HAVE YOU HAD CONSTRUCTION PROBLEMS WITH YOUR PROPERTY?

The buyer of a home, as an integral part of a contract, is entitled to claim against the Promoter for breach of contract:

1. A) The “restitución in natura”(restitution in natura); In other words, the Promoter fixes all the defects that should not have existed, at their expense.
2. B) The “Indemnización por Equivalencia” (Compensation for Equivalence) that is, once the property buyer has lost trust in the Promoter, the Home Buyer will be entitled to claim the Amounts paid for the Repairs and Defects, as well as the corresponding legal interests, the Moral Damage and other expenses (Legal Fees, damages of another nature, etc.).

The deadline to the exercise of this action expires 5 years from the delivery of the property.

This claim is the most recommended of all, since the consumer can claim many more points and the limitation period is longer, although it can only be directed against the Promoter (which means making sure that they are solvent).

This Law regulates the guarantee regime in its articles 17 and 18, as well as the responsibilities of those involved in the construction process.

In this regulation, the differentiation of competencies and responsibilities of those who intervened in the construction process are clearly established.

The difference with respect to the claim based on arts. 1101 and 1124 of the Civil Code, is that only construction material damages can be claimed through this Law without any other type of damage, such as moral damages for the inconvenience suffered; however, the advantage is that it involves all Construction agents, Architects, Builders, etc. as well as their respective insurance companies.

Deadlines:

• 10 years (ten-year liability), for damages caused by defects related to the foundations, or other structural elements, which pose a risk to the strength and stability of the building.
• 3 years, for damages caused by flaws or defects in construction elements or facilities that fail to meet habitability requirements.
• 1 year, The Promoter / Builder will also be liable for damages in the execution that affect the completion or finalisation of the works within a period of one year.

It is important that the consumer report defects in the first year, in order to legally “win” another 2 to be able to claim, as provided under this Law, which is where the calculation of the warranty periods would begin.

In this case, it affects construction damage, and especially in arts. 147 to 149, where its provisions include that the responsibility for construction defects will be enforceable to the Marketing promoter, understanding that as the promoter that they are professionally engaged in this activity, as long as they are damages that are not compensated by other Laws.

It is treated as an objective responsibility to the builder and the developer for damages caused to users in the correct use of the home, which are not compensable by a specific legal regime. The liability of this article is limited to material and personal damages that are not covered by the LOE.

Deadlines: The same as in the previous section.