Warranty terms in building processes

In this blog of Mercury Lawyers in Marbella we are going to analyse the guarantee terms in the building processes. The regulation of the same is found in Building Management Spanish Law, specifically in its articles 17 and 18.

Our expert lawyers in civil law and real estate law in Marbella will represent you in the any civil procedure.

First of all, we would like to highlight that the following deadlines must be counted from the date of receipt of the work, without reservations or from the correction thereof:

1) For ten years, of the material damages caused in the building by vices or defects that affect the foundation, the supports, the beams, the floors, the load-bearing walls or other structural elements, and that directly compromise the mechanical resistance and the stability of the building.

2) For three years, of the material damages caused in the building by vices or defects of the constructive elements or of the facilities that cause the breach of the habitability requirements contained in the law.

3) For one year, it will be liable for material damage due to defects or execution defects that affect elements of completion or finish of the works.

Civil liability will be claimed in a personal and individualized way. However, when the cause of the damages cannot be identified or the concurrence of guilt is proven, the responsibility will be jointly and severally claimed. In any case, the developer will respond jointly and severally with the other agents involved before the possible acquirers of material damage to the building caused by defects or construction defects.