Time limits for construction defect claims suspended by the state of alarm.

As we saw in previous posts, the guarantee periods under the Spanish Building Act (Ley de Ordenación de la Edificación, LOE) for claiming for construction defects in homes against the various parties responsible depend on how serious the defects are (1 year for defects in finishes, 3 years for habitability defects and 10 years for structural damage).

Once the defects have become apparent and have been reliably documented with an expert report and/or a formal demand, there is a period of 2 years to file a lawsuit against those responsible, and if this period passes without proceedings being brought against anyone, the action would be time-barred and the owners could no longer exercise their rights and claim for the construction defects.

But what happens to the time limits or actions that could not be exercised during the state of alarm because of the coronavirus pandemic? If my deadline to sue the contractor expired in May 2020, when the Courts were closed, how could I have exercised my rights?

Indeed, following the declaration of the state of alarm, Royal Decree 463/2020 of 14 March, in its fourth additional provision, suspended all limitation and expiry periods for any actions and rights, a suspension that was lifted on 4 June by Royal Decree 537/2020.

As a result, all time limits (including the time limits for claiming for construction defects) are extended by a further two and a half months, since during that time the time limits were suspended by the state of alarm and it was materially impossible to exercise or enforce one’s rights.

If you have any questions, contact us. DPcon Reclamación daños constructivos.