Spanish equivalent of NHBC

Nothing seems to be easy with Spanish builders . Our complex was finished in June 2006, we purchased in December 2007 with all said building guarantees. Our bedroom window has a patio door which opens and goes nowhere. As you can see from the picture below, a railing is built into the wall structure, purely to stop someone falling to the ground! The only weight that this area can take is the weight of the railing.

As you can briefly see in the picture above, but much better in the picture below, the railing is coming away from the wall!!

Our keyolder noticed this when cleaning the windows and her bum caught againsthe railing and it came away! I have contacted the builder who has sent out their representative today to look at it and they have said they will not cover it as the building is out of guarantee!! Now, I know there is supposed to be a 10 year structural guarantee which should include things such as this that are physically built in shouldn't it? The builder has referred us to their bible "Article 17" under the heading "The law on Joint Freeholding". Is this a law they have made up themselves or is it a genuine Spanish law? If so, does anyone have any idea what this law is as I my "bible" is in Spain and i'm not there for another 2 weeks.

Anyone with any thoughts please?

Thanks

Mark

Hi Mark

I understood the developers themselves were obliged to sort out any problems for initial 12 months then an insurance for remainder of 10 yr guarantee comes into force. However, I also hear we should have this insurance attached to our escritura, we haven't , as far as I can see & I'd hazzard a guess that most don't either ! 

I suppose it all depends on your contract and the developer you're dealing with.  We had problems with a leaking A/C pipe which caused damp/staining in a wall and we were well into eighteen months in the property, but our developers dealt with it, after it was reported.  I think it depends who you are dealing with, basically!!

I have a problem trying to get the builders ( Gama) to do repairs. They were done over a year ago but not to our satisfaction and the situation is actualy dangerous

I have contacted our solicitors who ahve tried to contact Gama , but have written back to say they are now out of business. How do we make a claim on our ten year waranty? . We had the property from new and it is 6 years old