Construction defects claims
Can anyone say that he has never had a crack in the walls of his property? Or water leaks? It is very likely that the answer is no, but luckily there are mechanisms to demand the repair of those construction defects that bring us many headaches.
All the keys to know how and when to claim are reflected in the Building Management Law, which can be said, usually protect the owner of the affected property.
The first thing to do, as in any demand, is to find the person responsible for the damage caused, which is usually, since it holds the maximum responsibility, the owner of the property developer who proceeded to the construction of the building (developer).
This does not mean that the developer is the responsible for any construction defect, since, as is logical, many professionals with diverse functions participate in a construction, and they have part of the responsibility in their actions.
The law, to determine the warranty periods, divides the different types of work defects into 3 groups, called: very serious, serious, and mild.
The very serious ones are those that offer the longest guarantee period in the law, since they are the ones that take the longest time to discover them and the ones that most put the lives of the inhabitants of the property at risk. They tend to be defects that affect the stability of the building itself. The law gives us a warranty period of 10 years.
The serious ones, has a big difference with the first one, is that these defects affect in an intern and individual way in a property of the building, but however keep inducing serious problems in the habitability and has to be corrected for the total enjoyment of the property. In this one the law gives 3 years of warranty.
The last one, the mild, are those referred to the defects of finish in works, which usually do not cause major problems due to its easy repair. The law gives us one year warranty.
Does this mean that if we observe a defect and has passed the warranty it is gonna be impossible to claim? No, luckily, it does not matter which one it is and the moment, the law give us 2 years (24 months) after discovering the construction defect to claim before whom the reparation of the damage proceeds.
We hope this information has been useful for a common issue such as construction defects, and if you have any problems, do not hesitate to contact us.