Claiming odours in dwellings

Experts in habitability damage claims for bad smells
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We do not have to tolerate external odours that affect our home due to a construction defect; They are considered habitability damage because they affect the basic requirements of a dwelling such as sanitation and watertightness; Get advice;

Bad smells in a house or community

Not to be tolerated because they are common, bad smells can actually have a negative impact on our everyday health; So perhaps that frequent bad smell coming from the pipes, vents, kitchen or bathroom fittings in your home can be reclaimed;

Many of them are due to an incorrect execution of the downpipes, of the ventilation ducts, of the watertightness of manholes, lids, etc. and all of them are caused by a defect in the construction process, either in the execution or in the foresight;

How to get rid of bad smells from pipes

In a newly purchased home, at DPcon we advise owners to first identify the source and then determine whether it is a private or a communal problem; next, to repair the cause and, finally, to check that the smell has gone.

If the smell is occasional and confined to one drain, we would start with the trap, cleaning and watertightness.

If it comes back after the traps have been refilled, we would investigate the ventilation and possible negative pressure in the drainage network.

If it appears in several sanitary fittings, we would investigate the downpipe and its ventilation.

And if the smell is widespread, persistent or comes from service shafts, false ceilings or communal areas, a technical inspection should be requested before carrying out any major work.

The current Technical Building Code (CTE) keeps the Basic Document on Health and Hygiene (DB-HS) as the regulatory reference for these installations, and its official documentation sets out the ventilation and drainage conditions that must be checked.

Especially important in a newly purchased home

The problem must be documented before any major works or repairs are carried out.

If the smell appeared immediately after the purchase and we suspect it may be a pre-existing defect, before altering the installation it is advisable to:

  • Photograph and/or film the affected points.
  • Note the date, time, room and circumstances in which the smell appears.
  • Record whether it coincides with flushing toilets, using showers, wind, rain, extractor fans running, etc.
  • Keep all communications with the seller, estate agent, property administrator and homeowners’ association.
  • Request a technical report if the problem is persistent or significant.
  • Before opening up false ceilings, lifting floors or replacing pipes, have the existing condition documented technically.

This matters because “getting rid of the smell” and “determining who must pay for the repair” are two different questions. If there may be a dispute with the seller or the homeowners’ association, it is best not to destroy the evidence of the original condition with a hasty repair.

We do not have to tolerate external odours that affect our home due to a construction defect; They are considered habitability damage because they affect the basic requirements of a dwelling such as sanitation and watertightness; Get advice;

Other problems of habitability apart from the bad smells that we can find in any dwelling are those related to the dampness, damage to installations electric as well as solar panels or in the hot water system and air leakage damage for a poor insulation; housing.

 

Liability for odours in dwellings

When there is this type of damage, it is perhaps due to incorrect ventilation systems, ventilation shunts that are not well executed, with the minimum height to have a better “draught” or that are not sufficiently distanced from the rest of the elements so as not to hinder their function, or the systems for evacuating dirty water or gases are not well executed, sometimes they are even executed erroneously, sharing the same smoke outlet for many dwellings, when each dwelling should have a separate outlet;

Complaint about bad smells in the bathroom

If you are fed up with these bad smells in your newly delivered property, you can complain about them; You know that together with the rest of the habitability damages you have a warranty period of 3 years to claim them; Especially in bathrooms and toilets these bad smells often occur; They can come from poorly sealed manholes, siphon traps or wells, and the unpleasant smell of sewage remains in your home;

Complaint about bad smells in pipes

If you want to claim against those responsible, you must first make an expert report, studying the pipes, ventilation systems, drainage systems, etc..; and tests, including dye smoke tests, shall be carried out to track the trajectory of the smoke; Let an expert check the condition of your home to see if it does not meet the minimum requirements for habitability;

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Claiming Damage due to Bad Smell from Pipes in Dwellings

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