Claiming air leakage in dwellings

In order to claim this type of defect, in the first instance an expert opinion must be drawn up, including thermographic tests, to determine the origin of the air entry, if it is due to a defective execution and installation of the window, the shutter box, the sealing, etc

Once the origin is determined, the expert opinion shall include not only the method of repair, but also the cost of the repair;

A claim will then be drawn up, based on the report, and a claim will be made against the responsible parties, be it the builder, architect, quantity surveyor and/or developer, for the repair of the air leaks;

Damage to habitability due to air leakage

It produces a very large loss of energy efficiency and comfort, since the fact that air enters through gaps in the windows, and these are not perfectly airtight means that both heating/cooling the inside of the house costs us much more (with the corresponding loss of energy efficiency), as well as the unpleasant entry of cold or hot air from the outside undermines our habitability;

Liability of the builder for air leaks in dwellings

Article 3 c.3) of the LOE establishes that a basic requirement of the building is energy saving and thermal insulation, in such a way that a rational use of the energy necessary for the proper use of the building is achieved;

If there are air leaks in a dwelling it is clear that it is in breach of this requirement; The responsibilities, whether of the builder, or of the architect, quantity surveyor and/or developer, will be determined by the expert opinion, depending on whether it is a problem of construction management, design or execution;

When this type of defect occurs in a building, it is usually not only in one or two dwellings, but in a large majority of them, so claiming, jointly, is the usual and most advisable procedure; As well as damage due to humidity, poor acoustic insulation, bad odors from pipes…