What should you do if you've found construction defects in the house you've purchased?
If you’ve bought a new home and it has deficiencies, it’s important to know that Spanish legislation offers many guarantees. Depending on the type of deficiency, you have different deadlines to claim:
- For deficiencies affecting habitability, energy efficiency, or conditioning (including heating), you have one year to claim.
- For deficiencies affecting structures such as floor slabs, the deadline is ten years.
It is mandatory for every builder or developer to take out a ten-year insurance policy when starting the construction of a new building or house, which guarantees coverage for these possible deficiencies.
And in the case of purchasing a second-hand house, the Civil Code establishes a warranty for hidden defects, known as the warranty of soundness, which must be exercised within six months. Additionally, according to consumer law, depending on the defect, a claim can also be made.
How should you proceed in these situations?
Regardless of the dealings you’ve had with the builder or architect, it’s advisable to consult a lawyer.
Generally, an expert report will be prepared, and with this, a claim will be initiated. In this claim, not only the repair of the damage or the rectification of the deficiencies will be requested, but also lost profits. This means that compensation will also be sought for all damages and losses incurred, such as having to vacate the property for repairs or renting a new temporary residence. In short, compensation will be sought for any harm or damage caused to you.
Answered by: D. Manuel Montis
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