Building defects

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28 Apr 2010 12:00 AM by mariadecastro Star rating in Algeciras (Cadiz). 9419 forum posts Send private message

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Building Defects In New Properties

Published on 11/15/2006 2:59:43 PM in Buying Process

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New regulations Spain

Know Your Rights!

You’ve completed on your property and now you begin to wonder if the construction has been carried out properly and whether you have legal basis for claims against building deffects 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 ) Click here to view this law in Spanish

Ask your lawyer to claim for a good finish of your property, good power supply connections and for any major deffects you can rely on having up to ten years of legal guarantee.

The article in the General Building Act which specifies the legal action for different sorts of building defects is:

Article 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 ressistance 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 artilce 3.1.c are as follow:

Article 3. Basic requirements of building.

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

The article lists a series of requirments under three different categories. We will cover those regarding habitability, as mentioned in article 17, but I can answer your questions if you want to know more on the other ones:

(a: regarding functionality)

(b: regarding safety)

(c: regarding habitability)

c.1) Higiene, health and protection of enviroment so that acceptable conditions of healthiness and comfort in the internal environment of the building and so that this won´t damage the close enviroment, guaranteeing a proper management of all kind of refuse.

c.2) Protection against noise, so that the perceived noise won´t put people´s helath at risk and will enable them to carry on their activities properly.

c.3) Saving of energy and thermal insulation, so that a rational use is made 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.
 

 

Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria atmldecastro@costaluzlawyers.es

 

Legal tip 88. Ten years insurance to cover your building deffects 
19 May 2009 @ 08:04 

According to the LOE (General Building Act) the ten years insurance plan for building companies guarantees for ten years all damages caused by faults or defects in construction which directly affect the resistance of the building.


The developer is the policyholder and is obliged by law to sign a ten years insurance plan. The developer is also the assured party, and following the sale of the home, buyers become the beneficiaries of the insurance.

 

Individuals and companies involved in the construction process are accountable to the owners of the material damage caused to the building, provided they claim in time. Time limits for filing a claim vary depending on the importance of  the fault.

 

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.

 

c) For 1 year, of the material damages by vices or execution defects that affect the elements of finishing of the works .

 

 


The deficiencies that may appear within these timeframes need to be fixed by the appropriate operators at no cost to the user.

 

It is very important to have written record of how the damage had occurred within the time set. Most advisable to do it through certified letter or burofax so that the sender can have acknowledgment of reception and date of reception of writing by the addressee.



Liability is individual for every different building agent (developer, builder, architect…), however, when it is not possible to tell who was the responsible, accountability is asked in a jointly way.  

 

The period of limitation of actions to ask for these liabilities is of two years from the time such damages occur.

 

Damages covered:

 

• Material damages that endanger the stability of the building (foundations, floor supports, beams, design errors).

 

• Material damages to secondary works, installations and equipment of the building (resulting from a major damage in the main building).

 

• Costs of repairs to eliminate the threat of subsidence.

 

• Cost of demolition and  removal of debris (as a result of damages covered by the policy).

 

Optional Coverage:

 

• Secondary work



• Waterproofing of decks.



• Waterproofing of facades.

 

• Waterproofing and sealing of basements.



• Waiver of appeal against the builder.



• Waiver of appeal against the contractor and / or subcontractor.



• Waiver of appeal against the technical direction.



• Damage to pre-existing goods.



• Revaluation of insured sum and franchises.

 

Not covered damages:

 

• Body injuries or economic damage other than those protected by the General Building Act.

 

• Damages caused to properties contiguous or adjacent to the building.

 

• Damages caused to movables goods which are located within the building.

 

• Damages produced by works performed after the receipt of the building, except those made to fix construction defects

 

• Damages caused by misuse or lack of proper maintenance of the building.

 

• Those that have their origin in a fire or explosion, except those caused by defects in the facilities themselves.

 



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria


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29 Apr 2010 11:37 AM by Margo Star rating in London/Duquesa. 298 forum posts Send private message

Thanks for that.......Margo




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29 Apr 2010 11:37 AM by Margo Star rating in London/Duquesa. 298 forum posts Send private message

Thanks for that.......Margo




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29 Apr 2010 11:37 AM by Margo Star rating in London/Duquesa. 298 forum posts Send private message

Thanks for that.......Margo




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29 Apr 2010 10:33 PM by peps Star rating in manchester and duque.... 410 forum posts Send private message

what did you say margo?  haha.

but seriously, it seems copying and pasting this by each and every one of us and forwarding it to the administrator would let him know what we are all feeling and expecting.....  if he is our only personal contact.   i take it he will let the developers know from then.




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29 Apr 2010 11:57 PM by Margo Star rating in London/Duquesa. 298 forum posts Send private message

That's weird...I didn't send it 3 times. Honest. Hi Peps. That's a good idea. Does anyone know the actual name and address of the administrator? If it's not within the rules of EOS to publish it - I don't know - perhaps someone could PM me with it. M




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30 Apr 2010 2:36 PM by robbie Star rating. 82 forum posts Send private message

Hi Margo

I  have the administrator  who is called Juan Santos Bobillo, E/Mail address  have just sent a mail to Liliana to check that it has not changed when I get a reply back I will post it on the web, if that is not allowed I will PM all those who require it,If Liliana does not reply I will fire of a mail to the address I have and see if he replies.

If I am not mistaken I believe Sue / Dave have the administrators mail address because at the easter barbie I had a chat with Dave regarding contacting the administrator and he said it takes a few mails before he replies therefore he must have his mail address ,If you read this Sue / Dave could you put it on the web or PM me . 

Regards 

Robbie / Barbara  




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05 May 2010 10:26 PM by Fossie Star rating in Somerset/ Duquesa. 123 forum posts Send private message

It’s good that people are beginning to use this site.I think we probably need to change the name so that it can’t be found with a search engine and therefore only owners who have been told about it by word of mouth will be able to find it. We want to keep it very private so we can discuss things openly.What do others think?

There seems to have been alot of negative comments recently and we feel that it’s important not to loose sight of all the really great things about the development.We probably have a slightly different perspective because of being in the fortunate position of living here for longer periods of time.Because of this,it has probably given us a better understanding of the Spanish way of doing things.We have learnt that it is a mistake to expect things to happen as they would in England;you cannot speed anything up-everything happens in “Spanishtime”!!A big problem for a lot of people is that they are not here for long enough periods of time to accommodate the slow Spanish process!

We are very happy with our decision to buy here on Arenal. It’s true,there are lots of repairs that still need to be done,particually after the extremely bad Winter weather.(We have been here for months and months of it and I think you have to have experienced it to realise just how bad it has been) The Developer is aware of the problems this has caused and plans seem to be afoot to deal with them.To say that communication is not their strong point is an understatement we know!

Being here for longer we see jobs being done that maybe others are unaware of.For example,all the paths around the site have been power washed.Cleaners come in to do the stairwells and lifts.The gardens are worked on a daily basis. The 3 operational pools were difficult to maintain in the bad weather but are now clean and functioning.The paths are swept regularly,alongside entranceways etc.Also security issues are being addressed: all the perimeter fences have been repaired, block 7 garage gates are being replaced(there were “techinco men” measuring up this week).The codes on all the gates have been changed,and both padel tennis courts have been padlocked to prevent outsiders coming in.Keys and codes can be got from the office.(I will PM new code if anyone wants it in advance of coming,but we must be careful who gets to know it) Huge progress has been made on the roads to the front and side of the development.

There is still lots of work to be done we know,to get the site to a acceptable standard for taking over as a community.(We think this will happen within the next year) We are optimists by nature and believe that the problems will be sorted out and still feel happy spending time here.

Sue and Dave
 




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22 May 2010 12:53 AM by randl Star rating in Glasgow. 36 forum posts Send private message

Hi Sue and Dave

We're glad you're not getting despondent as we have had some major concerns. We have recently been in contact with our solicitor because of multiple problems in Phase 2. Our pool has never been in a usable state since just after we completed and the children's pool has never had water in it to date. We still seem to be the only people in Phase 2 and we have a massive problem with damp mouldy walls and water on the floor in the apartment after all the bad weather. A lot of the apartments need repairs but are unoccupied. We were told that 24 of the 96 apartments would be completed and occupied but we have not seen another soul there ever! There is never any communal lighting on in the grounds and the garage door is badly rusted and doesn't open fully most of the time. We also have nobody to contact when we arrive to get water and electricity back on althouh Alfonso has rescued us every time so far but he told me last time that's it's not really his job and gave the impression that he might not always be able to rescue the situation at short notice. That's a worry as we have two small children. Our air con/heating isn't working either.

Has anyone seen the pool/grounds in Phase 2 recently who could comment on their condition?

Cheers

Rod




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22 May 2010 7:58 PM by Fossie Star rating in Somerset/ Duquesa. 123 forum posts Send private message

Sorry to hear about your problems but can't help as don't know anything about phase 2. Hopefully your solicitor can do something.

 




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