Cracks in a brick façade and dangerous falling bricks

March 20, 2017
Desprendimiento ladrillos fachada - Cracks in a Brick Façade and Falling Bricks

Who can I claim against for the cracks that have appeared in my building’s façade?

Enquiry: I am the president of a homeowners’ association with 9 blocks. For the past 2 years bricks have been falling from the façade (exposed brick), especially around the expansion joints. On top of that, some huge cracks have opened up at the corners of the blocks, running the full height of the façade. We have complained to the building contractor and it has repaired a few things, but we can see more and more bricks coming loose, and some neighbours are even complaining that hairline cracks or splits have appeared inside their homes. What should we do to get the contractor to repair the façades?
Answer: The first thing is to be clear about how old the buildings are, since, depending on the date of the Certificate of Completion, the building may or may not still be under guarantee for the purposes of making a claim. If it is less than 3 years old, the falling bricks and cracks are considered habitability defects, so all the parties involved in the construction (that is, the developer, building contractor, architect and quantity surveyor) will be liable, each according to their respective responsibilities. The cracks may be more serious than initially thought and may affect the structure of the buildings, owing to excessive deflection of the floor slabs. If so, we would be dealing with structural defects, which have a 10-year guarantee, the architect being the party mainly responsible. And if more than 10 years have already passed since the works were completed, the developer may be liable for breach of contract. In other words, the dates are crucial. It is very important to locate the Certificate of Completion or the handover certificate, since that is the document from which the building’s guarantees run. However, the most important and necessary thing is to obtain an expert report, which will determine the origin of the damage and its seriousness, as well as how the repairs should be done and what they will cost. To bring a court claim, a number of documents will then be needed, such as the deeds, the construction project, the geotechnical surveys, etc. But it is essential to have a prior and accurate diagnosis of what is happening. medidas-preventivas-fachadaAs for the falling bricks, since they may be dangerous to passers-by, both owners and third parties, it is highly advisable to take preventive measures, such as installing protective netting, or clamps on low walls to hold them in place, especially on the roof parapets. Only once the expert report has been completed will a lawsuit be prepared against the parties involved in the construction who are liable, in order to demand and compel them to repair the construction defects.
0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Responsable » DPCON RECLAMACIONES JUDICIALES SL
Finalidad » Prestación de servicios requeridos
Legitimación » tu consentimiento
Destinatarios » No se cederán datos a terceros.
Derechos » Tiene derecho de acceso, rectificación y supresión

Related articles

DON’T HESITATE TO CONSULT US!

CUSTOM BUDGETS

3 + 2 =

GDPR-LSSI

The information you submit will be added to a file owned by DPCON RECLAMACIONES JUDICIALES S.L. It will be used solely to process your data and handle your request, in compliance with Regulation (EU) 2016/679 (GDPR), Organic Law 3/2018 (LOPDGDD) and Royal Decree 1720/2007. Your data will not be shared with third parties except when legally required, and will be retained until you request deletion.
You may exercise your rights of access, rectification, erasure, portability, restriction, objection and withdrawal of consent at any time by writing to dpcon@dpcon.es.

Contact

Telephones: 911 61 01 65 / 646 567 732

Email: dpcon@dpcon.es

Headquarters: Paseo de la Castellana 257, 1º Sur
CP 28046, Madrid

SERVICE ALL OVER SPAIN

WhatsApp