Hidden Faults and Construction Defects
Expert legal assistance with claims for damage and construction defects in homes, commercial premises and buildings
Buying a home, commercial premises or a property for residential or professional use is one of the biggest investments an individual or a company can make. That is why, at Pellicer & Heredia Abogados, we offer a specialist legal service to claim for damages, faults and construction defects, with the aim of protecting your investment, minimising setbacks and achieving an effective solution: repair, compensation and/or rectification of the defects in the shortest possible time.
If, after your purchase, you notice structural damage, defects in the finish or problems in communal areas, please contact our team. We will assess your case, inform you of your rights and, where appropriate, initiate the necessary claims and legal proceedings against developers, building contractors and other parties involved.
Do you need legal advice on claiming for hidden defects or construction faults in your home or building?
Standard text: We coordinate the technical inspection of the damage and advise you on the legal options available to claim for the repair of defects or appropriate compensation, guiding you through the entire process with complete legal certainty.
When can you make a claim for construction defects?
The Building Regulations Act (LOE) 38/1999 of 5 November governs liability for material damage caused by construction faults or defects. Its scope of application covers both:
- Construction itself (the building of permanent structures, whether public or private).
- Extension, alteration, conversion or refurbishment works that alter the architectural layout of the building.
Basic requirements that all buildings must meet
The regulations set out essential requirements that all buildings must meet, including:
- Functionality of the building and its facilities
- Structural safety and safety measures in the event of an emergency (evacuation, signage, fire safety equipment, flood protection, etc.).
- Suitability for habitation under optimal conditions: hygiene, health, environmental protection and fitness for the intended use of the dwelling or premises.
Limits of liability for damage and construction defects
The time limits depend on the type of defect and are calculated from the date of acceptance of the work or from the date on which the defect was rectified:
- 10 years: defects affecting structural stability (foundations, supports, beams, floor slabs, load-bearing walls, flooring, etc.) and which could lead to the building falling into a state of disrepair.
- 3 years: defects affecting the property’s habitability or its fixtures and fittings (damp, leaks, poor insulation, significant health and safety issues, etc.).
- 1 year: defects in finishing elements (trims, cladding, tiling, paintwork, joinery, etc.).