If you find construction defects in a new-built or a resale or used property in Alicante or the Costa Blanca area like Torrevieja, you should know that you need to take photos and get evidence as soon as you notice them and then you need to contact Cc Lawyers so we can help to get compensation or solve them.
- Construction Defects and Claims: Construction faults can encompass various issues such as design flaws, poor workmanship, subpar materials, water intrusion, mould and dumps, drainage problems, and more. Homeowners or property owners who discover such problems can potentially file claims to recover damages. These claims typically involve an investigation by experts to assess the extent of the issues.
- Legal Protection and Ordinance: In your case, the Building Ordinance 38/1999 of November 5th provides regulations for addressing defects and damages, irrespective of whether the building is for private or public use. This ordinance includes provisions for faults, damages, construction reforms, and alterations to the original design.
What is the defect liability period in construction? Building Defects Claims Costa Blanca, Alicante Torrevieja area.
In the process of buying and selling properties, it is very important to consider the responsibilities assumed by sellers and builders in selling properties to buyers.
It is very normal to find properties on the market that are sold with problems, in which the buyer does not know very well how to act, nor what are the rights under the law when they find building problems or defects that have not been detected before the sale.
It is important to establish what are the rights and obligations of sellers and builders, as well as buyers who purchase property in Spain. That is why we have created this report to clarify concepts and procedures when confirming visual or hidden deficiencies.
When considering liability for hidden deficiencies, it is necessary to distinguish between newly constructed homes and homes for sale.
In new homes, the warranty and the buyer’s right to claim hidden deficiencies is divided into three types:
ONE YEAR: Problems in finishing interior and exterior flooring, carpentry, new electrical appliances, etc. ONE YEAR from the date of construction, or SIX MONTHS from the date of purchase/completion.
THREE YEARS: For deficiencies produced in the property and that directly affect and degrade its habitability. In this case, it is about problems that affect hygiene, health, watertightness, sanitation, etc. These defect cases must leave the property in such a way that it is impossible to live inside. Therefore, please note that “secondary defects” that do not prevent the property from being used for living will not be covered.
And for problems that affect the structure of the building, such as the foundations, pillars, beams, floors, etc. TEN YEARS. These faults must be such that they compromise the stability of the building.
In newly built properties, it is mandatory in Spain to submit a DECENIAL INSURANCE (or TEN YEAR INSURANCE) that covers structural damage to the building for 10 years. These faults are covered in such a way that if any of these fails appear, the buyer must inform their insurance, so that they can claim and use the ten-year insurance previously provided by the developer or builder of the building. In this way, buyers are guaranteed, as consumers of newly built homes, that they are duly covered for TEN YEARS for these fails.