What is a defect claim?

What is a defect claim?

Hidden defects, time limit for claiming

As a guarantee for the buyer in these situations, we find ourselves with the existence of Law 38/1999, of November 5, on Building Regulation, which, in addition to establishing the functions and responsibilities of each of the agents involved in the construction, in its art. 17 determines the warranty periods that must exist, depending on the type of defect we are facing, declaring a liability “ex lege” and not based on the contractual relationship that exists under the contract of sale.

Once both issues have been determined, the appropriate out-of-court claim must be made to whoever is considered responsible or responsible, so that they proceed to repair it, and, if you are lucky, which is the least likely case, these agents will take the appropriate measures, repairing the defects and solving the existing problems.

If it is necessary to resort to this process, and provided that the defects have occurred and have been claimed within the time limits indicated, the buyer can bring an action against the agent he considers responsible if such liability has been individualized (art. 17.2 LOE), or if such individualization has not been possible, demand joint and several liability (art. 17.3 LOE). It should be borne in mind that the promoter is always jointly and severally liable and, therefore, the action can always be brought against the promoter, regardless of who the responsible agent was, and regardless of the action of repetition that the promoter may have in the event of being convicted against the agent actually responsible.

How much time does the construction company have to fix defects?

– Three years for defects affecting the habitability of the building: insulation, leaks, functioning of installations, heating, etc. – One year for finishing defects, for which the builder is responsible. – These periods begin to run from the date of the final construction certificate.

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What are the hidden defects of a house?

Hidden defects are all those defects or flaws in a property that cannot be detected with the naked eye, and that are only discovered when living in it.

What are construction defects?

Construction defects are problems detected in new buildings, which cause material damage to all or part of the property. They should not be confused with hidden defects, which are construction defects detected in used homes.

Examples of hidden defects in a home

Unfortunately, in many cases, promoters and sellers of newly built homes, such as banks, financial institutions, cooperative managers and owners’ association managers, sell and deliver properties with all kinds of construction defects, both inside the home and in the common areas of the buildings, residential complexes or urbanizations; problems that the owners must live with from the very beginning without the sellers-promoters doing anything to solve them.

In order to guarantee the success of the claim in our Law Firm we advise and we understand it is necessary that in this type of claims the different actions that our legal system puts at your disposal as purchasers of houses and properties in general (offices, commercial premises, industrial buildings…) are exercised cumulatively and in a complementary way.

In your case, these actions can be exercised either individually or through the Communities of Owners, which we normally advise to avoid higher costs to the injured parties and because the claim gains importance and strength.

How much time do I have to claim a bad work?

The Civil Code: Establishes a period of 5 years to denounce the construction company. The General Law for the Defense of Consumers: Establishes a statute of limitations of 6 months in the case of hidden defects (defects in the renovation).

What to do if the builder does not comply?

– Immediately send a burofax to the constructor so that, within a reasonable but short period of time (10-15 days maximum), he returns to the construction site and resumes the execution of the works.

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What happens if the construction company does not comply?

The first thing to do is to file a complaint with the Mayor’s Office of the municipality where the promise of sale was signed. The law has determined that the mayors are responsible for monitoring and enforcing compliance of public and private housing projects.

Lawsuit for construction defects

In this article we will deal with one of the most important aspects when claiming construction defects: the warranty and statute of limitations periods, both regulated in the Ley de Ordenación de la Edificación (hereinafter L.O.E.). It must be taken into account that the respect of the terms is essential to guarantee the success of our claim, because in the case that the terms are consumed not even will enter to judge if the defect exists or not, and our claim will be rejected with total security.

If your home or community of owners is affected by construction defects, do not hesitate to contact our department of lawyers specialized in construction defects, we will make a first legal and technical diagnosis completely free of charge.

The hidden defects of the houses or buildings are not visible or hidden defects that, in case of appearing before a certain term from the sale, give the right to the buyer to demand to the seller the sanitation of the house or building, as well as the resolution of the contract or the modification of its conditions.

How to prove if it is a hidden defect?

If we want to demonstrate hidden defects in a vehicle we must hire an expert in hidden defects in cars. This professional will make an expert report on the state in which the vehicle is and the problems it presents.

What happens if I buy a house with hidden defects?

If you are going to make a formal claim for hidden defects in your home, you can choose between two options. The first is to withdraw from the contract and ask the seller to return what you paid. … The second is to ask the seller for a reduction in the price you paid as compensation for the hidden defects.

How to detect hidden defects?

How to detect them? The safest way is to have a professional make an expert report on the state of the house, indicating if there are any pathologies, such as cracks, damage to pipes or electrical system, as well as the extent of these pathologies.

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Claim for defects in a newly built house

It may seem a simple task, but it has its complexity, since we will need to demonstrate that the building contractor or construction company has not complied with the initial plans or has not carried out the work following the approved project.

For this we recommend that you contact a real estate lawyer, who will always be able to guide and advise you better in this process. In this case, the role of a lawyer will be essential in the positive resolution of the claim. You will also have to hire an expert to verify that the work does not comply with the provisions.

To carry out this procedure, both the expert and the lawyer will ask you for the data of the contracted company, the contract with the budget and dates of delivery and all the administrative documentation corresponding to the reform (licenses, invoices…).

Before suing for poorly executed work, it is advisable to contact the renovation company and try to reach an amicable agreement, whereby they undertake to remodel the defective parts or to finish the work if it was unfinished.