If you have noticed with concern that your home has cracks affecting the structure, you should take action; The first step is to have your property inspected by a senior architect, who can check what the damage is like, what the cause is and propose a suitable repair proposal; Once this has been determined, you will be able to claim against those responsible;
The causes of cracks in dwellings or buildings can be various; They can be related to differential seating leading to various types of cracks such as diagonal or staggered cracks; it can also be related to the foundation problems or why it has failed or why it has caused problems in the pillars as well as the descent into the terrain.
With the appearance of generalised cracks, the evolution of their movement must be monitored, controlled over different periods of time by means of crack gauges, and if it is found to be still active, it is a clear indication of the inadequacy of the projected foundation. If the architect has not adequately checked the real configuration of the ground, its nature, hardness, compaction, etc., through geotechnical studies, tests, penetrometers, etc., and does not adapt the choice of the appropriate type of foundation to this geological reality, there can undoubtedly be a significant risk of foundation failure and differential settlement. It is the duty of the architect, according to his Lex Artis and his professional responsibility, to have knowledge of the ground where he builds;
Dangerous cracks in walls
Zigzag Cracks in Walls
If you have zigzag-shaped cracks in your home’s walls, be careful—they may indicate differential settlement.
Ceiling Cracks
If you notice cracks in your ceiling, they may be harmless or could point to structural issues.
Floor Cracks
Floor cracks can result from material shrinkage, lack of expansion joints, or potentially something more serious.
Facade Cracks
A newly built structure shouldn’t normally display façade cracks. They can range from minor cosmetic issues to serious structural damage.
Cracks in Wall Finishes
Material damage to finishing or coating elements in a newly delivered property.
Cracks in Walls
A newly built structure shouldn’t have wall cracks. They could be minor or indicate structural problems.
More information
How to reclaim cracks in walls
In order to claim this type of damage, it is necessary to rely on a technical report, an expert opinion drawn up by an expert specialised in construction damage who can determine the aetiology of the crack, its seriousness, and a proposal for appropriate repair by acting at the source of the problem, not only on the surface; On the basis of this report, a claim can be made against those responsible for the construction or against the seller of the property; For this, different actions can be exercised, or the guarantees covered by the Ley de Ordenación de la Edificación that makes each one of the construction participants responsible in their area of responsibility, or with the contractual liability action of 1101 of the Civil Code against the parties that were contracted for delivering something that does not conform to what was agreed;
Warranty periods for crack claims
The Ley de Ordenación de la Edificación, gives a guarantee period of 10 years to claim this type of damage, according to article 17.1 a) of the LOE, it establishes the responsibility of the possible responsible parties during the period of ten years, on the material damage caused in the building by vices or defects that affect the foundation, the supports, the beams, the slabs, the load bearing walls or other structural elements, and that directly compromise the resistance and stability of the building; This ten-year period, which is counted from the time the property was handed over to us, may result in such damage and can be claimed for; However, once the damage has been proven, there is a period of 2 years to sue the responsible parties, according to article 18 of the LOE; On the other hand, depending on the contractual liability actionable against the seller/promoter or parties to the contract, the time limit is 5 years;
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