Court claims related to construction defects and flaws in Spain

It’s probably one of the most unpleasant and stressful situations. You buy a house, seemingly new, and soon after, defects of various kinds (aesthetic, structural, safety, and/or functional) begin to appear, preventing you from enjoying your investment. What can be done in these cases? In this week’s article, we provide some key insights on how to pursue legal action in such situations and what steps you should take.

Types of flaws and defects, and Legal Warranty.

Let’s start from the beginning: what types of issues might you encounter? What are the most common problems? Typically, the most frequent issues involve insulation, dampness in walls, floors, or ceilings, electrical problems, cracks in the ceiling, or, more seriously, concerns affecting the structural stability of the property.

Steps to claim.

When dealing with construction defects, it’s crucial to approach the situation methodically. Begin by thoroughly inspecting the property to uncover and record any issues, ideally enlisting the help of a qualified professional to evaluate the severity and scope of the defects. Following this, formally notify the builder or developer of the identified problems in writing, clearly requesting the necessary repairs and keeping a documented record of this communication. If an agreement is not reached, securing a detailed technical report from an expert will provide support for your claim. Should the builder, developer or architect fail to respond appropriately, pursuing legal action may become necessary to enforce your rights and seek remediation for the defects.

What happens if the developer no longer exists or if he is insolvent?

Many people are unaware that the developer is not the only party responsible for construction defects. In construction projects, other key agents such as the builder and architect also play crucial roles. Additionally, a ten-year structural insurance policy is in place to cover significant structural issues. Therefore, even if the developer is no longer operational, you can still seek redress by pursuing claims against these other responsible parties or their insurers.

If you’re facing issues with construction defects, don’t hesitate to reach out to us. At White-Baos Lawyers, we have extensive experience in handling claims related to construction defects and can guide you through the process.