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I have damp on my wall

Tengo humedad en la pared - I Have Damp on My Wall: Can I Claim?

A very common and annoying problem in homes is damp on various surfaces: on walls, in corners, on ceilings, around window frames, on skirting, etc.

Damp not only spoils the appearance of a property, it also seriously affects the healthiness and habitability of homes, causing an unpleasant musty smell and the growth of mould and fungi, affecting the air and atmosphere in the rooms and, in the case of serious leaks, it can even corrode the reinforcement of floor slabs and columns.

Is this damp normal?

No. A home must be properly built and have no damp of any kind. Not even condensation. There are many construction techniques that prevent damp. The excuses given by developers, claiming that it is the owner’s fault for not ventilating enough, are not acceptable.

Can I claim for this damp?

If it is a new-build home, yes. You must be within the 3-year guarantee period under article 17.1.b) of the LOE to claim against the parties involved in the construction who are responsible, or you can bring a claim for contractual liability against the seller within 5 years.

Do repairs by Murprotec or other specialist firms work?

It depends on the case. Sometimes they work well, but in other cases they do not and the damp comes back. The best approach is for an expert to determine the most suitable repair.

What should I do?

Commission an expert report, so that an expert specialising in building defects studies the origin and cause of the damp and sets out the appropriate repair proposal, tackling the problem directly and not just the surface, since otherwise it will come back.

With that expert report you can also bring a claim against those responsible, either for them to carry out the repairs in that way or for the corresponding compensation directly. Contact us for a quote.

Any questions?

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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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