Legal tip 233. Building defects Part III. Warranty period and claim deadlines
Friday, February 19, 2010 @ 8:33 AM
The Building Act establishes in its Article 17, three warranty periods depending on the type of damage.
10 years : for defects or flaws in the foundation, supports, beams, slabs, bearing walls or other structural elements affecting the stability of the building.
3 years : for defects or defects that affect the habitability of the building.
1 year: for defects involving elements of termination or completion of the building. This damage will be sole responsibility of the builder.
The time-limit shall commence from the date of receipt of the work, without reservations or from the correction of these.
This is a time of expiry (no prescription) that does not allow interruption or suspension.
Article 18 of the LOE provides that actions to enforce the liability for defects or defects in the building prescribe after two years since the damage occurs.
Therefore, the damage must occur during the warranty period (Art. 17 LOE), then the injured party has the above time limit ( two years) for filing the appropriate claim.
(See here Part I and Part II of this serie on building defects)
Maria
Zahara ( Cádiz) beach by Zahira at Flickr.com
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