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Building Defects

Now, you may be satisfied regarding the completion date, however start wondering if the construction has been carried out properly and whether you have legal basis

Now, you may be satisfied regarding the completion date, however start wondering if the construction has been carried out properly and whether you have legal basis for claiming against building defects in the future. The Answer is yes, and its legal basis is in the following provision of the General Building Act (Ley 38/1999, de 5 de noviembre, de Ordenación de la Edificación) http://civil.udg.es/NORMACIVIL/estatal/contract/loedif.htm

Ask your lawyer to claim for a good finish of your property, good power supplies connections… and for major defects, just rely on having up to ten years of legal guarantee.

 

This is the article in the General Building Act which specify the legal action for different sort of building defects:

Provision 17: Civil liability of the agents that intervene in the building process.

1. Despite their contractual liabilities, the individuals or companies that intervene in the building process will answer to owners and third purchasers for the entire building or for part of them, in case they have been divided, of the following material damages happened in the building within the established deadlines, counted from the reception date without reservation or from the rectifying moment:

a) For 10 years, of material damages caused in the building due to defects or vices that affect the foundations, supports, beams, floor structure, charging wall or another structural elements, that directly compromise the mechanic resistance and the stability of the building.

b) For 3 years, of material damages caused in the building by defects or vices of the building elements or the installations that produce the breach of the habitability requirements of the provision 3, 1, c.

The builder will also answer for the material damages by vices or execution defects that affect the elements of finishing of the works within a year deadline.

 

The habitability requirements set by this Act in provision 3.1.c are as follow:

 

Provision 3: Basic requirements of building.

In order to guarantee the safety of people, the welfare of society and the protection of the environment, buildings must be designed, built, maintained and conserved in such a way that will fulfill these Basic following requirements:

 Then, the article list a series of requirements, into three different classes, we are exposing those regarding habitability as mentioned those are which are mentioned in provision 17, but I can answer your questions if you want to know more on those other ones:

(A: regarding functionality)

(B: regarding safety) (Idem as a)

(C: regarding habitability)
 

c.1)  Hygiene, health and protection of environment so that acceptable conditions of healthiness and tightness in the inner ambient of the building and so that this won’t damage the close environment, guaranteeing a proper management of all kind of refuses.

 c.2) Protection against noise, so that the perceived noise won’t put people’s health at risk and will enable them to carry on their activities properly.

 c.3) Save of energy and thermal insulation, so that it is made a rational use of the necessary energy for the adequate use of the building.

c.4) Any other functional aspects of the building elements or the installations that will enable a satisfying use of the building.

 

 
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