If you purchased an apartment or commercial space and moisture, structural defects, insulation problems or construction defects that were not detectable during the visit have appeared, there is a claim. We provide you with a preliminary legal report with the actual viability, timeframe and recommended legal avenue.
You purchased two years ago and moisture has appeared on the facade that was not visible. The dwelling is poorly insulated and the energy bill is unaffordable. Cracks appear that point to a structural defect. The electrical or plumbing installation was poorly executed. There are condensation issues on the exterior wall due to a poorly resolved thermal bridge.
In residential and new construction, two regimes apply. The Civil Code regulates hidden defects in sales between private parties (art. 1484). And the Building Regulation Act regulates the liability of agents involved in construction —developer, contractor, designer, construction manager and execution director— with specific timeframes: 10 years for structural defects, 3 years for habitability and 1 year for finishing. Properly applying one law or the other changes the scenario.
The timeframe to claim under LOE is 2 years from when the defect manifests, within the warranty period.
We review the deed, building logbook, final work certificate and communications with the community and the developer. We coordinate technical expert reports with independent architects and technical architects. We provide you with a preliminary legal report with the applicable law (Civil Code or LOE), the real viability and the recommended course of action.
Meeting room
Structural defects (10-year warranty: foundation, supports, beams, floor slabs, load-bearing walls). Habitability defects (3 years: humidity, thermal and acoustic insulation, installations, ventilation). Finishing defects (1 year). Claims against developer, contractor, project designer, site manager and construction manager according to the origin of the defect.
Habitability defects under LOE when they appear within the 3-year warranty period. Technical expert report that identifies the origin (facade infiltration, capillarity, thermal bridge, poor waterproofing execution).
Pre-existing, hidden and significant defects that reduce the value or use of the property. Redhibitory action (rescission and refund) or quanti minoris (price reduction). 6-month time limit from delivery.
Cracks, differential settlement, foundation problems, structural failures. LOE 10-year statute of limitations. Structural expert assessment and, when applicable, geotechnical expert assessment.
Electrical, plumbing, HVAC, heating, telecommunications, fire protection. Analysis of the corresponding agent’s liability.
Facade, roof, garage, communal installations. Coordinated claim with the homeowners’ association. Board agreement and procedural representation.
We also handle the other side, especially when the claim is disproportionate or the statute of limitations has expired.
If your matter fits with one of these specific services, you should review the specific page:
Without a well-constructed expert assessment, there is no viable claim. We work with independent architects from the initial study.
Each regime has its own statutes of limitations and standing requirements. Properly applying one or the other changes the outcome.
If the deadline has expired or the expert report does not establish pre-existence, we tell you before accepting the case.
We know the most recent case law of the Provincial Court of Madrid regarding LOE, latent defects under the Civil Code, and liability of construction agents.
If it’s humidity due to habitability defects under LOE, the warranty is 3 years from receipt of the work. If it’s due to structural defects, 10 years. The deadline to file a claim is 2 years from when the defect manifests, within the warranty period. You’re probably still in time, but you need to act now.
It depends. LOE applies to buildings (housing, commercial premises, new construction) and binds construction agents to the owner. The latent defects regime under the Civil Code applies between buyer and seller in sales contracts, with shorter deadlines (6 months) but different legal actions. In many cases, both avenues can be pursued together.
It depends on the defect. The developer responds jointly and severally with other agents. The contractor, for construction defects. The project designer, for design defects. The construction manager and execution director, for supervision defects. The expert report identifies the source.
In practice, yes. The expert report is the evidence that establishes the existence of the defect, its origin, and the liability of the corresponding agent. Without an expert report, the claim has little chance of success.
The claim is usually filed by the homeowners’ association, following a resolution at the general meeting. We advise the community and, if your own apartment is affected, we file the individual claim in parallel.
If defects have appeared in your home or commercial property and you have the transaction documentation, write to us. We’ll tell you within 24 hours if the claim has merit and what the next step would be.
We respond within 24 business hours. The information you share is subject to the duty of confidentiality inherent to the practice of law.