Buying a home can bring unwelcome surprises, such as construction defects. What can we do?
Some suggestions before buying your future home.
We are talking about the most important decision many people ever make: nothing more and nothing less than buying a home.
It means investing not only present savings but future ones too, along with debt lasting at least 15 years for the luckiest, and for the less fortunate it will be the investment of a lifetime.
So, what steps are advisable when buying a home?
If it is a new-build home:
- Inspect the home carefully, without rushing, as many times as necessary, and always before signing the deed before the notary.
- Inspect the communal areas, which are no less ours for being communal. If there are construction defects, they will affect you just the same.
- If you notice construction defects, make a written list and demand that they be repaired before the deed is signed.
- Ask the notary for the draft purchase deed so you can read it calmly, and if there is anything you do not understand, that is unclear or that you are not happy with, speak to the notary so that it can be clarified, and do not hesitate to request changes to anything you do not agree with.
- Before the signing date, tell the developer-seller that they must hand over the Building Book (Libro del Edificio), the Certificate of Completion and the 10-year structural insurance (seguro decenal) policy (the last two are usually included in the Building Book, but it is better to ask for them expressly).
If it is a second-hand home:
- You should likewise inspect both the inside of the home and the communal areas.
- If you notice defects, you will have to decide whether to go ahead with the purchase, in which case we recommend negotiating the price down, or to withdraw from it.
- Talk to other owners in case they have defects in their homes or in the communal areas.
- If the building has a property administrator, ask for a certificate stating that the owner is up to date with their service charges; ask them to tell you whether any special levies are planned (to repair an existing construction defect in the communal areas, or for any other reason); and ask them to tell you (in writing) whether any court proceedings are under way (whether a claim for construction defects or of any other kind). That way you will avoid unwelcome surprises and costs.
- Make sure the owner hands over the Building Book, and check that it includes the Certificate of Completion and the 10-year structural insurance. These documents will be very useful if, in the future, you detect construction defects in your home, or they appear, and you need to make a claim.
- When the purchase deed is being prepared, ask the notary to send you a draft beforehand. Read the draft carefully, and if you have any doubts, get advice.
In both cases, once the purchase deed has been signed and you have been given the keys, enjoy your home. If you have any problem, do not hesitate to claim, but do not delay, since the vast majority of construction defects only have a 3-year guarantee, from the date of the Certificate of Completion. Do not be misled: the guarantee does not start from the date you signed the deed, and this is something to bear very much in mind, because time flies and the building’s guarantees expire quickly.
Any questions?