Guía para reclamar defectos de la construcción

Defectos construccion


How to claim for defects in the construction of your property?

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In this post we explain how to determine whether the damage to your property come from building defects and, in that case, how to claim.

Whether you own as if property administrator, You must know how to proceed when it detects defects in the construction of your home or local. The Law 38/1999, of 5 November, of Construction Planning (READ) It offers certain guarantees. And we bring some tips, with which you can deal with these unpleasant surprises.

Construction defects when you first enter my home, place the ship

Ideally recording of all irregularities we find. Anything that moves away from the contract, It should be recorded. It is of great interest, before the inventory, Check with your neighbors, if any, to check whether the damage only affect you.

Prepared this inventory of damage, should refer to the developer or builder. We must ensure that the record of this notice. Hence, it is recommended:

  1. employ burofax, with content certification and acknowledgment. Note that Mail lets you send over the Internet. When the burofax only have one page, will apply a fee around 35,04 €.
  2. You can apply for notarial intervention, which will raise the cost of management, but can facilitate the most extreme cases.
  3. If delivered personally damage inventory (which we advise against), requires identification with ID, signature and date receiver.

It is highly recommended to include the opinion of any expert in your notice. This should be an architect, rigger or mechanical engineer. It may indicate detected faults, its origin, responsible for them and a draft resolution.

You can also perform this notice through his lawyer. This is most recommended, because it can advise you from the outset. Also, it is easy to take it more seriously than a particular, and you can go paving the way for eventual legal claims.

This notice is of great importance. Is not essential, but facilitate repair, both judicial and extrajudicial.

How do I raise the claim for defects in the building?

As we say, It agrees that the inventory of damage accompanies an expert opinion, that the scope thereof is determined, because of, and a proposed solution. So, When reporting damage, give option to the developer or builder for repair or paid repair.

So far the court option. If the developer or builder will not fix you notified irregularities, it's time to go to a professional. Your lawyer will study your case to draw an optimal procedural strategy, depending on the circumstances of the case.

must identify, if possible, responsible. This can be your expert help. Also, the action must be exercised before prescribing, when damage to the warranty period, as explained below.

It is important that if you do the repairs yourself, the document, so that it can subsequently provide evidence to the judicial seat.

What are finishing defects?

The art. 17.1.b) READ, defined as finishing defects:

<<damage or defects execution elements affecting termination or completion of the works>>.

Besides being relatively common, developers and builders often take care of them, when properly notified. Otherwise, The LOE establishes a warranty period of one year to the claim.

What are the habitability defects?

The art. 3.1.c) LOE habitability defects defined as those which do not ensure, according to the regulatory provisions:

  • hygiene, health and environmental protection.
  • Protection against noise.
  • Energy saving and thermal insulation.
  • Other construction functional or facilities that provide satisfactory use of the building aspects.

The basic quality requirements of new buildings and facilities are regulated in the Technical Building Code (CTE), approved by RD 314/2006. Also, it is contemplated that other regulatory authorities complement CTE requirements.

Ultimately, You are about defects are more problematic, because they are usually detected upon delivery of the property. Usually they appear as leaks, humidities, bad smells, In addition noises ..., often they worsen over time. Given the seriousness of these defects:

1.-It must also notify the architect and construction manager director execution aparejador. These professionals are responsible for safeguarding the housing of such defects, often derived from mala praxis or cost savings.

2.- They will be very costly to repair, so it is difficult to obtain extrajudicial satisfaction.

3.-The warranty period extends to three years.

What are the defects relating to the stability and structural safety of the building?

This is the most serious defects and, Fortunately, Less common. Defects relating to the stability and security of the building are damages that directly compromise its mechanical strength and stability, to affect:

  • Groundwork.
  • Load-bearing walls.
  • Other structural elements.

They are reported as habitability defects and analyzed. Its gravity will almost certainly have to rely on professionals to reclaim. You will need to have, at least, a lawyer and an expert, both specialists, because very rarely court settlement will be offered.

Thus, the warranty period in these cases extends to ten years.

Who do I claim construction defects?

This question depends on the circumstances. Civil liability attaches personally and individualized. But when you can not individualize the responsible, a system of joint and several liability is established. The developer always jointly and severally liable for property damage caused by construction flaws or defects.

Also, Article. 17 LOE establishes certain particularities concerning the responsibility of agents of the building.

How do guarantees work for construction defects?

During the period specified, the builder and promoter and, if, architect and construction manager director execution aparejador, shall be liable for damages to those who are responsible. Thus, it is important to notify such defects within the time listed building.

Since this notification, You have a limitation period two years to bring an action for judicial claim. You can interrupt this term by reliable notification that the problem persists or has worsened. And so began the article stressing the importance of this recommendation.

When does the warranty period computing?

It is essential to note that the guarantees do not begin to compute since the deed of sale is granted, but since reception minutes subscribe or tacitly understood produced.

After this period, you can not exercise this special action, which is extremely problematic. And that whenever we have bought the house after expiry of this period. Although the case seems unlikely, the truth is that it is quite common. This happens, for example, parks with real estate financial institutions, acquired bankrupt construction or missing.

But not all is lost, as we attend other actions, subject to their respective limitation periods. Therefore the assistance of a specialist lawyer is essential.

How to proceed when the construction defect harm public areas?

In these cases, the first notification can be made by the President of the Community or the Administrator. But to take legal action on behalf of the Community, an agreement of the Board of Propietarios.Tenga that it is the representative of the Community shall be.

How to proceed when the defect harm custodial building several neighboring areas?

This option is most unlikely, but possible. In any case, contact your neighbors if it detects errors building. Your lawyer may recommend them to initiate a joint complaint, case which could save management costs and ultimately honorarios.A, They should consider that will most likely make imperative the expert report.

How to proceed when the defect harm public areas and private areas?

When the defect is extensive building, it is likely to affect both public areas and private areas to several neighbors. As in the previous case, it is best to weigh your attorney can get the benefits of a collective complaint.

What if I live in a public housing?

In this case, a slightly different procedure is followed. This is regulated in the Regulations of Subsidized Housing, Decree 2114/1968. In these cases the Administration who will initiate disciplinary proceedings, own initiative or because of his denunciation. However, it is recommended that the report proceed as indicated above, and count, if possible, with the assistance of a professional.

Are there other possibilities to complain about construction defects?

Note that, besides this particular action, there are other ways to defend their rights. It is therefore important to trust a lawyer specializing in construction law and real estate law and civil law.

A fin de cuentas, This particular action, regulated by the LOE, is added to the general actions. Including, it may be requested contract termination or compensation (Arts. 1.101 and 1.124 CC), compensation (art. 1.591 CC), and even consumer protections (art. 149 LGDCU). A further deepening, TS supports the compatibility of these actions.

This detail is a shattering significance. As it said, the guarantee period established by the LOE begins to run from acceptance certificate is signed or tacitly understood produced.

However, every action is linked to the statute of limitations. So, Article. 1.964 CC gives us a period of 5 years since the signing of a contract to reclaim its breach, whereas if you make demands for hidden defects, the limitation period would be 6 months.


Ultimately, It is important when entering the home or premises acquired, a review of their status is conducted. If you detect damage, You must be notified to the sponsor and the builder, if new work, or the seller, in another case.

The ideal is to have the opinion of an expert, determined by the entity and origin of the damage, responsible and possible solutions. It is also advisable to call the specialist when they appear damage, even if new, to determine whether its origin is in a construction defect.

Localized damage, shall be notified to the responsible, ways to stop using reliable evidence of such communication. If this did not charge, It would have to go to court.

On that matter, a lawyer should draw the best litigation strategy, because we have several options to reclaim these cases. As a rule, agree to use the action that allows the LOE, it facilitates our satisfaction guarantee broad time frames set, Mandatory insurance and a system of joint and several liability.

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