General building defects in Spain, builders obligation on new build properties
Fortunately, Spanish builders do have general responsibilities imposed upon them by Spanish law when building new properties in Spain. These are obligations that go beyond the requirement to have an insurance backed 10 year building guarantee (the Decenal). Indeed, the Ley 38/1999 de 5 de Noviembre (‘Ordenación de la Edificación’) states that a builder has an obligation to: Correct identified snagging points (normally assessed 15–30 days prior to signing the Escritura/Completion) Correct just about any defect (other than normal wear and tear) during the first 12 months following completion of the build Rectify functional issues that affect the enjoyment or habitability of a property for the following two years (i.e. a builder’s responsibilities run for the first three years after completion of a new build property in Spain) Unfortunately, the devastating fall in the property market in 2008 has meant that many builders simply fail to respond to requests to…