Going to live in a new property that we have bought should be an unequaled sensation. If entering to live in a house that we have bought already gives a sense of joy, do it in one that we premiere, it should be more. However, sometimes one can find unpleasant surprises.
If it happens to you, in Alicante Real Estate we want you through this post to know who to ask for responsibilities. If in the construction of houses in Spain there are deficiencies, according to the current legislation those responsible are:
Since it is who decides, drives, programs and finances the work for itself or for its subsequent sale, delivery or assignment to third parties with own or third party resources.
It is the professional who carries out the housing project and certifies that the execution of the construction is appropriate to the project.
It is the person who executes the work with human and material resources of his own or of others. It responds directly to material damages caused in the building due to defects or defects caused by malpractice, lack of professional or technical capacity, negligence or breach of the obligations attributed to the head of the work and other natural or legal persons that depend on him. Also in case of subcontracting.
The technical architect or craftsman who directs the development of the work in technical, aesthetic, urban and environmental aspects.
The following responsibility would lie on these figures.
To whom they respond: Faced with owners and third parties acquiring (not others) of the buildings or part of the same if they are object of division.
What they answer: Of the material damages caused with respect to constructed buildings and works in the existing buildings for whose projects the building license is requested from the entry into force of the law.
Term during which they respond: There are three periods of responsibility depending on the type of deficiencies that the house presents:
1. Ten years, due to deficiencies in the structure of the building.
2. Three years regarding the deficiencies that affect constructive elements or installations that suppose noncompliance with the habitability requirements of the dwelling.
3. One year only required by the manufacturer for finishing and finishing defects.
In order to ensure that agents are able to cope with the liability that may be required of them, the Law requires the constitution of property damage insurance in order to:
- Ensure structural damage for ten years. The minimum amount of the insured capital will be 100% of the final cost of the material execution of the work including the professional fees. This insurance is mandatory. The notary and the registrar must not authorize or register in the Property Register public deeds of declaration of new building work without proving the constitution of this guarantee.
- To guarantee deficiencies that affect constructive elements or installations that imply non-compliance with the habitability requirements for three years.
- Guarantee material damages or defects due to defects in performance that affect elements of completion or finishing for a year.
Two years from the date of damage.
The real estate Alicante Real Estate offers you all the services you need to buy a house on the Costa Blanca and Orihuela Costa with the greatest facilities. We put at the disposal of our clients a wide catalogue of properties in which you will find the best homes for sale of all the Costa Blanca.
With the personalized advice that we offer, our clients have at all times the information and advice necessary to find the best properties in each case.