10 year guarantee for new build

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10 Feb 2012 00:00 by carl9 Star rating. 136 posts Send private message

Hi, it's my understanding that in Spain, as in the UK, all new buildings come with a 10 year underwritten guaranty.

In our case, we purchased the plot and then employed a builder - who incidentally is doing a great job.

What I wanted to know was given our scenario, would we expect to get the same 10 year guaranty, as if we were buying the finished article directly from a builder complete?

Regards, Carl


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10 Feb 2012 10:14 by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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 The answer is yes and more importantly,if you wish to sell in the future and you don't have it you will only be able to sell to a cash buyer as over the last 18 months the banks have refused to issue a mortgage against any property that doesn't have this paperwork.

Another reason for the banks not to lend or Spain sharpening up it's due dilligence on Buying,you decide??

www.taylorlandandpropertygroup.co.uk still here after all these years!

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10 Feb 2012 11:52 by Fighter2 Star rating. 237 posts Send private message

We have just obtained the insurance document that relates to this 10 year warranty from the local company who brokered the insurance on behalf of the developer.

The insurance is a Spanish legal requirement and must be in place before buillding work commences and signed off by the architect at completion.

You should ask your builder to give you a copy now and the original document stamped by the architect on taking full psossesion of the building.


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10 Feb 2012 12:21 by georgia Star rating in Algorfa (As seen on .... 1835 posts Send private message

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 you would be suprised how many properties don't have them,especially urbanisations,basically because of the cost of the sign off!

www.taylorlandandpropertygroup.co.uk still here after all these years!

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10 Feb 2012 14:18 by Fighter2 Star rating. 237 posts Send private message

Our is an urbanisation and we didn't obtain them from the developer but it is a legal requirement to take out the policies before building work starts on each block or in our case Manzana and the gaurantee starts from the time the architect signs off the finish.


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10 Feb 2012 14:59 by carl9 Star rating. 136 posts Send private message

Thanks all, I'm following up with the builder now I have this information from you all.


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10 Feb 2012 19:30 by ayrez Star rating in La Marina Oasis. 377 posts Send private message

If you are the "Promoter" of the build ( ie buy plot then employ the builder yourself) you will not get a 10year guarantee as you would need to provide to yourself. I understand that you can do this through an insurance company but it is very expensive.

We bought a plot and had a property built and our solicitor explained that we did not need a guarantee as there is a provision for self promoters not needing one.

It will be written into your escitura that you have had the property built yourself and therefore there is no guarantee provided to anyone buying from you  within  the 10 years.



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13 Feb 2012 12:27 by carl9 Star rating. 136 posts Send private message

Thanks Arez - that actually makes sense.


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18 Feb 2012 14:02 by jeffsears Star rating. 36 posts Send private message

 I would be interested to know if anyone has made a successful claim under the guarantee. 

My builder did minor repairs, leaking taps, dodgy painting etc. but when it came to major items like leaking doors and windows, badly fitted damproofing just ignored it and still does despite written requests from lawyers.

So I would not be concerned about buying a house without a guarantee.

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19 Feb 2012 09:18 by mariadecastro Star rating in Algeciras (Cadiz). 9327 posts Send private message

Legal Questions? Speak to Maria Direct

If you are the promoter/developer of your own house for your own use, you DO NOT NEED the Insurance, but, you will have to hire it if you sell the property within ten year´s time.

The new owner will not have entry in the Land Registry without this Insurance.


Maria L. de Castro, JD, MA


Director www.costaluzlawyers.es

El blog de Maria

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23 Mar 2012 13:01 by wolo Star rating in Murcia. 6 posts Send private message

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 Hi everyone,

Only clarify that 10 years Insurance only covers structural damages or induced by structural failures.

The other gurantees that spanish law provides are:

- 1 year for finish materials (tiles, painting,...)

- 3 years for installantions or damages induced by them.( Drainage included)

The structural guarantee is compulsory be covered by insurer. The other two can be covered by insurer or directly by the developer.

As you have said, the 10 years insurance is compulsory for sell a building made after May 2000. If it is ten years old you can sell it without insurance.

Also it is only for new building and integral reform buildings. If you make alterations at home the only  valid guarantee is what you have agreed with buider, but legally one year for everything and two years for materials who has those guarantee.

Always demand a correct bill or will never can claim.

Common sense is the least common of senses blog "Under Construction"

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