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Builder's responsability in case of construction defects

Once you receive your home’s keys, you should check your house in order to detect the existence of possible defects.

The term of guarantee for possible construction defects is as follows:

For houses which applications for building licences were issued before May of 2000, the guarantee periods are as follows:

1. 6 months, at least, since the deed was signed, for defective construction which have not affected on the building’s final purpose.
2. 10 years, from the date of completion of the works for defective construction of the essential parts of a building.
3. 15 years, for the cases in which the contractor had no complied with the terms of the contract.

For houses which applications for building licences were issued after the month of May, 2000, the guarantee periods are as follows:

1. 1 year for defective construction which have an adverse effect on the finish of the house (electricity installations, painting....). In this case, the builder is responsible for all the property damages.
2. 3 years for defective construction which have an adverse effect on the habitability conditions (humidity, for example). In that case, the other agents involved in the construction of the building are liable for the property damages.
3. 10 years for defective construction which have an adverse effect on the building structure.

According to the Spanish law you have a time limit of 2 years to claim for construction defects from the date on which the defect was apparent and known to the proprietor, provided that the defect arose during the guarantee period described above.

The different agents will be personally and individually liable for property damages to the buildings caused by their own acts as well as by the acts of others for whom they are legally responsible. They will be jointly liable when the responsibility for the damages cannot be attributed to any one individual or entity.