After buying a home, the buyer may unfortunately find that the property they have purchased is not what they thought. It may have latent defects or construction defects.
First, a clarification: latent defects and construction defects are not exactly the same thing. In everyday language, the term latent defects is often used for any defect or problem in a home after a purchase that could not be seen before buying the property and only becomes noticeable once you live in it.
However, it should be made clear that, legally, latent defects are those minor defects that could not be seen with the naked eye at the time of purchase, but which already existed and were hidden. They tend to arise in the sale of second-hand homes. A classic example in the sale of a used home is not knowing that there was damp inside a wardrobe, or that a picture was covering an ugly patch of chipped plaster. There is a short period of 6 months to bring an action for latent defects under article 1490 of the Civil Code. And beware: this is an expiry period, not a limitation period. This means it cannot be interrupted; even if a formal demand is sent to the seller, the time limit for claiming is not suspended. The action must be brought within the 6-month period.
But if it concerns defects in a new-build home (bought from the developer) and/or the defects are so serious that they make the property unfit for the purpose for which it was bought, then we are not talking about latent defects but about construction defects.
These construction defects are covered by the guarantees of the Spanish Building Act (Ley de Ordenación de la Edificación, LOE) and by the contractual liability provided for in the Civil Code.
Depending on their seriousness and cause, they can be claimed within different time limits, and different parties involved in the construction may be liable:
- Defects in finishes or workmanship affecting the appearance of the home can be claimed within 1 year against the building contractor or developer of the building
- Defects affecting the habitability or functionality of the home can be claimed within the guarantee period of 3 years. The developer, the contractor and the technical architect may be liable.
- And structural damage that may affect the safety and stability of the building can be claimed within 10 years. This damage is attributable to the designer or works director (the architect), as well as to the developer.
To determine what kind of defects your newly purchased home has, the best course is for a specialist expert to assess them and then, with a proper expert report, such as those prepared by our firm, to send a formal demand to those responsible within the time limit and subsequently file a lawsuit against them. Contact us.
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