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El blog de Maria

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

Legal tip 233. Building defects Part III. Warranty period and claim deadlines
19 February 2010 @ 08:33

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)



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Like 0


Moraira Property said:
24 February 2010 @ 21:32

Interesting and helpful detail, Maria. Thanks for this

Maria said:
25 February 2010 @ 09:44

A pleasure.

Damian Riley said:
16 March 2010 @ 17:38

Dear Maria, We have had alot of ongoing problems with Roda Golf (Calidona) since we bought our apartment. We agree the snags, they tell us they are done then we check (we are in the UK) and nothing has been done. This has happened 3 times in 1 year. We eventually agreed to compromise (there were 17 items) if they completed 2 items. 1 they did (roof terrace lights had never worked), the other (cracks and crumbling grout on the roof terrace reported as soon as we bought it) they say is now not a defect and the 12 months are up. Is there anything more we can do without incurring heavy costs. Their tactic seems to be to wear you down until you give up. Thanks for any advice, Damian Riley

Maria said:
17 March 2010 @ 11:21

Would you mind emailing me to: So I can give to you a fuller appraisal.
Best regards,

Damian Riley said:
17 March 2010 @ 18:03

Hi Maria, email sent, any guidance appreciated, thanks, Damian

Cedric Bruwier said:
02 October 2010 @ 14:03

Hi Maria,

Could you please tell me if the legal Warranty period and claim deadlines also act for refurbished property's in Spain ?
If not, what are then the periodes covered by Spanish Law?

Many thanks for a quick response

c/Mato 17
Ap. 907
Matagorda (Tias) - Lanzarote

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