Damp due to capillarity

Rising damp is the moisture that rises from the ground upwards, affecting the interior of the dwelling through the pores of the walls and any porous building material, through the so-called capillaries; This capillary absorption is similar to the absorption effect that occurs when a paper napkin is placed vertically on a horizontal surface filled with water;

This is another very annoying habitability defect that can occur in a newly built dwelling, and should be complained about;

How to claim damages due to capillary dampness in dwellings

In order to claim for capillary damp, the first thing to do is for a specialist expert to check the damp, find the cause, the origin, propose a technical solution with a repair estimate, issuing a precise expert report; Once the origin and causes of the damage have been determined and liability has been established, a claim can be made against the developer, the builder or the project management as responsible for the damp;

On the basis of this expert report, a formal complaint will be made to those responsible; If they do not comply with the injunction, legal proceedings are initiated; Legal proceedings must be brought in the judicial district in which one of the defendants is domiciled; Normally they are ordinary proceedings, as the amount is greater than 6000 €, so it will be necessary (unlike the verbal proceedings) to be held in two acts, with a preliminary hearing and a trial; The average time for the resolution of first instance proceedings is about 10 months to 1 year;

Responsibility for rising damp

The expert report will determine the cause of the capillary dampness; And depending on the origin of this damage, responsibilities can be established between those involved in construction; Given that in the construction process this pathology could have been caused by a defect in execution, by the builder for example when placing a skirt or a lateral waterproofing mesh to protect these elements from humidity or a lack of foresight measures in the project or supervision by the project management of these works;

Depending on the cause of the damages determined by the expert in his report, the liability can be settled against the surveyor, the builder or the promoter of the work, given that there is a legal guarantee contemplated in the Law to request the construction participants to respond for their wrongdoing;

Claim deadlines for capillarity in buildings

Capillarity damp as damage affecting the habitability of dwellings has a guarantee period of 3 years, as established in article 17.1.b of the Ley de Ordenación de la edificación:

(b) for three years for material damage caused to the building by faults or defects in the construction elements or installations which result in non-compliance with the habitability requirements of paragraph 1(1)(b); (c) of Article 3;

Once the problems have arisen within the guarantee period, a report has been issued or the responsible parties have been summoned, there is a period of 2 years to file a lawsuit under Article 18 of the LOE;