CONTENTS: TIME LIMITS FOR CLAIMING FOR CONSTRUCTION DEFECTS

 

 

Time limits and types of claim for construction defects.

 

Claims under the Spanish Building Act and for breach of contract.

 

1. a) Time limits for claims under the LOE (Spanish Building Act).

  b)   Time limits for claims for breach of contract under the Civil Code.

Time limits and types of claim for construction defects.

Depending on the type of defect in your home (hairline cracks, cracks, damp,  finishes….), who is liable for it, and  how long ago the building was completed,  different actions can be brought to claim for the defects, with different time limits and against different parties involved in the construction, as we explain below.

Claims under the Spanish Building Act and for breach of contract.

Claims for construction defects can be made under the Spanish Building Act (Ley de Ordenación de la Edificación, LOE) or for breach of contract by the seller, under the Civil Code.  Both actions can be brought together, or either one can be chosen. It all depends on the type of defect, the stage you are at in terms of time limits, and who the action is directed against. Both actions can be brought cumulatively, either individually by a particular owner or collectively, in the name and on behalf of a homeowners’ association.

a)  Time limits for claims under the LOE (Spanish Building Act).

The Spanish Building Act is the special law applicable to all new-build buildings whose building permit was applied for after May 2000 (before that date the Civil Code applied, with a general period of 10 years).

Article 17 of the LOE establishes different guarantee periods (within which the defects must become apparent):

• 10 years for damage affecting  the foundations, supports, beams, floor slabs, load-bearing walls or other structural elements.
•  3 years for habitability defects (these are usually the most common defects: damp, noise, bad smells, insulation, difficulty manoeuvring when parking…)
• 1 year for defects in finishes (chips on doors, scratches on parquet flooring, etc.)

These periods (within which the defects must become apparent) run from the date of handover of the works.

Once these defects have become apparent within that period and have been evidenced by an expert report and/or a formal demand, there is a period of 2 years to bring the action (file a lawsuit in court) under article 18 of the LOE.

This action can be brought against the building contractor, architect or quantity surveyor (depending on who is liable for the defect) and can always also be brought against the developer, which is jointly and severally liable.

b)   Time limits for claims for breach of contract under the Civil Code.

In addition to the LOE, there is another action to claim for defects, provided for in article 1101 of the Civil Code  (for breach of contract). This action is brought against the developer because it is not just another party involved in the construction: it is the seller of the homes and is therefore contractually obliged to deliver homes free from building defects.

          This action, which has a time limit of 5 years from the signing of the contract, can be brought against the developer-seller; in the case of self-builders, they can also bring the action against the people they hired (architect, quantity surveyor, building contractor…).

Tell us about your case and we will advise you on the best action to bring and whether it can still be brought within the time limit.