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new property spain
construction faults and your legal rights



Your new property spain has been completed and you're satisfied regarding the completion date.

So, let's start wondering whether the actual construction has been carried out properly - and whether you have any legal basis for claiming against building defects if it hasn't.

In short, the answer is "yes" - according to the General Building Act (Ley 38/1999, de 5 de noviembre, de Ordenaci n de la Edificaci n).

Ask your lawyer to claim for a good finish to your property, good power supply connections etc ...

For major defects, you should have up to ten years legal guarantee.


new property spain - general building act

This is the article in the General Building Act which specifies the legal action for different sorts of building deffects:

Provision 17: Civil liability of the agents that intervene in the building process.

1. Despite their contractual liabilities, the individuals or companies that intervene in the building process will answer to owners and third purchasers for the entire building or for part of them, in case they have been divided, of the following material damages happened in the building within the established deadlines, counted from the reception date without reservation or from the rectifying moment.

a) For 10 years - material damages caused in the building due to defects or faults that affect the foundations, supports, beams, floor structure, charging wall or other structural elements, that directly compromise the mechanic resistance and the stability of the building.

b) For 3 years - material damages caused in the building by defects or faults of the building elements or installations that produce breach of habitability requirements of provision 3,1,c.

The builder will also answer for material damages by faults or execution defects that affect the elements of finishing of the works within a year's deadline.

The above has been taken from a legal article written by English-speaking lawyer - Mar a of costaluzlawyers.es


new property spain - related articles

  • General Legal Advice for Spain
  • Legal Article on Buying Off Plan
  • Lawyers on the Costa Blanca
  • Guide To Buying Property in Spain
  • Guide To Obtaining Residence Permit
  • Guide To Working In Spain
  • Guide To Starting A Business In Spain
  • Guide To Spanish Education System





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