Claiming odours in dwellings

Bad smells are common, but that does not mean we must put up with them: they can have a negative effect on our everyday health. So the frequent bad smell coming from the pipes, vents, or kitchen or bathroom fittings in your home may be something you can claim for.

Many of them are due to incorrect execution of downpipes, ventilation ducts, or the watertightness of manholes, covers and so on. All of them are caused by a defect in the construction process, whether in planning or in execution.

In a newly purchased home, at DPCON we advise owners to first identify the source and then determine whether it is a private or a communal problem, then to repair the cause and, finally, to check that the smell has gone.

If the smell is occasional and confined to one drain, we would start with the trap, cleaning and watertightness.

If it comes back after the traps have been refilled, we would investigate the ventilation and possible negative pressure in the drainage network.

If it appears in several sanitary fittings, we would investigate the downpipe and its ventilation.

And if the smell is widespread, persistent or comes from service shafts, false ceilings or communal areas, a technical inspection should be requested before carrying out any major work.

The current Spanish Technical Building Code (CTE) keeps the Basic Document on Health and Hygiene (DB-HS) as the regulatory reference for these installations, and its official documentation sets out the ventilation and drainage conditions that must be checked.

Especially important in a newly purchased home

The problem must be documented before any major works or repairs are carried out.

If the smell appeared immediately after the purchase and we suspect it may be a pre-existing defect, before altering the installation it is advisable to:

• Photograph and/or film the affected points.
• Note the date, time, room and circumstances in which the smell appears.
• Record whether it coincides with flushing toilets, using showers, wind, rain, extractor fans running, etc.
• Keep all communications with the seller, estate agent, property administrator and homeowners’ association.
• Request a technical report if the problem is persistent or significant.
• Before opening up false ceilings, lifting floors or replacing pipes, have the existing condition documented technically.

This matters because “getting rid of the smell” and “determining who must pay for the repair” are two different questions. If there may be a dispute with the seller or the homeowners’ association, it is best not to destroy the evidence of the original condition with a hasty repair.

Other habitability problems besides bad smells that can affect any dwelling are those related to dampness, damage to installations (electrical, solar panels or the hot water system), and air leakage damage caused by poor insulation in the home.