In Golden Partners we have a great deal of experience with litigation for construction defects in properties located in Spain or, as they are known in Spanish, “defectos constructivos” or “vicios ocultos” (hidden faults).
During the course of a sale of a home or any other asset, our attention mainly falls on the price and the need or not for financing. At that moment, the last thing we think about is the possibility that the good we acquired has a hidden defect that will prevent its normal use (i.e., a dampness in the ceiling, finish defects, a door that does not fit properly or, worse, a crack in a wall that could hide more serious foundation problems).
you just noticed a construction defect?
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Did you recently buy a house in Spain to live or rent and it is already giving you problems? Below we explain what a construction defect consists of, which are the most common and how you can sue your home builder if he is responsible.
What is a construction defect
The so-called hidden defects are regulated in article 1,484 of the Spanish Civil Code and are more known as construction defects. They are nothing more than defects in the object of the sale and that could not be detected at the time of said exchange, causing it to not be used correctly.
Common construction defects
In the event that the damage occurs in a property, the deadlines for claiming a hidden defect in the home are different from those of other types of property, since they can be of three types:
1. Aesthetic construction defect
Aesthetic defects are those damages that mainly affect the visual appearance of a property, without compromising its functionality or basic structure, and are usually aesthetic in nature, without harming the habitability or safety of the home. The period to claim this hidden defects is one year from when the home is delivered to the buyer.
2. Structural construction defect
For the purposes of the Spanish Building Planning Law, a structural defect or defect is one that affects the foundation, supports, beams, slabs, load-bearing walls or other structural elements and that directly compromises the mechanical resistance and stability of the building. The period for claiming of this construction defect increases to ten years from the delivery of the key.
3. Habitability construction defect
Habitability defects are those that prevent, or do not guarantee, the following conditions of the home or property such as hygiene, health and environmental protection, protection against noise, energy saving and thermal insulation. Consequently, if the damage to the home causes it to not meet the minimum habitability requirements, the claim period will be three years.
Can you sue my home builder for construction defects?
To know if you are eligible to claim construction defects or even termination of the contract, you must first meet a series of requirements regarding the damage caused:
- That the damage occurred prior to the sale: if the seller demonstrates that the damage occurred after the acquisition of the good, or the buyer cannot demonstrate that the damage occurred prior to that moment, the claim will not be admitted.
- That the damage is serious: the damage must be of such magnitude that, had it been known, the buyer would not have acquired it.
- That the damage is hidden: the damage in question cannot be identified until the sale is formalized and the property is fully available and used.
How to find a construction defect attorney
As there are back home, in Spain there are also good builders and bad builders. Sometimes the mistakes by bad builders need a lawyer to push the situation as otherwise, the problem would never get resolved and the clients cannot enjoy their property.
As construction problems involve a series of legal and technical procedures that can become complex we truly recommend you to contact a good construction defect lawyer to help you with the construction defects of the property acquired in Spain. Your contract might have unfair clauses that are difficult to understand and address, you must gather a large amount of documentation in a short period of time and the deadline to submit this documentation is very short too.
At Golden Partners, we can provide you with a lawyer expert in construction defects that will allow you to defend reports of construction defects in your home before the courts.We remain at your entire disposal in our contact form. Do not hesitate to write to us in English, French or Spanish.
