Claiming against a builder in Spain

Much of our work involves the survey and assessment of building defects in Spain and the management of the necessary remedial works.  Running alongside this, of course, is the resolution of construction related disputes, which can involve considerable work.  Indeed, if we become involved in litigation then this can take up considerable time, particularly as we strive to ensure that our clients always have a ‘water-tight’ case that will result in success. Of course, claiming against a builder in Spain is no easier (in many ways) than it would be in the UK or elsewhere in Northern Europe.  It is also something that is deeply upsetting for property owners as, by definition, they have ended up owning a flawed home – and sometimes a home that is potentially dangerous. So, we take our responsibilities very seriously indeed and do all possible to resolve a dispute before it goes to court. …

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Property subsidence in Spain

Unfortunately, property subsidence in Spain is not uncommon.  Indeed, shockingly, some new build properties have been built on lesser foundations than even older properties – making it extremely important to have a survey of a Spanish property (prior to purchase) even when it is brand new. The trouble, of course, is that the Spanish building boom was so extensive and rampant that the quality of construction varied enormously.  Some of it was superb but much of it was indifferent and some was quite appalling, with some disreputable builders saving money on critical aspects of a construction, such as the foundations. Meanwhile, some estates were built on wholly unsuitable land, leading to major subsidence problems.  Indeed, the practice of building on `leftover’ sites (often comprising poor ground conditions) has meant that some properties are located on very steep, unstable ground, on backfill, deep clay or in flood plains.  In some extreme…

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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…

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Decenal insurance policy -10 year building guarantee in Spain

If you are the owner of a new property in Spain, now may be the time to check your home carefully for any structural defects.  I say this because any newly built home in Spain should have a Decenal Insurance policy (10 year building guarantee in Spain). So, if you have a Decenal Insurance policy then this may be close to running out – if your home in Spain was built during the early years of the Spanish property boom. Needless to say, once your 10 year building guarantee in Spain expires you will be liable for any structural defects and remedying these can be extremely expensive.  Indeed, if ever you need insurance then it is for remedial structural works!  Almost by definition these can be complicated and the costs of rectifying a given problem can be far greater than those incurred during the original building process. Certainly, the last thing…

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