construction. the process.
If we are homeowners and with the passage of time dome flaws have appeared in our home or in the Homeowners’ Association we should know that we can claim them, but first we must analyze two issues:
1. What type of damage or defect are we facing.
This point is essential because the LOE establishes different deadlines to file a claim based on the damage that has occurred:
- The builder will be held liable for 1 year for damage arising from flaws or execution defects that affect the finish elements or finishes of the works.
- The builder will be held liable for 3 year for material damage arising from flaws t or defects of the constructive elements or of the installations that cause the breach of the habitability requirements.
- The builder will be held liable for 10 year for material damage arising flaws or defects that affect the foundation, the supports, the beams, the floors, the load-bearing walls or other structural elements, and that directly compromise the mechanical strength and stability of the building.
These are guarantee periods, that is, they are deadlines for the damage to be revealed, and once they have appeared there are another two years to file a legal claim.
Sometimes it is clear that the damage can be easily classified, but other times it will be necessary to resort to expert opinions, that is why good legal and technical advice is vital from the beginning.
The term from when they begin to count these terms is from the reception of the work by the developer, without reservations, or from the correction of these.
We can not omit to mention that the LOE establishes the obligation of the property developer to have damage or caution insurance, to guarantee for ten years – the maximum term that we have seen – the compensation of the material damage caused in the building, known in Spain as “seguro decenal de viviendas” or ten-year construction damage cover. The property developer, the owner or successive owners have the status of insured so we can exercise our right of access to the policy, for example and in the event of a loss, being able to request compensation from the insurer.
2. Against whom we can claim.
According to the LOE, all the agents involved in the construction process are liable to respond for the damages
- The project executor will do it from an incorrect project design, inaccuracies or inexactitudes. If there are more than two, they will held joint and several liability.
- The builder is responsible for the work manager and all the professionals who depend on him. It is the agent that has a broader responsibility.
- The work and execution manager, of work of the final certificates, and veracity and accuracy of the same.
- It will be necessary to analyze case by case in front of whom the claims are interposed, being able to include all the agents or individualize them from the beginning. That is why it is important to know that the promoter is jointly and severally liable with the rest of the agents in case the responsibility cannot be identified.
Therefore, do not let time go by, if you have any problem related to a new home there are more than enough mechanisms so that it does not cause economic damage.
Get in touch with Navarro Llima Abogados, and we will advise you on the best strategy to follow.