Taking action against a building contractor for defects.

We have just bought a recently built home and, after living in it for a few months, we have noticed many defects affecting its habitability, and the after-sales department no longer responds to us…

Can I claim against the building contractor?

As you may know, a new-build home comes with a series of guarantees set out in a special law, the Spanish Building Act (Ley de Ordenación de la Edificación, LOE).

The purpose of the LOE is to regulate the essential aspects of the construction process of a building, establishing the obligations and responsibilities of the parties involved in that process (developer, building contractor, architects, ancillary inspection companies), the guarantees, insurance and content of the deed of Declaration of New Build required for registration at the Land Registry, as well as the guarantees needed for the process to be carried out properly, in order to ensure quality in the construction of buildings by meeting the essential requirements that adequately protect the interests of buyers and users.

To that end, the law regulates the technical requirements that are necessary and essential for the building to achieve that goal.

For what types of defects can you take action against the building contractor?

Under the LOE, the parties involved in the construction are liable for material damage affecting functionality, accessibility, habitability and safety.

Thus, in terms of FUNCTIONALITY, the law states that “the dimensions of the spaces and installations” must be “suited” to the intended functions of the building.

In terms of ACCESSIBILITY, the building must allow access and movement for people with “reduced” mobility, provide access to telecommunications services in accordance with their specific regulations, and facilitate postal services through the appropriate installations.

With regard to HABITABILITY, the interior of the building must achieve adequate conditions of health and watertightness, with all kinds of waste properly managed. It must have the waterproofing needed to provide comfort and energy savings.

HABITABILITY also involves protection against noise, so that it does not endanger people’s health and allows them to carry out their activities properly.

For this type of workmanship defects affecting the habitability of homes, the building contractor is usually liable, and is also liable for one year for defects in finishes or aesthetic damage.

In terms of SAFETY (structural), damage affecting “the foundations, supports, beams, walls”, etc., that compromises the strength and stability of the building must be prevented.

As regards SAFETY (in case of fire), it must be possible to evacuate the building safely, and the design of the building must allow firefighting and rescue teams to operate.

There must be SAFETY (in use), meaning that the building, in normal use, must not pose a risk to people.

Likewise, the building should promote energy savings and make rational use of the energy needed to use it.

In short, the building elements and installations must allow the building to be used satisfactorily. To this end, the law defines who the developer, the building contractor, the works director, the architect and the designer are, and sets out their obligations. Finally, the law regulates the liability periods and mandatory guarantees they must comply with, as well as the limitation periods for bringing claims.

In this POST, we explain what liability the building contractor has for construction defects and the time limit for claiming against it.

As we have said, this wide range of guidelines, which go beyond a mere statement of intent, form part of the articles of the LOE (article 3 et seq.) and make up a large part of the body of statutory law that has regulated buildings and the parties involved in them since 1999.

If you have any questions about claiming against the building contractor or whoever is responsible for the damage to your home, please contact us.