Throughout this year 2017,\u00a0 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.<\/p>\n
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.<\/p>\n
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.<\/strong><\/p>\n If we are homeowners and with the passage of time dome flaws have appeared in our home or in the Homeowners\u2019 Association we should know that we can claim them, but first we must analyze two issues:\u00a0<\/strong><\/p>\n 1. What type of damage or defect are we facing.<\/span><\/strong><\/p>\n This point is essential because the LOE establishes different deadlines to file a claim based on the damage that has occurred:<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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\u00a0 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.<\/p>\n 2. Against whom we can claim.<\/span><\/strong><\/p>\n According to the LOE, all the agents involved in the construction process are liable to respond for the damages<\/p>\n 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.<\/span><\/strong><\/p>\n Get in touch with Navarro Llima Abogados, and we will advise you on the best strategy to follow.<\/span><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" 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,…<\/p>\n","protected":false},"author":2,"featured_media":5750,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[477],"tags":[709,710,711,712,616],"class_list":["post-4533","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-builder-liability","tag-building-regulation","tag-construction","tag-construction-claims","tag-law-of-torts"],"yoast_head":"\n\n
\n