The Urban Development Act (LOE), commonly known as the Construction Law, which has been in force in Spain since 1999, is the law that regulates the spheres of application and the competences and obligations of the agents involved in the construction project of a permanent building, whether public or private. This law serves to protect the buyer’s rights if after a certain period of time constructional defects appear in the purchased property. A case may be brought before the courts to determine whether there are parties liable for those defects and thus offer a solution to the purchaser if the judge finds in the purchaser’s favour.

What is the warranty period for constructional defects?

The are three warranty periods established for each type of constructional defect in the Construction Law:

• 1 year: for defects affecting finishes, such as flooring and tiling.
• 3 years: for defects related to habitability, such as humidity.
• 10 years: for structural defects, such as cracks caused by bad foundations.

These timeframes begin from the date of the Deed corresponding to Handover of the Works by the developer or, in its absence, the Final Works Certificate or First Occupancy License File issued by the Council in the municipality. If a defect does appear, it is not obligatory to file the suit during the warranty period, but it is necessary to be able to prove that the defect appeared during that period, by obtaining a notarial certificate with photographic evidence and a Technical Opinion issued by a surveyor/appraiser/expert.

What is the timeframe for filing a claim for a constructional defect?

Once a constructional defect has appeared and we have pre-established evidence of the defect, we have two years to file a claim or suit and demand that the seller offer us a solution to the problem. Otherwise, we lose the right to do so. However, it should be remembered that each particular case will have its particularities, which is why it is always advisable to consult with a specialised lawyer who can tell us how best to proceed.