Structural
Guarantee 10 yearsCracks and hairline cracks affecting the structural safety of the building.
More information about structural damage
01 ·
Construction damage
Types of Defects
Construction defects fall into three main groups:
Habitability
Guarantee 3 yearsDamp, bad smells, noise, problems with garage spaces and other damage that affects the accessibility or functionality of the homes.
- Damp
- Water ingress
- Cracks
- Garage spaces
- Sound insulation
- Thermal insulation
- Air infiltration
- Bad odours
- Installations
- Swimming pools
Finishes
Guarantee 1 yearMaterial damage to the finishing elements of a newly delivered building.
More information about finishes02 ·
Time limits
Hidden defects or construction damage?
Although the two terms are often used interchangeably in everyday speech, they are not the same in legal terms, and it is important to know how to tell them apart:
Hidden defects
Hidden defects are defects that are not apparent when a second-hand home is bought. They must frustrate the buyer’s expectations: had the buyer known about them, they would not have bought the property. They should be verified by a report prepared by an expert architect. The time limit for claiming is very short, 6 months under the Civil Code, and it cannot be interrupted. The claim can be made only against the seller.
Construction damage or defects
Construction damage or defects are damage found in a newly built home, for which the Spanish Building Act (LOE) sets legal guarantee periods of 1, 3 and 10 years, depending on the type of damage. A construction lawyer can advise you on the time limits. Claims can be made not only against the seller but against all those involved in the construction: the developer, the builder, the quantity surveyor and the architect.
- Hidden defects6 months
- Finishes1 year
- Habitability3 years
- Structural damage10 years
A construction lawyer can advise you on the time limits.
Contact us
03 ·
Technical department
Construction Experts
An expert architect specialising in construction damage (most members of our technical department are also judicial experts) will prepare an expert report on the construction defects in your home or homeowners’ association.
After visiting the building and carrying out the relevant tests, this construction expert will study the documentation and background information and produce a technical report. The report contains a survey of the damage, with each construction defect listed, photographed and located; a study of its origin and cause; a proposed repair, with measurements and a cost assessment; and conclusions. All of this is so that the report can be ratified and defended in the courts anywhere in Spain, backed by our experts’ experience in building pathologies.
04 ·
Legal department
Construction Lawyers
A lawyer specialising in construction law will use this expert report to prepare a very thorough claim for construction defects, seeking compensation for construction damage or hidden defects. The claim is based on the applicable legislation and case law (the Spanish Building Act, LOE, and the Civil Code) and requires those responsible for the defects to carry out repairs or pay compensation. Our lawyers, who specialise in claims against builders and developers, will then defend and safeguard your interests during the construction trial and throughout the proceedings, until the judgment most favourable to your interests is obtained, and will also assist you on appeal and in enforcement.
05 ·
Court claims
How to claim for construction defects
Contact → feasibility study of the case
The client (the owner of a detached house, a neighbour, or the president or administrator of a homeowners’ association) contacts us, and we ask for the information needed to study first whether the case is viable (free of charge).
Quote, acceptance and preparation of the expert report
If the case is legally viable, we will send a quote for the preparation of an expert report, and the technician will travel to visit the property and prepare it.
Formal demands and court claims
Once the report is finished and the types of damage, their cause, their economic valuation and the responsibility for them are known, the legal department will prepare a formal demand and/or a court claim against those responsible for the construction. Before any out-of-court demand or claim, we will provide an estimate and an engagement letter from the legal department, so that the client knows exactly what the costs of the proceedings may be.
06 ·
Homeowners’ associations
What should I do if other homes are affected?
If your home is in a homeowners’ association, the construction damage is likely to be widespread: if the building was poorly designed or poorly built, it is normal for the damage (cracks or leaks) to be repeated across the development and its homes.
In this case, it is best to commission an expert report with a survey of the damage across the whole building, so that a “class action” can be brought if necessary, claiming for all the damage in both private and communal areas. This is in your best interests and will also be cheaper for you, both for the expert report and for the legal claim.
Property administrators07 ·
Spanish Building Act
On what legal basis can I claim for a construction defect?
As the owner of a property, you are protected by two sets of rules when claiming for construction defects:
*The Spanish Building Act (LOE). It applies to all buildings for which a building permit was applied for after May 2000 (before that date, the Civil Code applied, with its former article 1591 and a general 10-year term).
The LOE sets different guarantee periods in its article 17 (the damage must appear within them): ten years (structural damage), three years (habitability defects) and one year (finishing defects). Once the damage has appeared within the period and has been documented by an expert report and/or a formal demand, there are 2 years to bring the action. The action can be brought against the builder, the architect or the quantity surveyor (depending on who is liable for the damage), and always against the developer, who is jointly and severally liable.
*There is also the action under Article 1101 of the Civil Code. It is usually directed against the developer because the developer is not just another party involved in the construction: it has contractual liability as the seller of the homes and is therefore obliged to deliver them free of construction defects. This action can be brought against the developer-seller; in the case of self-builders, it can also be brought against the people they hired (architect, quantity surveyor, builder, etc.).
The two actions can be brought together, or either one can be chosen. It all depends on the type of damage, when it appeared and against whom the action is directed.
Other points to bear in mind
What happens if the time limit for claiming has run out?
As mentioned, the legal time limits under the Spanish Building Act (LOE) may have passed, for example because the damage is to finishes (1 year) or habitability (3 years). Even so, you may still be able to sue the developer, as seller of the property, for contractual liability, for which the time limit is between 5 and 15 years.
It may also be that the limitation period was interrupted by a formal demand before the guarantee period ended, in which case there is more time to claim. Please contact us and we will advise you on whether you are still within the time limits.
Can I commission an expert report first and hire a lawyer afterwards?
It is best to have the expert report prepared by specialist architects who draw up the most suitable report and who are coordinated from the outset by lawyers specialising in construction damage claims, such as those at our firm. However, although DPCON S.L. offers a comprehensive service (expert report and legal claim), we can also offer each service individually and separately.
Can I claim if I am a self-builder?
Of course. As a self-builder, you will have hired an architect, a quantity surveyor and a building contractor to build your detached house. On the basis of those engagements and the fees you paid them, you can hold them liable for having built a defective building.
Contact
Don’t hesitate to consult us!
Custom budgets.
Paseo de la Castellana 257, 1º Sur, CP 28046, Madrid