Construction problems

Cracks, damp, subsidence

On your behalf, we can request for damage to be repaired or compensation from those responsible.

Deadlines for claiming existing damage to your home

The terms and the type of claim will depend on the date when the work was completed.

Depending on the type of damage to your home (cracks, damp, finishes etc.), who was responsible, and when the building was completed, a range of actions can be undertaken to claim damages, with different deadlines and against different parties involved in the construction. Claims can be made based on violation of the Building Planning Law and for breach of contract. These actions can be carried out at the same time or individually. This will depend on the type of damage, the period in which you find yourself, and against whom the action is directed.

  • A claim under LOE (the Building Ordinance Law) provisions

The LOE is applicable to all those buildings whose building permit was requested after May 2000 (before this date the Civil Code applied and there was a set 10-year term). In Article 17 of the LOE, different guarantee periods are established within which the damages must appear:

  • 10 years for damage affecting the foundations, supports, beams, floors, load-bearing walls, or other structural elements.

  • 3 years for habitation defects (these are usually the most common type of damage - humidity, noise, bad smells, defective insulation, difficult parking manoeuvres, etc.)

  • 1 year for finishings and finishing damage (dents in the doors, scratches on the parquet, etc.)

These periods, within which the damage must appear, begins from the date the work was completed.

If the damage appears within the corresponding period, and once it has been confirmed by means of an expert report (and / or a requirement), there is a 2-year period in which the legal action must be carried out (by filing a claim in court). This legal action can be taken against the builder, architect, or fitter (depending on who is responsible for the damage) and can always also be taken against the developer, who has joint liability.

  • A claim under the Civil Code for contractual breach

In addition to the LOE, there is another legal avenue for seeking damages, provided in Article 1101 of the Civil Code (for breach of contract). This legal action is directed against the developers, because they are not only a party to the construction but also the vendors of the property - therefore, they are obliged to hand over the property to you free of building defects.

If the property was purchased before 7th October 2015, there is a 15-year period to make a claim based on the deed of sale (although the statute of limitation runs only until 7th October 2020).

If the home was purchased after 7th October 2015, there is a 5-year period in which to make the claim.

This legal action can be taken against the developer-vendor, but in the case of self-developers, the action can also be taken against the people they hired (the architect, surveyor, builder etc.).