Condensation dampness is the result of water vapour trapped in the capillaries of walls, partitions or cladding due to the variation of temperature inside the building with respect to the outside; It usually manifests itself in the form of fungal colonies (black spots) or in the form of small droplets (as if the wall is sweating) or bubbles or blisters in the paint; It is mainly due to the fact that the necessary thermal insulation has not been installed (or was not foreseen in the project or was not executed) to prevent the transmission of the temperature difference between the exterior and the interior of the building, through the areas susceptible to thermal bridges;
Causes of condensation dampness
Moisture is caused by condensation due to the difference in temperature between a warm interior and a cold exterior, and conducted by the so-called “thermal bridges”; This contrast causes the condensation of excess ambient water vapour; This is known as the cold wall effect, just like the condensation droplets that remain on a mirror after a shower; Thermal bridges, which are the elements through which this temperature difference is transmitted, must be avoided in the construction process, with thermal insulation, with special materials such as window frames with thermal bridge break, with air chambers etc.
A very common reaction of builders or developers to the appearance of condensation dampness is to blame the owners, that there is not enough ventilation in the rooms, that they should be better ventilated, and that the excessive use of heaters “loads” the environment too much producing those condensation droplets in contrast to the outside temperature; But such explanations and excuses should not be tolerated; A homeowner should be able to heat their home to obtain the right degree of comfort in their home, ventilating just enough, yes, but without having to leave the windows open frequently with the great loss of heat that this entails; The real problem is thermal bridges, which must be avoided with appropriate construction techniques;
Condensation damage claim deadlines
As condensation dampness affects the habitability of the property, according to the Law on Building Regulations, there is a 3 year legal guarantee period for claiming it, according to article 17, section b of the Law on Building Regulations, and once it has been made clear (by means of a requirement to those involved in construction), from then on there is a 2 year period to file a claim, according to article 18 of the LOE, claiming said condensation dampness from those responsible;
Furthermore, in the case of serious defects and flagrant breaches (of the building specifications, for example), a claim for contractual liability can be made against the developer-seller of the building, who is liable within 5 years in accordance with 1.964.2 of the Civil Code;
Claims for condensation damage to buildings
DPcon S.L. will send an expert to your home, and once the origin of the damp has been verified, and a technical report has been drawn up, our legal department will take care of claiming the damage from those responsible, filing a legal claim so that they repair or assume the cost of the repair; Normally such reparation takes the form and value of an indemnity to be paid by the defendants (or through their insurance companies);
Our lawyers are specialists in construction law, with extensive experience in claiming this type of damage; There are many procedures that we have successfully carried out all over Spain, obtaining a multitude of sentences in which the responsible parties are condemned to compensate the owners for these damages, in order to fix the condensation dampness that they suffer in the most adequate and definitive way;
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