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Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 231. Building defects. Part II. Liable parties
16 February 2010 @ 08:16

The injured party must prove the damage, once established, it is presumed "rebuttable" that the same has occurred for reasons attributable to those responsible for the building process.

The action is granted to the owners and third party purchasers of buildings or part thereof, in case they are subject to division.
 
The action regarding the buildings standing in horizontal property regime rests with the president of the community of owners. Therefore , the decission to claim against construction defects or vices covered in the Building Act must  be agreed in general meeting .The president is the legal representative of the community, with sufficient capacity to grant power of attorney to solicitors and barristers and hold the representation in Courts.

The action can be directed against: developer, builder, designer, project manager or director of commission work under his purview.

We must differentiate between  direct  action against  the building agents and the  internal  action among the stakeholders in the process against the ultimate responsible for damages.

 When it is impossible to identify the cause/causer of the damage, or  it is proved the existence of guilt without being able to specify the degree of involvement of each party,  the liability is joint and several.

The grounds for exemption from liability are accident, force majeure, act of third parties or of the injured himself.

( See here Part I of this serie on Building defects)

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