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Blaming the owner for mould and fungus

Humedad moho ventanas - Blaming the Owner for Mould and Fungus

Blaming homeowners for the mould and fungus in their home is a disgrace

In cold places, PVC or aluminium window frames with double glazing are very important, and very common.

The recurring defects consist of damp appearing on walls due to water ingress between the PVC windows and the surrounding masonry.

In many cases, they occur «through water ingress between the external joinery and the building envelope, with the resulting appearance of stains and mould and the deterioration and detachment of interior finishes». (We have photographed a whole range of such damage, including variants such as air leaks, and other assorted defects such as unhealthy conditions and bad smells).

What is the response in court from those responsible? That they are due to a sealing defect (a matter relating to the execution of the works) and to lack of maintenance (because the sealant can wear away over time, they say). But this damage is not really an isolated case affecting one home; it is widespread and recurs in many homes in the same building.

  • In a home, watertightness plays an important role, since proper waterproofing of the walls prevents water ingress into the interiorand the resulting growth of fungus and mould (unhealthy blackish stains on walls). The liability for this damage lies with the architect and the quantity surveyor.

The architect, for failing to provide a correct construction solution in the design, having relied entirely on the mere application of a PVC “sealant” for watertightness. But the architect should not have stopped there; they had to offer construction solutions to prevent water ingress and include them in the design.

The design must provide for measures to prevent rainwater ingress, because a simple PVC “sealant”, by its very simplicity and nature, disappears over time and is wholly insufficient.

The quantity surveyor is also liable because, even if watertightness and water run-off tests were carried out at the time, they cannot have been done properly, since the damp evidently appeared. Now comes the worst part:

On our visits to homes with this damage, we have often found the occupants resigned to it, because they have been made to feel it is their own fault (a false and planted notion, it should be said): that the mould is due to a lack of ventilation in the home (according to what they were told by the developer, the site management team or the building contractor). Blaming the suffering occupants, who have to put up with the cold and unhealthy conditions, is a disgrace.

If you have this or a similar problem, do not hesitate to contact us.

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LOPD-RGPD-LSSI

Your message will be added to a file for which DPCON RECLAMACIONES JUDICIALES S.L. is responsible. It will be used solely to process your data in order to deal with your request, in accordance with Regulation (EU) 2016/679 (GDPR), Organic Law 15/1999 (LOPD) and Royal Decree 1720/2007 implementing the LOPD, on data protection. Your data will not be disclosed to third parties, except where required by law, and will be kept until you request its erasure. You may at any time exercise your rights of access, rectification, portability and objection and, where applicable, restriction and/or erasure of processing, by writing to dpcon@dpcon.es with your personal details.

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