The Civil Division of the Court of First Instance of Jaén (Tribunal de Instancia, Plaza nº 3) has handed down Judgment no. 396/2026, dated 29 September 2026, fully upholding the claim brought by the owners of a home against the building contractor responsible for the construction. The ordinary proceedings concerned a claim for damage caused by construction defects in a home on the seventh floor of a residential building in La Vega de Acá (Almería).
Widespread defects in the home’s flooring
As the judgment records, it was fully proven that the contractor chose the materials and laid the flooring in the home. However, the floor showed serious workmanship defects that ended up compromising the comfort, physical safety and proper use of the property.
The main defects found in the flooring were:
- Loose tiles with no adhesion to the substrate.
- Detachment of the grout used to fill the joints.
- Broken tiles, hairline cracks and cracking.
- Tiles that sounded hollow when tapped, because they had not been fully bedded in adhesive.
Expert evidence and laboratory tests in full agreement
The ruling rests on a rigorous analysis of the expert evidence submitted. On the one hand, the technical report drawn up by the expert architect found that the flooring defects were widespread throughout the home and that the situation had been getting worse over time as a result of the floor’s own exposure.
On the other hand, the tests carried out by a specialist laboratory confirmed that good construction practice and the applicable technical standards (UNE EN 12004-2:2017 and UNE 138002) had not been followed:
- No back-buttering: The double application of adhesive (on the substrate and on the back of the tile) recommended for tiles larger than 30×30 cm was not used.
- Low bond strength: Tensile adhesion tests gave a maximum value of 2.68 kg/cm², far below the 8 kg/cm² required of the tile adhesive.
- Unsuitable adhesive: The adhesive was not spread over the whole surface of the tiles, was not suitable for underfloor heating and left voids in the terrace areas.
The entire floor has to be replaced
The judgment concludes that a partial repair, replacing only the damaged tiles, is not viable. The experts agreed that, since this is a widespread adhesion failure and it is impossible to obtain tiles of the same shade as those originally laid in 2023, the only way to guarantee the habitability and visual consistency of the home is to lift and replace all of the flooring.
The court’s ruling
Applying the principle of the reversal of the burden of proof in building matters, the court found that the contractor had failed to prove any external cause that would release it from liability. Accordingly, the presiding judge ruled as follows:
- The building contractor is ordered to pay the owners €25,003.22 in compensation to cover the full repair of the flooring.
- Statutory interest is payable from the date on which the claim was filed.
- The defendant is expressly ordered to pay the legal costs of the proceedings.
Affected by building defects in your home?
If you have noticed deficiencies, cracks or faults in the materials and finishes of your property, it is essential to act quickly and to have a technical and legal team specialising in construction law on your side. At our firm we examine your case thoroughly and with no obligation, coordinating the expert reports needed to defend your rights and to demand the repair or compensation you are entitled to.
Do not hesitate to contact us; we will be happy to advise you and support you throughout the legal process.
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