Habitability damages

The defects that affect the habitability of the dwellings are the damages included in the LOE that reduce the acceptable conditions of healthiness and watertightness; that there is protection against noise, energy saving and thermal insulation in the dwellings, and any other functional aspect of the constructive elements or installations that allow a satisfactory use of the building;

Specifically, section c) of article 3 of the LOE establishes as basic requirements of the building, those relating to habitability:

c.1) Hygiene, health and environmental protection, in such a way that acceptable conditions of salubrity and watertightness are achieved in the interior environment of the building and that the building does not deteriorate the environment in its immediate surroundings, guaranteeing adequate management of all types of waste;

(c.2) Protection against noise in such a way that the perceived noise does not endanger the health of persons and allows them to carry out their activities satisfactorily;

(c.3) energy savings and thermal insulation, so as to achieve a rational use of the energy necessary for the proper use of the building;

(c.4) Other functional aspects of the building elements or installations which permit satisfactory use of the building;

Defects in dwellings due to damage to habitability

Damage to habitability diminishes the quality of life of the place we live in; A newly built house has to offer exactly what we buy, we cannot settle or resign ourselves to the fact that it has a number of inherent defects, which can never be justified as “normal”; By habitability it is not enough to mean literally “habitable”, but it means that it is possible to live adequately with minimum requirements of comfort; Thus, a series of damages could be listed that in any case are claimable: dampness, cracks, bad smells, noises (due to bad acoustic insulation), air filtration, problems in access and functionality of the garages etc..;

What we have to do is, after commissioning an expert report, and once the cause of the damage and the possible liability have been determined, require the architect, quantity surveyor, builder or developer of the building to respond, according to their responsibility, within the guarantee period granted by the Law on Building Regulations;

Damage to habitability in dwellings

The expert architects of Dpcon S.L. can check the state and quality of the houses, making an exhaustive expert report, verifying if they fulfil or not these requirements of habitability, functionality and accessibility; And our legal department, if these requirements are not met, will take care of claiming these construction defects from the responsible parties;

So that you can fulfil your legitimate expectations of enjoying your dwellings, your home, properly, and not having to put up with damp, cold or smelly dwellings; In this way we guarantee the claim for structural damages and in the finishes of both homes and buildings.

The owner has the right to be compensated for deficiencies, damages and defects in his property; You don’t have to settle for a cracked, damp, smelly, noisy or poorly insulated house; With the current legal regulation, all these problems are claimable and compensable;

Damage to habitability of buildings

A building, or a newly constructed community of owners has to meet the basic requirements of habitability, complying with the minimum standards of hygiene, health and environmental protection, (properly managing all types of waste) that the minimum requirements for noise protection are met (you can’t hear what the next door neighbour is doing), and the appropriate measures for energy saving and thermal insulation;

Damage to habitability is not usually detected when the property is handed over, but is noticed when the property is occupied and after a certain period of time; With the arrival of winter, for example, you can detect condensation dampness in the walls, heat loss in the rooms, problems with the installations, lack of acoustic insulation etc… At first they may not be very annoying, but after a while they can be very problematic, damaging the comfort of our home and undermining its habitability; That is why it is important not to let them pass and to call an expert specialist in pathologies to make an expert report, collect all the defects of habitability detected, make a repair proposal and an economic valuation to claim to those responsible;

If you have any problems, please contact us;