Foundation Problem

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02 Nov 2006 12:00 AM by KerryDavison Star rating. 2 posts Send private message

I completed the purchase of my offplan villa in August 2006. On a recent visit we discovered cracks in the walls and decided to get a survey done on the property. It appears that the foundations have not been built properly and my villa is sinking. Does anyone know what are my legal rights and how should I convince the developer that there is a problem as at the moment they are saying that there isn't a problem?

Kerry Davison

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02 Nov 2006 1:15 PM by Smiley Star rating in San Pedro de Alcanta.... 2502 posts Send private message

Smiley´s avatar

By law the developer is supposed to take out a 10 year indemnity to cover against structural problems. A lot of them dont bother and I have heard that if a house is being built for self use then it is apparently not required - you can imagine what happens. If the house is already moving then it is only going to get worse. A great many of them build up the land with topsoil and do not compact it correctly with rocks and earth at the right intervals - dont ask me I am not an engineer - they then start the constuction too soon and are building foundations first on land that has not settled correctly and second on ground that has been incorrectly prepared in the first place.

Talk to your lawyer - sooner the better.

regards Smiley


Smiley -

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04 Nov 2006 5:23 PM by milli Star rating in Cheshire/ Formentera.... 65 posts Send private message

Hi Kerry

Where have you bought?

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16 Jan 2007 4:04 PM by inspectahomespain Star rating in Orihuela Costa, Spai.... 2417 posts Send private message

Vip Supporter

I have just noticed your post so I apologise for the late response

There are 2 factors that effect the liability of the builder as far as who is responsibility of thge builder is concerned with your problem

The first is that yes, as with the UK, all properties have to be covered by a 10 year, insurance backed warranty which the builder, by law, must take out and the policy details should be with your deeds.

It si the responsibility of your lawyer to check that this is in place before completion and it is the law that it has to be in place for all new builds in Spain. It is an insurance policy and therefore any claims are taken to the covering insurance company as well as the builder.I know from customers that we have helped it can be a long and frustrating process, as it alos is the the UK as well.

The second is a statute under Spanish building law that states that anything that makes the propery non-habitable, is covered for the first 3 years and has to be rectified by the builder.

I would suggest that your problem fits in both areas

The first step is to make sure that the survey has been carried  been out by a Spanish registered structural engineer and this must be registered and signed at a Notary

There will always be some settlement cracking in any property as it settles but it depends on the amount and severity

The key mressage is that it is the builders responsibility to put it right


Roy Howitt Independent Property Consultant WE CAN FIND YOUR DREAM HOME 627 955 748

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16 Jun 2007 6:37 PM by Surveyor Star rating in Estepona, Costa del .... 32 posts Send private message

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Just started looking at Forums so sorry for the delay. The 10 year warranty is ONLY for structure and consequential damage of structure failure. Not same as UK NHBC, which is more comprehensive. Like all insurers, they will try to wriggle out and delay to make the bother not worth the benefit. Be persistent. The ultimate insurance is probably with Lloyds of London anyway!

The architect also has a lifetime liability and he is insured through his local Colegio. That applies even if there is no Decennial Insurance. Can be protective of members though.

All Property Matters

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