If you have just bought a new-build home, which you purchased with great excitement, you should unfortunately be aware that sometimes a brand-new property does not live up to the expectations placed in it. Sometimes homes suffer from defects such as hairline cracks, damp, draughts through the windows, poor sound insulation, problems with installations, condensation on the walls, hairline cracks around door frames, etc., or there is some discrepancy between what was agreed and what was actually delivered.
To help you know what to do in these cases, here are a few key points:
- SNAGGING LIST
First, you should draw up a snagging list to see whether the developer’s after-sales department deals with the defects. Always keep a written record of these claims, but do not let the developer or its after-sales department give you the runaround for too long: if they have not carried out the repairs within a few months, take action, as there are statutory time limits for making a claim.
- TIME LIMITS FOR MAKING A CLAIM
Although all construction defects can be claimed within a certain period, that period will depend on the type of defect and the legal action to be brought.
You must bear in mind that there are guarantee periods under the Spanish Building Act (Ley de Ordenación de la Edificación, LOE).
–1-year period to claim for defects in finishes. This would include damage such as dents in the parquet, stained elements, building debris not cleaned up, loose door handles, etc.
–3-year period to claim for habitability defects. This would include damage such as water ingress, damp, poor thermal and sound insulation, hairline cracks, problems with installations, and problems with the accessibility or functionality of parking spaces, etc.
–10-year period to claim for structural damage. This is damage that can affect the safety and structure of the building, affecting the foundations, columns, floor slabs, beams, load-bearing walls or other structural elements, and causing differential settlement, major cracks, ground subsidence and even the collapse of the building.
*Please note: once the damage has become apparent (and there is reliable proof of its existence, for example a claim that has been made), there is a maximum period of 2 years to file the lawsuit.
You should also know that, in addition to these guarantees under the LOE (under which a claim can be made against any party involved in the construction that is responsible for the damage), it is also possible to claim solely against the developer as seller of the home for breach of contract (which allows claims for many significant defects). The time limit is 5 years from the purchase of the home, under the Civil Code.
- STEPS TO FOLLOW TO CLAIM FOR THE DEFECTS
Once you are clear about the time limits you have to make a claim, the next step would be to gather all the documentation you have relating to the purchase of the home: the private contract, the title deed, the certificate of completion, the handover certificate of the works, the construction project (which can be found in a set of documents called the Building Logbook), promotional brochures, communications with the developer, etc., together with a full list of the defects and photographs of them. Ask your neighbours first whether these defects are widespread or whether there is also damage in the communal areas, since if so, it is in your interest to make a joint claim, which will work out better financially and will carry more moral weight before a judge.
Once you are clear about the defects to be claimed, you should commission an expert report from a specialist expert, to record all the existing damage, assess its causes and who is liable for it, and estimate the cost of repairing it properly.
This report is essential for making a proper claim against those responsible, which should be done through lawyers who specialise in construction law.
So now you know: if your new-build home has defects, do not let the statutory time limits run out, and follow these simple tips to claim for the damage from those responsible.
DPcon Reclamación Daños Constructivos.
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