Responsibilities deadlines on constructions of properties in Spain

Regarding the query about the responsibility of the promoter after the constructions of a property in Spain, please kindly be informed, in general terms, what the Spanish Regulations states. Our English speaking law firm in Marbella refers to the so known Ley 28/1999 de 5 Noviembre de Ordenación de la Edificación:

– Without prejudice to their contractual responsibilities, natural or legal persons that take part of the process of building, (promoter, architects, builders…..) are liable to the owners (the buyers and future acquirers) of the following material damage caused in the building within the time limits specified, from the date of receipt of the work:

a) For ten years, in relation to the damage caused to the building by faults or defects affecting to the foundation, supports, beams, framework, walls or other structural elements, which directly compromise the mechanical strength and the stability of the construction.

b) For three years, the damage caused to the building by faults or defects in the constructive elements or installations that may cause breach of habitability requirements (Hygiene, health, environmental protection, noises, energy savings, thermal insolations, rational use of energy).

c) The builder is also responsible for the damages in materials or defects that may affect to elements of termination or completion of the works within one year.

– When it is not possible to individualize the cause of the damages, or it would be clear the concurrence of faults, that might not be clarified the degree of involvement of each agent (promoter, architects, builders…..) the liability shall be established jointly and severally (all the agents will be responsible).

In any case, the promoter will be responsible with the other agents, of the damages in the materials used in the construction, caused for hidden vices or defects.

Please kindly note that it will be necessary to study each case to determinate the responsibility depending of the defect of damages that may appear on the property.

The maximum period of responsibility in the worst case is 10 years (point a) above), although this responsibility would be covered by the “Ten years Insurance Policy”.

Do not hesitate to contact our multilingual law firm in marbella. We are expert accountants, tax advisers and efficient lawyers who are ready provide you with Spanish legal and tax advice.

Félix Ruiz, lawyer in Marbella.